<br />, .
<br />
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<br />collective bargaining agreement or other contract or understanding, notice to be provided by the
<br />contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S
<br />commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
<br />1975, and of the rules, regulations, and relevant Orders of the Governor.
<br />
<br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive
<br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and
<br />Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and
<br />accounts by the contracting agency and the office of the Governor or his designee for purposes of
<br />investigation to ascertain compliance with such rules, regulations and orders.
<br />
<br />e. A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br />such labor organization, or expel any such individual from membership in such labor organization or
<br />discriminate against any of its members in the full enjoyment of work opportunity because of race,
<br />creed, color, sex, national origin, or ancestry.
<br />
<br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
<br />the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person
<br />from complying with the provisions of this contract or any order issued thereunder; or attempt, either
<br />directly-or indirectly, to commit any act defined in this contract to be discriminatory.
<br />
<br />g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract
<br />or with any of such rules, regulations, or orders, this contract may be canceled, terminated or
<br />suspended in whole or in part and the CONTRACTOR may be declared ineligible for further STATE
<br />contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and
<br />Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance
<br />therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided
<br />in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules,
<br />regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
<br />
<br />h. The CONTRACTOR will include the provisions of paragraphs (a) through (h) in every sub-contract and
<br />subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
<br />Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions
<br />will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with
<br />respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of
<br />enforcing such provisions, including sanctions for non-compliance; provided, however, that in the
<br />event the CONTRACTOR becomes involved in, or is threatened with, litigation, with the subcontractor or
<br />vendor as a result of such direction by the contracting agency, the CONTRACTOR may request the
<br />State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
<br />
<br />COLORADO LABOR PREFERENCE
<br />
<br />6. a. Provisions of C.R.S. 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if
<br />public works within the State are undertaken hereunder and are financed in whole or in part by State
<br />funds.
<br />
<br />b. When construction contract for a pUblic project is to be awarded to a bidder, a resident bidder shall be
<br />allowed a preference against a non-resident bidder from a state or foreign country equal to the
<br />preference given or required by the state or foreign country in which the non-resident bidder is a
<br />resident. If it is determined by the officer responsible for awarding the bid that compliance with this
<br />subsection .06 may cause denial of federal funds which would otherwise be available or would
<br />otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, but
<br />only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with
<br />federal requirements (C.R.S. 8-19-101 and 102).
<br />
<br />GENERAL
<br />
<br />7. The laws of the State of Colorado and rules and regulations adopted pursuant thereto shall be applied in
<br />the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or
<br />not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or
<br />which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void.
<br />Nothing contained in any provision incorporated herein by reference which purports to negate this or any
<br />other special provision in whole or in part shall be valid or enforceable or available in any action at law
<br />whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation
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<br />Riverside Reservoir and Land Company
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<br />Page 11 of 12
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<br />Loan Contract C150044
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