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<br />, . <br /> <br />. '-,\ <br /> <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 <br /> <br />Riverside Reservoir and Land Company <br /> <br />Page 11 of 12 <br /> <br />Loan Contract C150044 <br />