<br />r",
<br />,.': ,
<br />
<br />by the contracting agency and the office of the Governor or his designee for purposes of investigation
<br />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.
<br />in 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
<br />coerce lhe doing of any act defined in this contract to be discriminatory or obstruct or prevent any
<br />person from complying with the provisions of this contract or any order issued thereunder: or attempt,
<br />either directly or indirectly, to commit any act defined in this contact to be discriminatory,
<br />
<br />g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this
<br />contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated
<br />or 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 respect
<br />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 event
<br />the CONTRACTOR becomes involved in, or is threatened with, litigation, with the subcontractor or vendor
<br />as a result of such direction by the contracting agency, the CONTRACTOR may request the State of
<br />Colorado to enter into sucl] litigation to protect the interest of the State of Colorado.
<br />
<br />6. Colorado labor preference
<br />
<br />a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contact
<br />if public works within the STATE are undertaken hereunder and are financed in whole or in part by
<br />STATE funds.
<br />
<br />b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall
<br />be 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 (CRS 8-19-101 and 102).
<br />
<br />7. General. The laws of the State of Colorado and rules and regulations issued pursuant lhereto shall be
<br />applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract
<br />whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or
<br />person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void.
<br />Nolhing contained in any provision incorporaled herein by reference which purports to negate this or any other
<br />special provision in whole or in part shall be valid or enforceable or available in any action at law whether by
<br />way of complaint, defence or otherwise. Any provision rendered null and void by the operation of this provision
<br />will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
<br />
<br />TOWN OF MONUMENT
<br />
<br />Page 100f'1
<br />
<br />LOAN CONTRACT
<br />
|