|
<br />books, records, and accounts by the contracting agency and the office of the Governor or his -
<br />designee for purposes of investigation to ascertain compliance with such rules, regulations and
<br />orders.
<br />
<br />e. A labor organization will not exclude any individual otherwise qualified from full membership
<br />rights in such labor organization. or expel any such individual from membership in such labor
<br />organization or discriminate against any of its members in the full enjoyment of work
<br />opportunity because of race, 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 the doing of any act defined in this contract to be discriminatory or obstruct or prevent
<br />any person from complying with the provisions of this contract or any order issued thereunder;
<br />or attempt, either directly or indirectly, to commit any act defined in this contract to be
<br />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,
<br />terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible
<br />for further STATE contracts in accordance with procedures, authorized in Executive Order,
<br />Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders
<br />promulgated in accordance therewith, and such other sanctions as may be imposed and
<br />remedies as may be invoked as provided in Executive Order, Equal Opportunity and
<br />Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in
<br />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-
<br />contract and subcontractor purchase order unless exempted by rules, regulations, or orders
<br />issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16,
<br />1975, so that such provisions will be binding upon each subcontractor or vendor. The
<br />CONTRACTOR will take such action with respect to any sub-contracting or purchase order as the
<br />contracting agency may direct, as a means of enforcing such provisions, including sanctions
<br />for non-compliance; provided, however, that in the event the CONTRACTOR becomes involved
<br />in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction
<br />by the contracting agency, the CONTRACTOR may request the State of Colorado to enter into
<br />such litigation to protect the interest of the State of Colorado.
<br />
<br />6. Colorado Labor Preference.
<br />
<br />a. Provisions of C.R.S. 8-17-101 & 102 for preference of Colorado labor are applicable to this
<br />contract if public works within the STATE are undertaken hereunder and are financed in whole or
<br />in part by STATE funds.
<br />
<br />b. When construction contract for a public project is to be awarded to a bidder, a resident bidder
<br />shall be allowed a preference against a non-resident bidder from a state or foreign country
<br />equal to the preference given or required by the state or foreign country in which the non-
<br />resident bidder is a resident. If it is determined by the officer responsible for awarding the bid
<br />that compliance with this subsection .06 may cause denial of federal funds which would
<br />otherwise be available or would otherwise be inconsistent with requirements of federal law, this
<br />subsection shall be suspended, but only to the extent necessary to prevent denial of the
<br />moneys or to eliminate the inconsistency with federal requirements (C.R.S. 8-19-101 and 102).
<br />
<br />7. General. The laws of the State of Colorado and rules and regulations issued pursuant thereto
<br />shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of
<br />this contract whether or not incorporated herein by reference which provides for arbitration by any
<br />
<br />Smith Irrigation Ditch
<br />
<br />Page 12 of 13
<br />
<br />Loan Contract
<br />
|