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<br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations
<br />and Orders of the Govemor, or pursuant thereto, and will permit- access to his books, records,
<br />and accounts by the contracting agency and the office of the Governor or his designee for
<br />purposes of 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
<br />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 opportunity
<br />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 any
<br />person from complying with the provisions of this contract or any order issued thereunder; or
<br />attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory.
<br />
<br />9. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this
<br />contract or with any of such rules, reguiations, or orders, this contract may be canceled,
<br />terminated or suspended, in whole or in part, and the CONTRACTOR may be declared ineligible for
<br />further STATE contracts in accordance with procedures, authorized in Executive Order, Equal
<br />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 Affirmative
<br />Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith,
<br />or as otherwise provided by law,
<br />
<br />h. The CONTRACTOR will include the provisions of paragraphs (a) through (h) in every sub-contract
<br />and subcontractor purchase order unless exempted by rules, reguiations, or orders issued
<br />pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that
<br />such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take
<br />such action with respect' to any sub-contracting or purchase order as the contracting agency may
<br />direct, as a means of enforcing such provisions, including sanctions for non-compliance;
<br />provided, however, that in the event the CONTRACTOR becomes invoived in, or is threatened with,
<br />litigation, with the subcontractor or vendor as a result of such direction by the contracting agency,
<br />the CONTRACTOR may request the State of Colorado to enter into such litigation to protect the
<br />interest of the State of Colorado,
<br />
<br />COLORADO LABOR PREFERENCE
<br />
<br />6. a, Provisions of section 8-17-101 & 102, C.RS, (1999) for preference of Colorado labor are applicable
<br />to this contract if public works within the State are undertaken hereunder and are financed in whole
<br />or 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 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,
<br />but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency
<br />with federal requirements (9 8-19-101 and 102, C,R,S, (1999)),
<br />
<br />GENERAL
<br />
<br />7. The laws of the State of Colorado and rules and regulations adopted pursuant thereto shall be applied
<br />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
<br />
<br />Chilcott Ditch Company
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