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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The Contractor agrees to comply with the fetter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other
<br />applicable law respecting discrimination and unfair employment practices (CRS 24.34-402), Clnd as required bY Executive Order, Equal
<br />Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in af! state contracts
<br />or sub-contracts.
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<br />During the performance of this contract, ttle Contractor agrees as follows:
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<br />(a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin,
<br />sex, marital status. religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that
<br />applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics.
<br />Such acllon shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment
<br />advertisings; lay-offs or terminations; rates of payor other fonns of compensation; and selection for training, including apprenticeship_
<br />Ttle Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by
<br />the contracting officer setting forth provisions of this non-discrimination clause.
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<br />{b} The Contractor will, in all solicitations or ad\lertisements for emplOyees placed by or on behalf of the Contractor, State that all
<br />qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status,
<br />religion, ancestry, mental or physical handicap, or age.
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<br />(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or
<br />other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative 01 the
<br />Contractor's commitment under the Executive Order, Equal Opportunity and Affirmatiw Action, dated April 16, 1975, and rules,
<br />regulations, and relevant Orders of the Govemor.
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<br />(d) The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and
<br />Affirmati\le Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit ~cess
<br />to his books, records, and accounts by the contracting agency and the office of the Gowmor or his designee for purposes of investigation
<br />to ascertain compliance with such rules regulations and orders.
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<br />(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel
<br />any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work
<br />opportunity because of race, creed, color, sex, national origin, or ancestry.
<br />(f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in
<br />this contract to be discriminatory or obstruct or prevent any person from complying with the 1X0'ltsion of this contract or any order issued
<br />thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory.
<br />(g) In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,
<br />regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared
<br />ineligible for further State contrac1.t. in accordance with procedures, authOfuea. In E~ut\\R; Of~f, E<::jua\ O?~~ aM ~W.rma\lve-
<br />Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
<br />imposed and remedies as may be invoked as provided in Executive Orders, Equal Opportunity and Affirmative Action of April 16, 1975, or
<br />by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law,
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<br />(h) The Contractor will include the provisions of paragraphs (a) through (11) in every sub-contract and subContractor purChase order
<br />unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April
<br />16, 1975, so that such provisions will be binding upon each subContractor or vendor. The Contractor will take such action with respect to
<br />any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
<br />sanctions for non-compliance; provided, howe\ler, that in the event the Contractor becomes involved in, or is threatened with, litigation,
<br />with the subContractor or vendor as a result of such direction by the contracting agency, the Contractor may request the State of
<br />Colorado to enter into such litigation to protect the interest of the State of Colorado.
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<br />COLORADO LABOR PREFERENCE
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<br />ea. PrQvisions 01 CRS 8-11-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are
<br />undertaken hereunder and are financed in whole or in part be State funds.
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<br />b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against
<br />a non-resident bidder from a State or foreign country equal to the preference given or required by the State or foreign country in which the
<br />non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06
<br />may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Feden~,llaw,
<br />this subsection shall be suspended, but 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).
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<br />GENERAL
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<br />7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution,
<br />and enforcement of this contract. Any proviSion of this contract whether or not incorporated herein by reference which provideS for
<br />arb\tra1ion by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered
<br />null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special
<br />provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or
<br />otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the
<br />extent that the contract is capable of execution.
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<br />8, At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable feder31 and State laws, rules,
<br />and regulations that have been or may hereafter be established,
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