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<br />'. <br /> <br />'\ <br />i <br /> <br />contracts in accordance with procedures. authorized in Executive Order, Equal Opporwnity and Affirmative Action of April 16, 1975 and the rules, <br />regulations, or orders promulgated in accordance 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, regulations. or orders promulgated in accordance <br />therewith, or as otherwise provided by law. <br /> <br />h. The COI'ITRACfOR will include the provisions of paragraphs (a) through (h) in every sub<ontract and subcontractor purchase order unless exempted <br />by rules. regulations, or orders issued pursuant to Executive Order, Equal Opporwnity 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 to any sub..contracting or purchase order as <br />the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the evenl <br />the CONTRACTOR becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting <br />agency, the CONTRACTOR may requestlhe State of Colorado to enter into 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 contract if public works within lhe STATE are undertaken <br />hereunder and are financed in whole 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 be allowed a preference against a non-resident <br />bidder from a state or foreign country equal to the 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 subsection .06 may cause denial of federal funds <br />which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, but only <br />to the extent necessary to prevent denial of the 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 shall be applied in the interpretation, execution, and <br />enforcement of this contract. Any provision of this con:ract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial <br />body or person or which is otherwise in conflict with said laws, rules. and regulations shall be considered null and void. Nothing contained in any provision <br />incorporated herein by reference which purports to nega:e this or any other special provision in whole or in part shall be valid or enforceable or available in any <br />action at law whether by way of complaint. defence or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the <br />remainder of this contract to the extent that the contract is capable of execution. <br /> <br />8. AI all times during the performance of this contract, lhe CONTRACTOR shall strictly adhere to all applicable federal and Stale laws, rules. and regulalion~ <br />that have been or may hereafter be established. <br /> <br />9. The signatories aver that they are familiar with C.R.S. 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office). <br />and that no violation of such provisions is present. <br /> <br />10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsOever in the service or properly described herein: <br /> <br />IN WITNESS WHEREOF. the parties hereto have executed this contract on the day first <br />above written. <br /> <br />CONTRACTOR: South Platte Ditch Company <br /> <br />State of Colorado <br />Roy Romer, Governor <br /> <br />By <br /> <br />~ .1Jlbu~ <br />Edward Dermer, President <br />10 Number: 84-0425471 <br /> <br /> <br />or the Executive Director <br />DEPARTMENT OF NATURAL RESOURCES <br />COLORADO WATER CONSERVATION BOARD <br />Daries C. Lile, P.E.. Director <br /> <br />Federal <br /> <br />Attest (Seal) <br /> <br />~/J~ <br /> <br />Charles Bartlett, Secretary <br /> <br />By <br /> <br />APPROVALS <br /> <br /> <br />By <br /> <br />~,~VA~~:__,. r:R <br />(:~-:r PI TE CO" \ ;..; -) " . <br />BX~:'" 0 W.. r',.".. <br />c.r!~ <br /> <br /> <br />ssista Attorney ~eneral <br />State Services SecliOn <br />South Platte Ditch Company <br /> <br />Page 11 of 11 <br /> <br />Loan Contract <br />