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<br />5. Discrimination and affirmative action. The CONTRACTOR agreeS to comply with the letter and spirit of the Colorado Antidiscrimination
<br />Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. 24-34.4021, and as required
<br />by Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975. Pursuant thereto, the following provisions shall be contained
<br />in all STATE contracts or sub-contracts.
<br />
<br />During the performance of this contract. the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR wilt not discriminate against any employee or applicant for employment because of race, creed, color, national
<br />origin. sex, martial status, religion, ancestry, mental or physical handicap, or age. The CONTRACTOR will take affirmative action to insure
<br />that applicants are employed, and that employees are treated during employment, without regard to the abo....e mentioned characteristics.
<br />Such action shall i"clude, but not be limited to the following: employment upgrading, demotion, Or transfer, recruitment or recruitment
<br />advertisings; lay.otfs or terminations; rates of payor other forms of compensation; and selection for training, including apprenticeship.
<br />The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided
<br />by the contracting officer setting forth provisions of this non-discrimination clause.
<br />
<br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRA.CTOR. state that all
<br />qualified applicants will receive consideration for employment without regard to race, creed. color. nationtll origin. sex, martial status.
<br />religion, ancestry, mental Or physical handicap. or age.
<br />
<br />c. The CONTRACTOR will send to each labor union or representlltive 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 uniotl or workers' representative
<br />of the CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. and of
<br />the rules. regulations, and relevant Orders of the Governor.
<br />
<br />d. The CONTRACTOR and labor unions will furnish all informotion and reports required by Executive Order, Equal Opportunity and
<br />Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant ther~to. and will permit
<br />access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of
<br />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 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 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 coerce the doing of any act defined
<br />in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order
<br />issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory.
<br />~
<br />
<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 contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative
<br />Action of April 16, 1975 and the rules, regulations. or orders promulgated in accordance therewith, and such other sanctions as may
<br />be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16,1975,
<br />or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
<br />
<br />h. The CONTRACTOR will include the provisions of paragraphs lal through (hI 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 CONTRACTOP will take such action with
<br />respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions.
<br />including sanctions for non-compliance; provided, however, that in the event the CONTRACTOR becomes invol\led in, or is threatened with,
<br />litigation, with the subcontractor or vendor as a result of such direction by the contracting agency. the CONTRACTOR may request the
<br />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.FtS. 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the STATE
<br />are undertaken 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
<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
<br />the non.resident bidder is a 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 otherwise be inconsistent with
<br />requirements of federal law. this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or
<br />to eliminate the inconsistency with federal requirements (C.R.5. 8-' 9-101 and 1021.
<br />
<br />7. General. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation.
<br />execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for
<br />arbitration by any extra-judicial bOdy or person or which is otherwise in conflict with said laws. rules, and regulations shall be considered null and
<br />void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole
<br />or in part shall be valid or enforceable or available in any action at law whether by way of complaint. defence or otherwise. Any provision rendered
<br />
<br />Bravo Ditch Company
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<br />Loan Contract
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