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<br />r', <br /> <br />creed, color, national origin, sex, martial status, religion, ancestry: mental or physical handicap, or age. The <br />CONTRACTOR will take affirmative action to insure that applicants are employed, and that employees are treated <br />during employment, without regard to the above mentioned characteristics. Such action shall include, but not <br />be limited to the lollowing: employment upgrading, demotion, or transfer, recruitment or recruitment <br />advertisings; lay'offs or terminations; rates 01 payor other torms of compensation; and selection for training, <br />including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and <br />applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non- <br />discrimination clause. <br /> <br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the <br />CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, <br />creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. <br /> <br />C. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective <br />bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, <br />advising the labor union or workers' representative of the CONTRACTOR'S commitment under the Executive <br />Order, Equal Opponunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and <br />relevant Orders of the Governor. <br /> <br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order; Equal <br />Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Govemor, <br />or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and <br />the office of the Govemor or his designee for purposes 01 investigation to escertain compliance with such rules, <br />regulations and orders. <br /> <br />e. A labor organization will not exclude any Individual otherwise qualified lrom {ull membership rights in such labor <br />organization, or expel any such ,individual from membership in such labor organization or discriminate against <br />any 01 its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, <br />or ancestry. <br /> <br />f. A labor organization, or the employees or members thereof will not aid, abet. incit~ rn"1pel or coercc the duo, 'y <br />. , . . Ina ory or 0 struct or prevent any person from complying with the <br />provisions of this contract or any order Issued thereunder; or attempt, either directly or indirectly, to commit any <br />act defined in this contract t~_ be discriminatory. <br /> <br />g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract or with <br />any 01 such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in <br />part and the CoNTRACTOR may be declared ineligible for further STATE contracts in accordance with procedures, <br />authorized In Executive Order, Equal Opportunity 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 <br />remedies as may be invoked as provided in EX8<:utive Order, Equal Opportunity and Affirmative Action of April <br />16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as othelWise provided by <br />law. <br /> <br />h. The CoNTRACTOR will include the provisions of paragraphs (a) through (h) in every sub-contract and <br />subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive <br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon <br />each subcontractor or vendor. The CONTRACTOR will take such action with respect to any sub-contracting or <br />purchase order as the contracting agency may dir8<:t, as a means of enforcing such provisions, including <br />sanctions for non-compliance; provided, however, that in the event the CONTRACTOR becomes involved in, or is <br />threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting <br />agency, the CONTRACTOR may request the State of Colorado to enter into such litigation to protect the interest of <br />the State of Colorado. <br /> <br />COLORADO UBOR PREFERENCE <br />, , <br />6. a, Provisions of section 8-17-101 & 102, C.R.S. (1998) for preference of Colorado labor are applicable to this contract <br />if pUblic works within the State are. undertaken hereunder and are financed in whole or in part by State funds. <br /> <br />b. When construction contract for a pUbiic project is to be awarded to a bidder, a residen-t" bidder shall be allowed a <br />preference against a non-resident bidder from a state or foreign country equal to the preference given or <br />required by the state or foreign country'in which the non-resident bidder is a resident. If it is determined by the <br />officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal <br />funds which would othelWise be available or would othelWise be inconsistent with requirements of federal iaw, <br />this subsection shall be suspended, but only to the extent, necessary to prevent denial of the moneys or to <br />eliminate the inconsistency with federal requirements (SS 8-19-101 and 102 C.R.S. (1998)). <br /> <br />The Consolidated Mutual Water Cpmpany <br /> <br />Page100f 11 <br /> <br />Loan Contract <br />