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ii. Contractor, its successor or its affiliate, is a financial institution that extends
<br />twenty million dollars ($20,000,000) or more in credit to another person for
<br />forty-five (45) days or more, if that person will (i) use the credit to provides
<br />goods and services in the energy sector in Iran; and (it) at the time the
<br />financial institution extends credit, is a person identified on list published by
<br />the Indiana Department of Administration.
<br />4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
<br />any employee or contract with a person that the Contractor subsequently learns is an
<br />unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work
<br />eligibility status of all of Contractor's newly hired employees through the E-Verify
<br />Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and
<br />participation in the E-Verify Program is included and attached as part of this bid/quote;
<br />and
<br />5. Contractor shall require his/her/its subcontractors performing work under this public
<br />contract to certify that the subcontractors do not knowingly employ or contract with an
<br />unauthorized alien, nor retain any employee or contract with a person that the
<br />subcontractor subsequently learns is an unauthorized alien, and that the subcontractor
<br />has enrolled in and is participating in the E-Verify Program. The Contractor agrees to
<br />maintain this certification throughout the term of the contract with the City of South Bend,
<br />and understands that the City may terminate the contract for default if the Contractor fails
<br />to cure a breach of this provision no later than thirty (30) days after being notified by the
<br />City.
<br />6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract
<br />by the City of South Bend through its agencies, boards, or commissions shall not
<br />discriminate against any employee or applicant for employment in the performance of a
<br />City contract with respect to hire, tenure, terms, conditions, or privileges of employment,
<br />or any matter directly or indirectly related to employment because of race, sex, religion,
<br />color, national origin, ancestry, age, gender expression, gender identity, sexual
<br />orientation or disability that does not affect that person's ability to perform the work.
<br />In awarding contracts for the purchase of work, labor, services, supplies, equipment,
<br />materials, or any combination of the foregoing including, but not limited to, public works
<br />contracts awarded under public bidding laws or other contracts in which public bids are
<br />not required by law, the City, its agencies, boards, or commissions may consider the
<br />Contractor's good faith efforts to obtain participation by those Contractors certified by the
<br />State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise
<br />("WBE") as a factor in determining the lowest, responsible, responsive bidder.
<br />In no event shall persons or entities seeking the award of a City contract be required to
<br />award a subcontract to an MBE/W BE; however, it may not unlawfully discriminate against
<br />said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization
<br />Board shall prohibit that person or entity from being awarded a City contract for a period
<br />of one (1) year from the date of such determination, and such determination may also be
<br />grounds for terminating the contact for which the discriminatory practice or
<br />noncompliance pertains.
<br />7. The undersigned contractor agrees that the following nondiscrimination commitment shall
<br />be made a part of any contract which it may henceforth enter into with the City of South
<br />Bend, Indiana or any of its agencies, boards or commissions.
<br />Contractor agrees not to discriminate against or intimidate any employee or applicant for
<br />employment in the performance of this contract with privileges of employment, or any
<br />matter directly or indirectly related to employment, because of race, religion, color, sex,
<br />gender expression, gender identity, sexual orientation, handicap, national origin or
<br />ancestry. Breach of this provision may be regarded as material breach of contract.
<br />1, the undersigned bidder or agent as contractor on a public works project, understand my
<br />Bidder'Ver. 12 - 9/16/13
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