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and attached as part bf this bid/quote; and
<br />5. Contractor shall require his/her/its subcontractors performing work under this public contract to
<br />certify that the subcontractors do not knowingly employ or contract with an unauthorized alien,
<br />nor retain any employee or contract with a person that the subcontractor subsequently learns is
<br />an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-
<br />Verify Program. The Contractor agrees to maintain this certification throughout the term of the
<br />contract with the City of South Bend, and understands that the City may terminate the contract for
<br />default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after
<br />being notified by the City.
<br />6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the
<br />City of South Bend through its agencies, boards, or commissions shall not discriminate against
<br />any employee or applicant for employment in the performance of a City contract with respect to
<br />hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
<br />related to employment because of race, sex, religion, color, national origin, ancestry, age, gender
<br />expression, gender identity, sexual orientation or disability that does not affect that person's
<br />ability to perform the work.
<br />1n awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or
<br />any combination of the foregoing including, but not limited to, public works contracts awarded
<br />under public bidding laws or other contracts in which public bids are not required by law, the City,
<br />its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain
<br />participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE")
<br />or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible,
<br />responsive bidder.
<br />In no event shall persons or entities seeking the award of a City contract be required to award a
<br />subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBEIMBE.
<br />A finding of a discriminatory practice by the City's MBENVBE Utilization Board shall prohibit that
<br />person or entity from being awarded a City contract for a period of one (1) year from the date of
<br />such determination, and such determination may also be grounds for terminating the contact for
<br />which the discriminatory practice or noncompliance pertains.
<br />7. The undersigned contractor agrees that the following nondiscrimination commitment shall be
<br />made a part of any contract which it may henceforth enter into with the City of South Bend,
<br />Indiana or 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 matter
<br />directly or indirectly related to employment, because of race, religion, color, sex, gender
<br />expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
<br />this provision may be regarded as material breach of contract.
<br />Version 10117/2016 Contractor's Bid for Public Works - 5
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