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i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars
<br />($20,000,000) or more in value in the energy sector of Iran; or
<br />ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million
<br />dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if
<br />that person will (i) use the credit to provides goods and services in the energy sector in hran;
<br />and (ii) at the time the financial institution extends credit, is a person identified on list
<br />published by the Indiana Department of Administration.
<br />4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any
<br />employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.
<br />Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's
<br />newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's
<br />documentation of enrollment and participation in the E-Verify Program is included and attached as part
<br />of 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, nor retain
<br />any employee or contract with a person that the subcontractor subsequently learns is an unauthorized
<br />alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program, The
<br />Contractor agrees to maintain this certification throughout the term of the contract with the City of South
<br />Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure
<br />a breach of this provision no later than thirty (30) days after being notified by the City.
<br />6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City
<br />of South Bend through its agencies, boards, or commissions shall not discriminate against any employee
<br />or applicant for employment in the performance of a City contract with respect to hire, tenure, terms,
<br />conditions, or privileges of employment, or any matter directly or indirectly related to employment
<br />because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity,
<br />sexual 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, materials, or any
<br />combination of the foregoing including, but not limited to, public works contracts awarded under public
<br />bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards,
<br />or commissions may consider the Contractor's good faith efforts to obtain participation by those
<br />Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business
<br />Enterprise ("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 award a subcontract
<br />to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a
<br />discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity
<br />from being awarded a City contract for a period of one (1) year from the date of such determination, and
<br />such determination may also be grounds for terminating the contact for which the discriminatory practice
<br />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, Indiana or
<br />any of its agencies, boards or commissions.
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