PSA - Black & Veatch Corp - Peer review for LTCP

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program as defined in IC 22-5-1.7-3. The Engineer shall not knowingly employ or contract with an unauthorized alien. The Engineer shall not retain an employee or contract with a person that the Engineer subsequently learns is an unauthorized alien. The Engineer is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Engineer is not required to participate if the Engineer is self- employed and does not employ any employees. The Engineer shall require his/her/its sub -engineers, who perform work under this contract, to certify to the Engineer that the sub -engineer does not knowingly employ or contract with an unauthorized alien and that the sub -engineer has enrolled and is participating in the E-Verify program. The Engineer agrees to maintain this certification throughout the duration of the term of a contract with a sub -engineer. The City may terminate for default if the Engineer fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Section 13. Minority and Women's Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Engineer's good faith efforts to obtain participation by those Engineers certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 14. Non -Discrimination. The City of South Bend is committed to ensuring equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any person to discrimination in any City program, service or activity on the basis of race, color,