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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 (1) use the credit to provides <br />goods and services in the energy sector in Iran; and (ii) 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 eligibility <br />status of all of Contractor's newly hired employees through the E-Verify Program as defined by <br />I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify <br />Program is included and attached as part of this bidtquote; 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 subcontractor <br />subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is <br />participating in the E-Verify Program. The Contractor agrees to maintain this certification <br />throughout the term of the contract with the City of South Bend, and understands that the City <br />may terminate the contract for default if the Contractor fails to cure a breach of this provision no <br />later than thirty (30) days after being notified by the 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 discriminate <br />against any employee or applicant for employment in the performance of a City contract with <br />respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or <br />indirectly related to employment because of race, sex, religion, color, national origin, ancestry, <br />age, 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 <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, <br />responsible, 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 MBEIWBE; however, it may not unlawfully discriminate against said <br />WBEIMBE. A finding of a discriminatory practice by the City's MBEIWBE Utilization Board shall <br />prohibit that person or entity from being awarded a City contract for a period of one (1) year from <br />the date of such determination, and such determination may also be grounds for terminating the <br />contact for which the discriminatory practice or noncompliance pertains. <br />6. 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 Bend, <br />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 matter <br />directly or indirectly related to employment, because of race, religion, color, sex handicap, <br />national origin or ancestry. Breach of this provision may be regarded as material breach of <br />contract. <br />1, the undersigned bidder or agent as contractor on a public works project, understand my <br />statutory obligations to the use of steel products or foundry products made in the United States <br />(I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will <br />Version 8 — 02/25/14 <br />