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employee or applicant for employment in the performance of a City contract with respect to hire,
<br />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, or
<br />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,
<br />or any combination of the foregoing including, but not limited to, public works contracts
<br />awarded under public bidding laws or other contracts in which public bids are not required by
<br />law, the City, its agencies, boards, or cornrnissions may consider the Contractor's good faith
<br />efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
<br />Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the
<br />lowest, 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 MBE/WBE; however, it may not unlawfully discriminate against said
<br />WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
<br />shall prohibit that person or entity from being awarded a City contract for a period of one (1)
<br />year from the date of such determination, and such determination may also be grounds for
<br />terminating the contact for which the discriminatory practice or noncompliance pertains.
<br />Notwithstanding the foregoing, the award and performance of all City contracts shall comply
<br />with applicable federal, state, and local laws.
<br />Section 14. 11. Equal Opportunity; Non -Discrimination; Compliance. The
<br />Contractor shall comply with all applicable Iaws and regulations in his hiring and employment
<br />practices and policies for any activity covered by this Agreement, The Contractor shall comply
<br />with all state, federal, and municipal laws, regulations, and standards applicable to its activities
<br />pursuant to this Agreement including, but not limited to, the requirements imposed by Ind, Code
<br />22-9-1-10 (non-discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for
<br />dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-
<br />Verify for new employees and prohibiting employment of unauthorized aliens). Each of the
<br />foregoing provisions is incorporated herein as if set forth in full, and the Contractor certifies that
<br />he is in compliance with each such provision and shall remain in compliance through the term of
<br />this Agreement.
<br />Section 15. Drug -Free Workplace. The Contractor hereby agrees to make a good
<br />faith effort to provide and maintain a drug -free workplace. The Contractor will give written
<br />notice to the City within ten (10) days after receiving actual notice that the Contractor or an
<br />employee of the Contractor within the State of Indiana has been convicted of a criminal drug
<br />violation occurring in the workplace.
<br />Section 16. Indemnification of City. The Contractor hereby agrees to defend,
<br />indemnify, and hold harmless the City, its officials, employees, and agents from any and all
<br />claims of any nature which arise from the performance by the Contractor under this Agreement
<br />and from all costs and attorney fees in connection therewith, excepting for claims arising out of
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