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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 all unauthorized alien, nor retail) <br />any employee or contract with a person that the subcontractor subsequently learn-, is an unauthorized alien, <br />and that the subcontractor has enrolled in and is participating in. the E-Verify program, The Contractor agrees <br />to maintain this certification throughout the tern orthe contract with the City of South Bend, and understands <br />that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision <br />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 or <br />applicant for employment in the performance of City contract with respect to hire, leriffC, terms, conditions, <br />or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, <br />religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation 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, 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 Contractors good faith efforts to obtain participation by those Contractors <br />certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise <br />("WBE") as a factor in determining the lowest, responsible, responsive bidder. <br />In no even( shall persons or entities seeking the award of a City contract be required to award a subcontract <br />to ail 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 from <br />being awarded a City conti'act for- a period of one (I) year from the date of such determination, and such <br />determination may ,also be grounds for terminating the contact for which the discriminatory practice or <br />noncompliance pertains, <br />7. The undersigned contractor agrees that the hallowing nondiscrimination commitment shall be made <br />a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its <br />agencies, boards or commissions. <br />Contractor agrees not to, discriminate against or intimidate any employee or applicant for employment in the <br />performance of this contract with privileges of employment, or any matter directly or indirectly related to <br />employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, <br />handicap, 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 statutory <br />obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8- 1 )A hereby <br />certify that I and all subcontractors employed by rue for this protect will use steel Products Or fOUndry <br />products made in the United States oil this project if awarded. I understand I have ail affirmative duty to <br />notify the City in my bid that my proposal does not include the use of steel products Or 1`61.111dry products <br />made in the United States, l understand it is my sole obligation and responsibility to provide ajustification <br />to the City, subject to review and approval, why the cost of United States made steel or foundry products is <br />unreasonable. Prior to award and Up011 submission of bid which does not use steel products or foundry <br />products made in the United States, the City, through its director of public works, shall make a determination <br />if the price of'United States made steel (m° foundry is unreasonable. I understand that violations hereunder <br />may result in forfeiture of contractual payments, <br />I hereby affirIll Under the penalties 01'PajUry that (lie facts and information contained in the foregoing bid <br />f01- public works are true and correct, <br />Dated this 7- day of G� 4-1V 1 2 0 eT <br />Version 7/01/2016 Special Provisions - 11 <br />