Professional Services Agreement - Creative Financial Staffing LLC - Water Works Financial Assistance

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Section 11. E-Verify. The Contractor affirms under the penalties 01' pcljul'y that he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of, all Ilis/her/its newly hired employees Ihroug;h the I"Nerily Program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly crilploy or contract with an unauthorized alien. The Contractor shall not retain all employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if' the Contractor is self=cmpfoyed and does not employ ally employees. Tile Contractor shall require his/her/its subcontractors, who perloll r'work Mulder this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that tile: subcontractor has enrolled and is participating; in tile; E-Verify prograIll. The Contractor agrees to maintain this certification thl'QLIgIlOUt the duration of' the tern, of a contract with a subcontractor. The City may terminate ibr default if' the Contractor fails to cure a breach of this pi-ovision no later than thirty (30) {lays after being notified by the City. Section 12. Minority and Wontens Enterprise Diversity Development. 11'er•sons, partneI'ships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, oI' co1111111ssiolls shall not discriminate against any employee or applicant for employment in the performance of� a City coilti'act li'1t11 respect to hli'C, tenure, terms, conditions, or privileges of employment, or any platter directly or indirectly related to cinploynlent because of race, sex, religion, color, national origin, ancestry, age, or disability that does 'lot affect that person's ability to pCi'foi•"1 the work. In awarding; contracts f'or 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 bi{is are not required by law, tine City, its agencies, boards, or commissions may consider the Conti -actor's good faith eftorts to obtain participation by those Contractors certified by the State of lndlana as is Minority Business Enterprise ("MBE") of as a Women's Business Enterprise ("WBI ") 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 all MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A fielding of a discriminawry practice by the City's MBF/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (I ) year f''olll the date of such determination, and such detei•Illination "lay also be grounds fog. terminating; tile contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoi'I& the award and performance of all City contracts shall comply with applicable Iederal, stale, and local Iaws. Sorviccs•f'uilessiun;tl__{'rr;nivc Fivanciai Staling Adtn ntul Finmtcc. I.�NAL_ 140312