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documentation of enrollment and participation in the E-Verify Program is included and attached as part
<br />of this bid/quote; and
<br />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 an unauthorized alien, nor
<br />retain any employee or contract with a person that the subcontractor subsequently learns is an
<br />unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify
<br />Program. The Contractor agrees to maintain this certification throughout the term of the contract with
<br />the City of South Bend, and understands that the City may terminate the contract for default if the
<br />Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by
<br />the City.
<br />6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the
<br />City of South Bend through its agencies, boards, or commissions shall not discriminate against any
<br />employee or applicant for employment in the performance of a City contract with respect to hire, tenure,
<br />terms, conditions, or privileges of employment, or any matter directly or indirectly related to
<br />employment because of race, sex, religion, color, national origin, ancestry, age, gender expression,
<br />gender identity, sexual orientation or disability that does not affect that person's ability to perform the
<br />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,
<br />boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those
<br />Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business
<br />Enterprise ("WBE") as a factor in determining the 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 WBE/MBE. A
<br />finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that
<br />person or entity from being awarded a City contract for a period of one (1) year from the date of such
<br />determination, and such determination may also be grounds for terminating the contact for which the
<br />discriminatory practice or noncompliance pertains.
<br />7. The undersigned contractor agrees that the following nondiscrimination commitment shall be
<br />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 employment in
<br />the performance of this contract with privileges of employment, or any matter directly or indirectly
<br />related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual
<br />orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material
<br />breach of contract.
<br />I, 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). 1
<br />hereby certify that I and all subcontractors employed by me for this project will use steel products or
<br />foundry products made in the United States on this project if awarded. I understand I have an
<br />affirmative duty to notify the City in my bid that my proposal does not include the use of steel products
<br />or foundry products made in the United States. I understand it is my sole obligation and responsibility to
<br />provide a justification to the City, subject to review and approval, why the cost of United States made
<br />steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not
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