conditions, or privileges of employment, or any matter directly or indirectly related to employment
<br />because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect
<br />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, responsible,
<br />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) year
<br />from the date of such determination, and such determination may also be grounds for terminating
<br />the contact for which the discriminatory practice or noncompliance pertains.
<br />Notwithstanding the foregoing, the award and performance of all City contracts shall comply with
<br />applicable federal, state, and local laws.
<br />Section 14. 11. Equal Opportunity; Non -Discrimination; Compliance. The
<br />Contractor shall comply with all applicable laws 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 faith
<br />effort to provide and maintain a drug -free workplace. The Contractor will give written notice to
<br />the City within ten (10) days after receiving actual notice that the Contractor or an employee of
<br />the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring
<br />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 claims
<br />of any nature which arise from the performance by the Contractor under this Agreement and from
<br />all costs and attorney fees in connection therewith, excepting for claims arising out of the
<br />negligence of the City, its officials, directors, employees, and agents. The obligations of the
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