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continuation of the performance shall be final and conclusive.
<br />Section 10. Termination. This Agreement may be terminated, in whole or in part, by
<br />the City whenever, for any reason, the City determines that such termination is in the best
<br />interest of the City. Termination shall be effected by delivery to the Contractor of written notice
<br />at least thirty (30) days prior to termination effective date, specifying the extent to which
<br />performance of services must cease. The Contractor shall be compensated for satisfactory
<br />performance prior to the notice date of termination but in no case shall total payment made to
<br />Contractor exceed the original consideration set forth in the Agreement.
<br />Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the
<br />penalties for perjury, that he/she is the Contractor, that he/she has not, directly or indirectly, to
<br />the best of the undersigned's knowledge, entered into or offered to enter into any combination,
<br />collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of
<br />money or other consideration for the execution of this Agreement other than that which appears
<br />upon the fact of this Agreement.
<br />Section 12. E-Verify. The Contractor affirms under the penalties of perjury that
<br />he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and
<br />verify the work eligibility status of all his/her/its newly hired employees through the E-Verify
<br />program as defined in IC 22.5-1.7-3. The Contractor shall not knowingly employ or contract
<br />with an unauthorized alien. The Contractor shall not retain an employee or contract with a person
<br />that the Contractor subsequently learns is an unauthorized alien.
<br />The Contractor is not required to participate in the E-Verify program should the E-Verify
<br />program cease to exist. Additionally, the Contractor is not required to participate if the
<br />Contractor is self-employed and does not employ any employees.
<br />The City may terminate for default if the Contractor fails to cure a breach of this provision no
<br />later than thirty (30) days after being notified by the City.
<br />Section 13. Minority and Women's Enterprise Diversity Development. Persons,
<br />partnerships, corporations, associations, or joint venturers awarded a contract by the City of
<br />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,
<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 commissions 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.
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