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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 <br />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 <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) <br />year from the date of such determination, and such determination may also be grounds for <br />terminating the contact for which the discriminatory practice or noncompliance pertains. <br />6. The undersigned contractor agrees that the following nondiscrimination commitment <br />shall be made a part of any contract which it may henceforth enter into with the City of South <br />Bend, Indiana or any of its agencies, boards or commissions. <br />Contractor agrees not to discriminate against or intimidate any employee or applicant for <br />employment in the performance of this contract with privileges of employment, or any matter <br />directly or indirectly related to employment, because of race, religion, color, sex handicap, <br />national origin or ancestry. Breach of this provision may be regarded as material breach of <br />contract. <br />I, the undersigned bidder or agent as contractor on a public works project, understand my <br />statutory obligations to the use of steel products or foundry products made in the United States <br />(I.C. 5- 16 -8 -1). I hereby certify that I and all subcontractors employed by me for this project will <br />use steel products or foundry products on this project if awarded. I understand that violations <br />hereunder may result in forfeiture of contractual payments. <br />I hereby affirm under the penalties of perjury that the facts and information contained in the <br />foregoing bid for public works are true and correct. <br />Dated this day of , 20 <br />Contractor /Bidder (Firm) <br />Signature of Contractor /Bidder or Its Agent <br />Printed Name and Title <br />Subscribed and sworn to before me this day of , 20 <br />