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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 retain any
<br />employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and
<br />that the subcontractor has enrolled in and is participating in the E-Verify Program, The Contractor agrees to
<br />maintain this certification throughout the term of the contract with the City of South Bend, and understands
<br />that the City may terminate the contract 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 />6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City
<br />of South Bend through its agencies, boards, or commissions shall not discriminate against any employee
<br />or applicant for employment in the performance of a City contract with respect to hire, tenure, terms,
<br />conditions, or privileges of employment, or any matter directly or indirectly related to employment because
<br />of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual
<br />orientation or 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, 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, boards,
<br />or commissions may considerthe Contractor's good faith effortsto obtain participation bythose Contractors
<br />certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE")
<br />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 subcontract
<br />to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a
<br />discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entityfrom being
<br />awarded a City contract for a period of one (1) year from the date of such determination, and such
<br />determination may also be grounds for terminating the contact for which the discriminatory practice or
<br />noncompliance pertains.
<br />7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made
<br />a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its
<br />agencies, boards or commissions.
<br />Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the
<br />performance of this contract with privileges of employment, or any matter directly or indirectly related to
<br />employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation,
<br />handicap, 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 statutory
<br />obligations to the use of steel products orfoundry products made in the United States (I.C. 5-16-8-1).1 hereby
<br />certify that I and all subcontractors employed by me for this project will use steel products or foundry
<br />products made in the United States on this project if awarded. I understand I have an affirmative duty to notify
<br />the City in my bid that my proposal does not include the use of steel products or foundry products made in
<br />the United States. I understand it is my sole obligation and responsibility to provide a justification to the City,
<br />subject to review and approval, why the cost of United States made steel or foundry products is
<br />unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry
<br />products made in the United States, the City, through its director of public works, shall make a determination
<br />if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder
<br />may result in forfeiture of contractual payments.
<br />HOWARD PARK REDEVELOPMENT 00 40 00-5
<br />Project No. 117-047-B CONTRACTOR'S BID FOR PUBLIC WORK
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