12-12-11 Council Agenda & Packet

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employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or a a Women's Business enterprise ("WBE") as a factor in determining the lowest, responsible,responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contract for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. 9. The undersigned person(s) executing and delivering this amendment on behalf of SNM represent and certify that: a. He/she is the duly authorized agent, representative, member or officer of SNM and has been fully empowered to execute and deliver this Amendment and that all necessary corporate action has been taken and done; and b. To the best of his/her knowledge, he/she has not, nor has any other member, employee, representative, agent of office of SNM, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Amendment other than that which appears on the face hereof. IN WITNESS WHEREOF, the parties have executed this First Amendment of the Management Agreement at Article III, on the date indicated below, with this First Amendment effective as of January 1, 2011. SNM: STUDEBAKER NATIONAL MUSEUM, INC. By: Printed Name: