02-13-12 Council Agenda & Packet

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Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of cemployment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does riot 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 as 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 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 contact for which the discriminatory practice or noncompliance pertains. VIII. Limitations of Liabilit, for Protect Activity South Bend, Mishawaka and County acknowledges that none shall be liable to any party for completion of or the failure to complete any activities which are an obligation of WNIT to perform under this Agreement related to the .Project, and each party agrees to indemnify, defend, and hold harmless the other parties to this Agreement and their respective agents, officers, and employees from all claims and suits of any nature whatsoever arising from WNIT's performance of duties assigned under this Agreement, from all judgments, and or expenses in hereto. IX Corl3orate Authority The persons signing on behalf of the respective Parties represent that he/she has been duly authorized to execute this Agreement, and has obtained all necessary and applicable approvals to make this Agreement fully binding.