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The City may terminate this Agreement if Contractor fails to cure a breach of this provision
<br />no 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 ventures awarded a contract by the City of South
<br />Bend through its agencies, boards, or commissions shall not discriminate against any employee or
<br />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
<br />because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect
<br />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 awarded
<br />under public bidding laws or other contracts in which public bids are not required by law, the City,
<br />its agencies, boards, or commissions may consider Contractor's good faith efforts to obtain
<br />participation by those Contractors certified by the State of Indiana as a Minority Business
<br />Enterprise ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the
<br />lowest, responsible, responsive bidder.
<br />In no event shall persons or entities seeking the award of a City contract be required to
<br />award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against
<br />said 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) year
<br />from the date of such determination, and such determination may also be grounds for terminating
<br />the contact for which the discriminatory practice or noncompliance pertains.
<br />Notwithstanding the foregoing, the award and performance of all City contracts shall comply
<br />with applicable federal, state, and local laws.
<br />Section 14. Non -Discrimination. The City of South Bend is committed to ensuring equality of
<br />opportunity and does not exclude, deny the benefit of, or otherwise subject any person to
<br />discrimination in any City program, service or activity on the basis of race, color, national origin,
<br />sex, age, or disability. Contractor agrees to comply with and to act consistently with this policy in
<br />the performance of Contractor's duties.
<br />IN WITNESS WHEREOF, the parties hereto, through their duly authorized
<br />representatives, have caused this Agreement to be executed as of the date first written above. The
<br />parties have read and understand the foregoing terms of this Agreement and do, by their respective
<br />signatures hereby agree to its terms.
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