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federal, state or local statute, ordinance, rule or regulation
<br />Section 13. Non -Collusion and Acceptance. The undersigned attests, subject to the
<br />penalties for perjury, that he is the Contractor, that he has not, directly or indirectly, to the best of
<br />his knowledge, entered into or offered to enter into any combination, collusion or agreement to
<br />receive or pay, and that he has not received or paid, any sum of money or other consideration for
<br />the execution of this Agreement other than that which appears upon the fact of this Agreement.
<br />Section 14. E-Verify. The Contractor affirms under the penalties of perjury that he does
<br />not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work
<br />eligibility status of all his newly hired employees, if any, through the E-Verify program as defined
<br />in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized
<br />alien. The Contractor shall not retain an employee or contract with a person that the Contractor
<br />subsequently learns is an unauthorized alien.
<br />The Contractor is not required to participate in the E-Verify program should the E-Verify program
<br />cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-
<br />employed and does not employ any employees.
<br />The City may terminate for default if the Contractor fails to cure a breach of this provision no later
<br />than thirty (30) days after being notified by the City.
<br />Section 15. 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 Boards 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, or
<br />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 Boards may consider the Contractor's good faith efforts to obtain
<br />participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE")
<br />or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible,
<br />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) 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.
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