|
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
<br />retain any employee or contract with a person that the subcontractor subsequently learns is an
<br />unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify
<br />Program. The Contractor agrees to maintain this certification throughout the term of the contract
<br />with the City of South Bend, and understands that the City may terminate the contract for default if
<br />the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified
<br />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
<br />employee or applicant for employment in the performance of a City contract with respect to hire,
<br />tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
<br />employment because of race, sex, religion, color, national origin, ancestry, age, gender expression,
<br />gender identity, sexual orientation or disability that does not affect that person's ability to perform
<br />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 under
<br />public bidding laws or other contracts in which public bids are not required by law, the City, its
<br />agencies, boards, or commissions 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 Enterprise
<br />("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest,
<br />responsible, 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 WBE/MBE.
<br />A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that
<br />person or entity from being awarded a City contract for a period of one (1) year from the date of such
<br />determination, and such determination may also be grounds for terminating the contact for which
<br />the discriminatory practice or noncompliance pertains.
<br />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
<br />of its agencies, boards or commissions.
<br />Contractor agrees not to discriminate against or intimidate any employee or applicant for
<br />employment in the performance of this contract with privileges of employment, or any matter directly
<br />or indirectly related to employment, because of race, religion, color, sex, gender expression, gender
<br />identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be
<br />regarded as material breach of 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 or foundry products made in the United States (I.C. 5-16-8-
<br />1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products
<br />or foundry products on this project if awarded. I understand that violations hereunder may result in
<br />forfeiture of contractual payments
<br />I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public
<br />works are true and correct.
<br />Dated this 27th day of August 2019
<br />Walsh & Kelly,Inc.
<br />Version 9/1/2016 Page - 15 Public Works Quote
<br />
|