|
Section 12. E-Verify. The Contractor affirms under the penalties of perjury that
<br />he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and
<br />verify the work eligibility status of all his/her/its newly hired employees through the E-Verify
<br />program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract
<br />with an unauthorized alien. The Contractor shall not retain an employee or contract with a person
<br />that the Contractor subsequently learns is an unauthorized alien.
<br />The Contractor is not required to participate in the E-Verify program should the E-Verify
<br />program cease to exist. Additionally, the Contractor is not required to participate if the
<br />Contractor is self-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
<br />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 venturers awarded a contract by the City of
<br />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
<br />related to employment because of race, sex, religion, color, national origin, ancestry, age, or
<br />disability that does not affect 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
<br />City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to
<br />obtain participation by those Contractors certified by the State of Indiana as a Minority Business
<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
<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)
<br />year from the date of such determination, and such determination may also be grounds for
<br />terminating 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
<br />equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any
<br />person to discrimination in any City program, service or activity on the basis of race, color,
<br />national origin, sex, age or disability. Contractor agrees to comply with and to act consistently
<br />with this policy in the performance of Contractor's duties.
<br />Section 15. Drug -Free Workplace. The Contractor hereby agrees to make a good
<br />faith effort to provide and maintain a drug -free workplace. The Contractor will give written
<br />notice to the City within ten (10) days after receiving actual notice that the Contractor has been
<br />convicted of a criminal drug violation occurring in the workplace.
<br />IN WITNESS WHEREOF, the Parties hereto, through their duly authorized
<br />representatives, have caused this Agreement to be executed as of the day and year first written
<br />above. The parties have read and understand the foregoing terms of this Agreement and do, by
<br />their respective signatures hereby agree to its terms.
<br />
|