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b. As provided by Ind. Code § 5-22-16.5-8, as aniended frona firTIC-tO-fiMe, a C011tMCIOT <br />is engaged in mve�mment aefivities in fran if 60'icr: <br />i. Comnai�,,t or, its succcssor or its a f1i I ial �.% p,rov t des good s, or services o F t wenty <br />mfflion dollars ($20,1000,000) or more In value in the energy sector of h-arl; <br />as r <br />i. Contractor, its successor m- ifls affihate, is a fin]racial inslitution thal ex�'ends <br />menty rnilhon dollars, ($20,000,01010) (MA1101T in credit to another person fin <br />fbily-hve (45) days or, more, if1hat plerson wiH (r) use the credit to providcs <br />goods and !services in the cncrgy sector in Tran; and (fi) at t he thne the <br />fil'umcial inMilutiorl extends credit, is a person identffied on list publisht.xi by <br />Ow Indiana Department ot"Adi-ninistranon, <br />4Contractor es no[ knowingly emIrAoy or contract with an unauthorized alien, nor <br />reUtin any employele or contract mrith,a person that the Contractor subsequently learns is an <br />unauthorized ahen, Contractor agrees that he/she/it sliall enroll in and verify, the 'work <br />eligibility status of all of' ("ontractor's, newly hire(] employees through the F"Nerify <br />Prcqvam as defined by LC. 22-5-1.7-3. Contractor's documentation of enrollinent and <br />pmlicipatir-)n in thle E�-VenifProgram is included arid attached as par-t of this bid/quote; <br />and <br />5. Contractor shall require his/her/it tibeontractor's perfornring work under this <br />public contract to certify that the subcontractor's do not knic.,mvingly employ or contract with <br />an unauthorized alien, nor retain any employce or contract with a plerson that the <br />subcontractor SUbsequiently icarns is an, Unauthorized alien, anid that the subcontractor has <br />enrolled in and is participating in the E-Venfy rlrogra,irn The Contractor agrees to imaintain <br />this certification throughl(m.it fhe, term of the contract with the City cal" out Bend, and <br />understands that the (lit y inay terminate tfie contract for default if'tbe Contractor fails to <br />cure as breach ofthis provision no hater th,m-i thirty (30) days after being notified by the <br />City. <br />& Persons, pwirierships, corporations, associations, or Joint venturers awarded at <br />(r, ity C� �, Sf,)Ul <br />contract by the " hi Bend flm-origh its agencies, bloards, or commissioms shall not <br />discriminate against any employe , or applicant fbrmployment in the per ofa <br />;it contract 'with respect to hire, tenure, terins, conditions, or privileges,, of ernployme-nt, <br />or any rnatter directly or indireictfy related to employment bcause ofrace, sex, religion, <br />color, national origin, ancestry, age, gender expression, gender identity, sexual orientation <br />or chsability that does not afR-,ct that person's ability to perfomi the work. <br />In awarding contracts f6r the purchww Of M(Ork, labor, ser-vices, ship lies, equipment, <br />materials, or 4any combination of the ftn going inclUding, but not lirnited to, public works <br />contracts awarded lurider pubhc bidding laws or other contracts in whicl-i public bids are <br />not rCqUired by law, the City, its agencies, boards, or carer miss ions rnay consider the <br />Contractor's good faith efforts to obtain participlation by those Contractors certifiled by the <br />State (af Indiana as as Minmity Business ("MBE") or as an Worrien's Business E'riterprise <br />("WBE" asail',ictc)i-iiideteriiijriiuilyti,it,,-Iovvprat, i-es,pi)i!isible,rcsporisivebidder. <br />In no event shall persons or entities seeking the award o,f as City contract be required to <br />award as sub(,,:ontract'tun an MBE/WB,E; however, itmaynot unlawfifflydiscriniinatre against <br />