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6. Persons, partnerships, corporations, associations, or joint venturers awarded a
<br />contract by the City of South Bend through its agencies, boards, or commissions shall not
<br />discriminate against any employee or applicant for employment in the performance of a
<br />City contract with respect to hire, tenure, terms, conditions, or privileges of employment,
<br />or any matter directly or indirectly related to employment because of race, sex, religion,
<br />color, national origin, ancestry, age, gender expression, gender identity, sexual
<br />orientation or 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,
<br />materials, or any combination of the foregoing including, but not limited to, public works
<br />contracts awarded under public bidding laws or other contracts in which public bids are
<br />not required by law, the City, its agencies, boards, or commissions may consider the
<br />Contractor's good faith efforts to obtain participation by those Contractors certified by
<br />the State of Indiana as a Minority Business ("MBE") or as a Women's Business
<br />Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive
<br />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
<br />against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE
<br />Utilization Board shall prohibit that person or entity from being awarded a City contract
<br />for a period of one (1) year from the date of such determination, and such determination
<br />may also be grounds for terminating the contact for which the discriminatory practice or
<br />noncompliance pertains.
<br />7. The undersigned contractor agrees that the following nondiscrimination
<br />commitment shall be made a part of any contract which it may henceforth enter into with
<br />the City of South Bend, Indiana or any 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
<br />matter directly or indirectly related to employment, because of race, religion, color, sex,
<br />gender expression, gender identity, sexual orientation, handicap, national origin or
<br />ancestry. Breach of this provision may be regarded as material breach of contract.
<br />I, the undersigned bidder or agent as contractor on a public works project, understand my
<br />statutory obligations to the use of steel products or foundry products made in the United
<br />States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for
<br />this project will use steel products or foundry products made in the United States on this
<br />project if awarded. I understand I have an affirmative duty to notify the City in my bid
<br />that my proposal does not include the use of steel products or foundry products made in
<br />the United States. I understand it is my sole obligation and responsibility to provide a
<br />justification to the City, subject to review and approval, why the cost of United States
<br />made steel or foundry products is unreasonable. Prior to award and upon submission of
<br />bid which does not use steel products or foundry products made in the United States, the
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