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Governing Law. The Letter shall be governed by and construed under the laws of the State of
<br />Indiana, and venue for any litigation arising from this agreement shall be in the courts of St. Joseph
<br />County, Indiana.
<br /> Non-Collusion and Acceptance.
<br />SIMPLYNEW attests, that it has not, directly or indirectly, to the best of the undersigned’s knowledge,
<br />entered into or offered to enter into any combination, collusion, or agreement to receive or pay, and
<br />that the undersigned has not received or paid, any sum of money or other consideration in exchange
<br />for the execution of this Agreement other than that which appears upon the fact of this Agreement.
<br />E-Verify.
<br />SIMPLYNEW affirms that it does not knowingly employ an unauthorized individual. SIMPLYNEW
<br />shall verify the work eligibility status of all its newly hired employees, if any, through the E-Verify
<br />program as defined in IC 22-5-1.7-3. SIMPLYNEW shall not knowingly employ or contract with an
<br />unauthorized individual. SIMPLYNEW shall not retain an employee or contract with a person that
<br />SIMPLYNEW subsequently learns is an unauthorized individual. SIMPLYNEW is not required to
<br />participate in the E-Verify program should the E-Verify program cease to exist. The City may
<br />terminate this Agreement 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/Client in writing.
<br /> Minority and Women’s Enterprise Diversity Development.
<br />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, or disability that
<br />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 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 (“MBE”) or
<br />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 WBE/MBE. A
<br />finding of a discriminatory practice by the City’s MBE/WBE Utilization Board shall prohibit that person
<br />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 the
<br />discriminatory practice or noncompliance pertains.
<br />Notwithstanding the foregoing, the award and performance of all City contracts shall comply with
<br />applicable federal, state, and local laws.
<br />Non-Discrimination.
<br />The City of South Bend is committed to ensuring equality of opportunity and does not exclude, deny
<br />the benefit of, or otherwise subject any person to discrimination in any City program, service or
<br />activity on the basis of race, color, national origin, sex, age or disability. SIMPLYNEW agrees to
<br />comply with and to act consistently with this policy in the performance of the SIMPLYNEW’s duties.
<br />Drug-Free Workplace.
<br />SIMPLYNEW hereby agrees to make a good faith effort to provide and maintain a drug-free
<br />workplace. It will give written notice to the Client within ten (10) days after receiving actual notice
<br />that SIMPLYNEW has been convicted of a criminal drug violation occurring in the workplace.
<br />Counterparts. This Letter may be executed in counterparts, or by facsimile or telecommunicated
<br />counterparts, each of which shall be deemed an original and both of which, when taken together,
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