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4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any
<br />employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.
<br />Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's
<br />newly hired employees through the E -Verify Program as defined by I.C. 22-5-1.7-3. Contractor's
<br />documentation of enrollment and participation in the E -Verify Program is included and attached as part of
<br />this bid/quote; and
<br />5. Contractor shall require his/her/its subcontractors perfonning work under this public contract to
<br />certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain
<br />any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien,
<br />and that the subcontractor has enrolled in and is participating in the E -Verify Program. The Contractor agrees
<br />to maintain this certification throughout the tern of the contract with the City of South Bend, and understands
<br />that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision
<br />no later than thirty (30) days after being notified 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 employee or
<br />applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions,
<br />or privileges of employment, or any matter directly or indirectly related to employment because of race, sex,
<br />religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation 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 any
<br />combination of the foregoing including, but not limited to, public works contracts awarded under public
<br />bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards,
<br />or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors
<br />certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise
<br />("WBE") as a factor in determining the lowest, responsible, responsive bidder.
<br />In no event shall persons or entities seeking the award of a City contract be required to award a subcontract
<br />to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a
<br />discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from
<br />being awarded a City contract for a period of one (1) year from the date of such determination, and such
<br />detennination 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 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 of its
<br />agencies, boards or commissions.
<br />Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the
<br />performance of this contract with privileges of employment, or any matter directly or indirectly related to
<br />employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation,
<br />handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of
<br />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. 5-16-8-1). I hereby
<br />certify that I and all subcontractors employed by me for this project will use steel products or foundry
<br />products made in the United States on this project if awarded. I understand I have an affirmative duty to
<br />notify the City in my bid that my proposal does not include the use of steel products or foundry products
<br />made in the United States. I understand it is my sole obligation and responsibility to provide a justification
<br />to the City, subject to review and approval, why the cost of United States made steel or foundry products is
<br />unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry
<br />products made in the United States, the City, through its director of public works, shall make a determination
<br />if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder
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