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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 or <br />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 />7.The undersigned contractor agrees that the following nondiscrimination commitment shall be made a <br />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 <br />the performance of this contract with privileges of employment, or any matter directly or indirectly <br />related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual <br />orientation, handicap, national origin or ancestry. Breach of this provision may be reg arded as material <br />breach of 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). <br />I hereby certify that I and all subcontractors employed by me for this project will use steel products <br />or foundry products made in the United States on this project if awarded. I understand I have an <br />affirmative duty to notify the City in my bid that my proposal does not include the use of steel <br />products or foundry products made in the United States. I understand it is my sole obligation and <br />responsibility to provide a justification to the City, sub approval, why the cost of United States made <br />steel or foundry products is unreasonable. Prior to award and upon submission of bid which does <br />not use steel products or foundry products made in the United States, the City, through its director <br />of public works, shall make a determination if the price of United States made steel or foundry is <br />unreasonable. I understand that violations hereunder may result in forfeiture of contractual <br />payments. <br />*** <br />I hereby affirm under the penalties of perjury that the facts and information contained in the <br />foregoing bid for public works are true and correct. <br />Dated this _________day of____________, 20__ <br />____________________________________________________ <br />Contractor/Bidder (Firm) <br />____________________________________________________ <br />Signature of Contractor/Bidder or Its Agent