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<br />4 <br /> <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 /> <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 /> <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 /> <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 /> <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 <br />City, through its director of public works, shall make a determination if the price of <br />United States made steel or foundry is unreasonable. I understand that violations <br />hereunder may result in forfeiture of contractual payments. <br />*** <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />