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<br />b. As provided by Ind. Code § 5-22-16.5-8, as amended from time-to-time, a Contractor
<br />is engaged in investment activities in Iran if either:
<br />
<br />i. Contractor, its successor or its affiliate, provides goods or services of twenty
<br />million dollars ($20,000,000) or more in value in the energy sector of Iran;
<br />or
<br />
<br />ii. Contractor, its successor or its affiliate, is a financial institution that extends
<br />twenty million dollars ($20,000,000) or more in credit to another person for
<br />forty-five (45) days or more, if that person will (i) use the credit to provides
<br />goods and services in the energy sector in Iran; and (ii) at the time the
<br />financial institution extends credit, is a person identified on list published by
<br />the Indiana Department of Administration.
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<br />4. Contractor does not knowingly employ or contract with an unauthorized alien, nor
<br />retain any employee or contract with a person that the Contractor subsequently learns is an
<br />unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work
<br />eligibility status of all of Contractor’s newly hired employees through the E-Verify
<br />Program as defined by I.C. 22-5-1.7-3. Contractor’s documentation of enrollment and
<br />participation in the E-Verify Program is included and attached as part of this bid/quote;
<br />and
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<br />5. Contractor shall require his/her/its subcontractors performing work under this
<br />public contract to certify that the subcontractors do not knowingly employ or contract with
<br />an unauthorized alien, nor retain any employee or contract with a person that the
<br />subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has
<br />enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain
<br />this certification throughout the term of the contract with the City of South Bend, and
<br />understands that the City may terminate the contract for default if the Contractor fails to
<br />cure a breach of this provision no later than thirty (30) days after being notified by the
<br />City.
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<br />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 orientation
<br />or disability that does not affect that person's ability to perform the work.
<br />
<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 the
<br />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 />
<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 against
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