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VIl. Minority and Womens Enterprise Diversity Development
<br />Persons, partnerships, corporations, associations, or joint ventures awarded a contract by
<br />the City of South Bend through its agencies, boards, or commissions shall not discriminate
<br />against any employee or applicant for employment in the performance of a City contract with
<br />respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or
<br />indirectly related to employment because of race, sex, religion, color, national origin, ancestry,
<br />age, or 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,
<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 not
<br />required by law, the City, its agencies, boards, or commissions may consider the Contractor's
<br />good faith efforts to obtain participation by those Contractors certified by the State of Indiana as
<br />a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in
<br />determining the lowest, responsible, responsive bidder.
<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 said
<br />WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
<br />shall prohibit that person or entity from being awarded a City contract for a period of one (1)
<br />year from the date of such determination, and such determination may also be grounds for
<br />terminating the contact for which the discriminatory practice or noncompliance pertains.
<br />VIII. Certification Regarding Investment With Iran
<br />In accordance with Indiana Code § 5-22-16.5-1 et seg., as amended from time -to -time,
<br />the parties certify that neither party has, nor has any successor to, nor an affiliate of either party
<br />engaged in investment activities in Iran. For purposes of this certification, "Iran" means the
<br />government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind.
<br />Code § 5-22-16.5-5. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a
<br />person is deemed to be engaged in investment activities in Iran if either:
<br />a. The person, 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; or
<br />b. The person, 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
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