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unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility
<br />status of all of Contractor's newly hired employees through the E-Verify Program as defined by
<br />I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
<br />Program is included and attached as part of this bid/quote; and
<br />5. Contractor shall require his/her/its subcontractors performing work under this public
<br />contract to certify that the subcontractors do not knowingly employ or contract with an
<br />unauthorized alien, nor retain any employee or contract with a person that the subcontractor
<br />subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
<br />participating in the E-Verify Program. The Contractor agrees to maintain this certification
<br />throughout the term of the contract with the City of South Bend, and understands that the City
<br />may terminate the contract for default if the Contractor fails to cure a breach of this provision no
<br />later than thirty (30) days after being notified by the City.
<br />6. Persons, firms, 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 City
<br />contract with respect to hire, tenure, terms, conditions, or privileges of contract or employment,
<br />or any matter directly or indirectly related to contracting or employment because of race, sex,
<br />religion, color, national origin, ancestry, gender expression, gender identity, sexual orientation,
<br />or due to 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, materials,
<br />or any combination of the foregoing including, but not limited to, public works contracts
<br />awarded under public bidding laws or other contracts in which public bids are not required by
<br />law, the City, its agencies, boards, or commissions will consider the Contractor's good faith
<br />efforts to obtain participation by those subcontractors certified by the State of Indiana as a
<br />Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in
<br />determining the lowest, responsible, responsive bidder.
<br />Contractors seeking the award of a City contract cannot be required to award a subcontract to an
<br />MWBE; however, they may not unlawfully discriminate against said MBE/WBE. On goal-
<br />eligible contracts, Contractors are required to either meet both MBE and WBE utilization goals
<br />or demonstrate that the Contractor has made good faith efforts to obtain participation from MBE
<br />and WBE subcontractors. A finding of noncompliance or a discriminatory practice shall prohibit
<br />that Contractor from being awarded a City contract for a period of one (1) year from the date of
<br />such determination, and such determination may also be grounds for terminating the contact to
<br />which the discriminatory practice or noncompliance pertains.
<br />7. The undersigned Contractor agrees that the following nondiscrimination commitment
<br />shall be made a part of any contract which it may henceforth enter into with the City of South
<br />Bend, Indiana or any of its agencies, boards or commissions.
<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 matter
<br />directly or indirectly related to employment, because of race, religion, color, sex, gender
<br />expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
<br />this provision may be regarded as material breach of contract.
<br />Version 04/21/2023
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