5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify
<br />that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee
<br />or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the
<br />subcontractor has 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 understands that the City
<br />may terminate the contract for default if the Contractor fails to cure a. breach of this provision no later than thirty
<br />(30) days after being notified by the City.
<br />6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of
<br />South Bend through its agencies, boards, or commissions shall not discriminate against any employee or
<br />applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions,
<br />or privileges of employment, or any matter directly or indirectly related to employment because of race, sex,
<br />religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability
<br />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, or any
<br />combination of the foregoing including, but not limited to, public works contracts awarded under public bidding
<br />laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or
<br />commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors
<br />certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE")
<br />as a factor in determining the lowest, responsible, responsive bidder.
<br />In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to
<br />an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a
<br />discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from
<br />being awarded a City contract for a period of one (1) year from the date of such determination, and such
<br />determination may also be grounds for terminating the contact for which the discriminatory practice or
<br />noncompliance pertains.
<br />7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a
<br />part of any contract which itmay 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 the
<br />performance of this contract with privileges of employment, or any matter directly or indirectly related to
<br />employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation,
<br />handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract.
<br />I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations
<br />to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that
<br />1 and all subcontractors employed by me for this project will use steel products or foundry products on this
<br />project if awarded. 1 understand that violations hereunder may result in forfeiture of contractual payments.
<br />23
<br />
|