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11 <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 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 <br />as a Minority Business (“MBE”) or as a Women’s Business Enterprise (“WBE”) as a factor <br />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 award <br />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 <br />Board shall prohibit that person or entity from being awarded a City contract for a period of <br />one (1) year from the date of such determination, and such determination may also be <br />grounds for terminating the contact for which the discriminatory practice or noncompliance <br />pertains. <br /> <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 /> <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 <br />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 this <br />project will use steel products or foundry products made in the United States on this project <br />if awarded. I understand I have an affirmative duty to notify the City in my bid that my <br />proposal does not include the use of steel products or foundry products made in the United <br />States. I understand it is my sole obligation and responsibility to provide a justification to <br />the City, subject to review and approval, why the cost of United States made steel or foundry <br />products is unreasonable. Prior to award and upon submission of bid which does not use <br />steel products or foundry products made in the United States, the City, through its director <br />of public works, shall make a determination if the price of United States made steel or <br />foundry is unreasonable. I understand that violations hereunder may result in forfeiture of <br />contractual payments. <br />***