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Version 09/29/2021 Seller’s Proposal for Public Works -5
<br />the E-Verify Program as defined by I.C. 22-5-1.7-3.Seller’s documentation of enrollment and participation
<br />in the E-Verify Program is included and attached as part of this Proposal/quote; and
<br />5.Seller shall require his/her/its sub-sellers performing work under this public contract to certify that
<br />the sub-sellers do not knowingly employ or contract with an unauthorized alien, nor retain any employee or
<br />contract with a person that the sub-seller subsequently learns is an unauthorized alien, and that the sub-seller
<br />has enrolled in and is participating in the E-Verify Program. The Seller agrees to maintain this certification
<br />throughout the term of the contract with the City of South Bend,and understands that the City may terminate
<br />the contract for default if the Seller fails to cure a breach of this provision no later than thirty (30) days after
<br />being notified by the City.
<br />6.Persons, firms, partnerships, corporations, associations, or joint venturers awarded a contract by the
<br />City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee
<br />or applicant for employment in the performance of a City contract with respect to hire, tenure, terms,
<br />conditions, or privileges of contract or employment, or any matter directly or indirectly related to contracting
<br />or employment because of race, sex, religion, color, national origin, ancestry,gender expression, gender
<br />identity, sexual orientation,or due to age or disability that does not affect that person's ability to perform the
<br />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
<br />Proposing laws or other contracts in which public Proposals are not required by law, the City, its agencies,
<br />boards, or commissions will consider the Seller’s good faith efforts to obtain participation by those sub-
<br />sellers certified by the 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 Proposer.
<br />Sellers seeking the award of a City contract cannot be required to award a subcontract to an MWBE; however,
<br />they may not unlawfully discriminate against said MBE/WBE.On goal-eligible contracts,Sellers are
<br />required to either meet both MBE and WBE utilization goals or demonstrate that the Seller has made good
<br />faith efforts to obtain participation from MBE and WBE sub-sellers.A finding of noncompliance or a
<br />discriminatory practice shall prohibit that Seller 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 terminating the
<br />contact to which the discriminatory practice or noncompliance pertains.
<br />7.The undersigned Seller agrees that the following nondiscrimination commitment shall be made a
<br />part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its
<br />agencies, boards or commissions.
<br />Seller 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
<br />contract.
<br />I, the undersigned Proposer or agent as Seller 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). I hereby certify
<br />that I and all sub-sellers employed by me for this project will use steel products or foundry products made in
<br />the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my
<br />Proposal that my 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 the City,subject
<br />to review and approval,why the cost of United States made steel or foundry products is unreasonable.Prior
<br />to award and upon submission of Proposal which does not use steel products or foundry products made in
<br />the United States, the City, through its director of public works, shall make a determination if the price of
<br />United States made steel or foundry is unreasonable. I understand that violations hereunder may result in
<br />forfeiture of contractual payments.
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