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and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor <br /> agrees to maintain this certification throughout the term of the contract with the City of South Bend, and <br /> understands that the City may terminate the contract for default if the Contractor fails to cure a breach of <br /> this provision no later than thirty (30) days after being notified by the City. <br /> 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, <br /> conditions, or privileges of employment, or any matter directly or indirectly related to employment <br /> because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that <br /> 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 <br /> bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, <br /> or commissions may consider the Contractor's good faith efforts to obtain participation by those <br /> Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business <br /> Enterprise ("WBE") 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 <br /> subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A <br /> finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person <br /> or entity from being awarded a City contract for a period of one (1)year from the date of such <br /> determination, and such determination may also be grounds for terminating the contact for which the <br /> discriminatory practice or noncompliance pertains. <br /> The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part <br /> 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 /> Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in <br /> the performance of this contract with privileges of employment, or any matter directly or indirectly <br /> related to employment, because of race, religion, color, sex handicap, national origin or ancestry. Breach <br /> 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 <br /> obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I <br /> hereby certify that I and all subcontractors employed by me for this project will use steel products or <br /> foundry products on this project if awarded. I understand that violations hereunder may result in <br /> forfeiture of contractual payments. <br /> 22 <br />