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12-12-13
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1/13/2014 12:21:20 PM
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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 may consider the Contractor's good faith <br />efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority <br />Business ( "MBE ") or as a Women's Business Enterprise ( "WBE ") as a factor in determining the <br />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 <br />WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board <br />shall ,prohibit that person or entity 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 <br />terminating the contact for which the discriminatory practice or noncompliance pertains. <br />Notwithstanding the foregoing, the award and performance of all City contracts shall comply <br />with applicable federal, state, and local laws. <br />Section 12. Signing Authority. <br />The person signing on behalf of the Contractor represents that he /she has been duly authorized to <br />execute this Agreement on behalf of the Contractor, and has obtained all necessary and <br />applicable approvals to make this Agreement fully binding upon the Contractor after acceptance <br />by the City and the Organization. <br />Section 13. Drug -Free Workplace. <br />The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free <br />workplace. The Contractor will give written notice to the City and the Organization within ten <br />(10) days after receiving actual notice that the Contractor or an employee of the Contractor <br />within the State of Indiana has been convicted of a criminal drug violation occurring in the <br />workplace. <br />Section 14. Governing Law; Compliance with Laws. <br />This Agreement shall be construed and interpreted according to the laws of the State of Indiana. <br />The Contractor agrees to comply with all applicable federal, state and local laws, rules, <br />regulations and ordinances, and all provisions required thereby are hereby incorporated herein by <br />reference. The Contractor shall comply with federal, state and local law in its hiring and <br />employment practices and policies for any activity covered by this Agreement. Further, the City <br />or the Organization shall not be required to pay for Services that are inconsistent with or in <br />violation of this Agreement nor for any Services performed in violation of federal, state or local <br />statute, ordinance, rule or regulation. <br />
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