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Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or <br /> 1 offered to enter into any combination, collusion or agreement to receive or pay, and that he/she <br /> has not received or paid, any sum of money or other consideration for the execution of this <br /> Agreement other than that which appears upon the fact of this Agreement. <br /> Section 10. E-Verify. <br /> The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an <br /> unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all <br /> his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The <br /> Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor <br /> shall not retain an employee or contract with a person that the Contractor subsequently learns is <br /> a an unauthorized alien. <br /> The Contractor is not required to participate in the E-Verify program should the E-Verify program <br /> cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self- <br /> 1 employed and does not employ any employees. <br /> The Contractor shall require his/her/its subcontractors, who perform work under this contract, to <br /> certify to the Contractor that the subcontractor does not knowingly employ or contract with an <br /> unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify <br /> program. The Contractor agrees to maintain this certification throughout the duration of the term <br /> of a contract with a subcontractor. <br /> ,i <br /> The City or the Organization may terminate 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 or the Organization. <br /> h <br /> Section 11. Minority and Women's Enterprise Diversity Development. <br /> Persons,partnerships, corporations, associations, or joint venturers awarded a contract by the City <br /> of South Bend through its agencies, boards, or commissions shall not discriminate against any <br /> employee or applicant for employment in the performance of a City contract with respect to hire, <br /> tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related <br /> to employment because of race, sex,religion,color,national origin,ancestry,age,or disability that <br /> 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 <br /> any combination of the foregoing including, but not limited to, public works contracts awarded <br /> under public bidding laws or other contracts in which public bids are not required by law,the City, <br /> its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain <br /> participation by those Contractors certified by the State of Indiana as a Minority Business("MBE") <br /> k or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, <br /> 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 /> 1 <br />