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its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Park Board shall not knowingly employ or contract with an unauthorized alien. The Park Board shall not retain an employee or contract with a person that the Park Board subsequently learns to be an unauthorized alien. The Park Board is not required to participate in the E-Verify program should the E-Verify program cease to exist. The Park Board shall require any subcontractors who perform work under this Agreement, to certify to the Park Board that the subcontractor does not knowingly employ or contract with an y unauthorized alien and the subcontractor has enrolled and is participating in the E-Verify program. The Park Board agrees to maintain this certification throughout the duration of the term of any contract with any subcontractor. The Commission may terminate the Agreement for default if the Park Board fails to cure a breach of this provision no later than thirty (30) days after being notified by the Commission of such breach. Section 11. Minority and Women's Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire,tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work labor, services, supplies, equipment materials or any combination of the foregoing including, but not limited to public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Park Board's good faith efforts to j obtain participation by those contractors certified by the State of Indiana as a Minority Business Enterprise ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE;however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1)year from the date of such determination,and such determination may also be grounds for terminating the contact for which the discriminatory practice noncompliance pertains. Notwithstanding the forgoing,the award and performance of all City contracts shall comply with applicable federal, state, and local laws. s j