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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 /> an unauthorized alien. <br /> The Contractor is not required to participate in the E-Verify program should the E-Verify <br /> program cease to exist. Additionally, the Contractor is not required to participate if the <br /> Contractor is self-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 /> The City may terminate for default if the Contractor fails to cure a breach of this provision no <br /> later than thirty (30) days after being notified by the City. <br /> Section 11. Minority and Womens Enterprise Diversity Development. <br /> Persons, 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 <br /> any employee or applicant for employment in the performance of a City contract with respect to <br /> hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly <br /> related to employment because of race, sex, religion, color, national origin, ancestry, age, or <br /> disability that 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, <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 /> 1 <br /> Notwithstanding the foregoing, the award and performance of all City contracts shall comply <br /> with applicable federal, state, and local laws. <br />