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status of all of Contractor's newly hired employees through the E-Verify Program as defined by
<br />I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
<br />Program is included and attached as part of this bid/quote; and
<br />5. Contractor shall require his/her/its subcontractors performing work under this public
<br />contract to certify that the subcontractors do not knowingly employ or contract with an
<br />unauthorized alien, nor retain any employee or contract with a person that the subcontractor
<br />subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
<br />participating in the E-Verify Program, The Contractor agrees to maintain this certification
<br />throughout the term of the contract with the City of South Bend, and understands that the City
<br />may terminate the contract 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 />6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract
<br />by the City of South Bend through its agencies, boards, or commissions shall not discriminate
<br />against any employee or applicant for employment in the performance of a City contract with
<br />respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or
<br />indirectly related to employment because of race, sex, religion, color, national origin, ancestry,
<br />age, gender expression, gender identity, sexual orientation or disability that does not affect that
<br />persons 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 />or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest,
<br />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 MBEIWBE; however, it may not unlawfully discriminate against said
<br />WBEIMBE. A finding of a discriminatory practice by the City's MBENVBE Utilization Board shall
<br />prohibit that person or entity from being awarded a City contract for a period of one (1) year from
<br />the date of such determination, and such determination may also be grounds for terminating the
<br />contact for which the discriminatory practice or noncompliance pertains.
<br />7. The undersigned contractor agrees that the following nondiscrimination commitment shall
<br />be made a part of any contract which it may henceforth enter into with the City of South Bend,
<br />Indiana or any of its agencies, boards or commissions.
<br />Contractor agrees not to discriminate against or intimidate any employee or applicant for
<br />employment in the performance of this contract with privileges of employment, or any matter
<br />directly or indirectly related to employment, because of race, religion, color, sex, gender
<br />expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
<br />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
<br />statutory obligations to the use of steel products or foundry products made in the United States
<br />(I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will
<br />use steel products or foundry products made in the United States on this project if awarded.
<br />understand I have an affirmative duty to notify the City in my bid that my proposal does not
<br />include the use of steel products or foundry products made in the United States. I understand it is
<br />my sole obligation and responsibility to provide a justification to the City, subject to review and
<br />approval, why the cost of United States made steel or foundry products is unreasonable. Prior to
<br />award and upon submission of bid which does not use steel products or foundry products made
<br />in the United States, the City, through its director of public works, shall make a determination if
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