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Governing Law. The Letter shall be governed by and construed under the laws of the State of
<br />Indiana, and venue for any litigation arising from this agreement shall be in the courts of St.
<br />Joseph County, Indiana.
<br />Non -Collusion and Acceptance.
<br />SIMPLYNEW attests, that it has not, directly or indirectly, to the best of the undersigned's
<br />knowledge, entered into or offered to enter into any combination, collusion, or agreement to
<br />receive or pay, and that the undersigned has not received or paid, any sum of money or other
<br />consideration in exchange for the execution of this Agreement other than that which appears upon
<br />the fact of this Agreement.
<br />E-Veri .
<br />SIMPLYNEW affirms that it does not knowingly employ an unauthorized individual. SIMPLYNEW
<br />shall verify the work eligibility status of all its newly hired employees, if any, through the E-Verify
<br />program as defined in IC 22-5-1.7-3. SIMPLYNEW shall not knowingly employ or contract with
<br />an unauthorized individual. SIMPLYNEW shall not retain an employee or contract with a person
<br />that SIMPLYNEW subsequently learns is an unauthorized individual. SIMPLYNEW is not required
<br />to participate in the E-Verify program should the E-Verify program cease to exist. The City may
<br />terminate this Agreement 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/Client in writing.
<br />Minorit and Women's Enterprise Dlv�qrq�gy Develo ment.
<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 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
<br />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, 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, 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 WBE/MBE.
<br />A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that
<br />person or entity from being awarded a City contract for a period of one (1) year from the date of
<br />such determination, and such determination may also be grounds for terminating the contact for
<br />which the discriminatory practice or noncompliance pertains.
<br />Notwithstanding the foregoing, the award and performance of all City contracts shall comply with
<br />applicable federal, state, and local laws.
<br />Non -Discrimination.
<br />The City of South Bend is committed to ensuring equality of opportunity and does not exclude,
<br />deny the benefit of, or otherwise subject any person to discrimination in any City program, service
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