Agreement - St Joseph County Bridges Out of Poverty - Employer Resource Network

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submit a written notice to the City stating the name of the employer and the amount of the Employer Payment that the Organization desires for the City to match. After receiving the Organization's written notice, the City will pay to the Organization an amount equal to the Employer Payment described in the Organization's written notice (the "Contract Installment"), provided, however, that the City will not be required to pay any Contract Installment if the City is not satisfied with the Organization's performance under this Agreement or any default or breach of this Agreement by the Organization exists, as the City may determine in its sole discretion. The sum of all Contract Installments will not exceed the Contract Amount. The City will not pay a Contract Installment for any Employer Payment received by the Organization after September 30, 2017. 3. Section 4 of the Agreement is modified to read in its entirety as follows: To the extent not set forth in Exhibit A, the Organization shall be solely responsible for the design and implementation of the Program, unless specifically directed otherwise by the Director of Neighborhood Engagement (the "Contract Administrator"). The Program and this Agreement must be performed and administered in accordance with all applicable federal, state and local laws. During the Program Term, the Organization will submit quarterly reports on or near the dates of January 2, April 1, July 1, and November 1 of each year in which this Agreement is in effect, setting forth detailed records showing the ERN specialist's time spent and services performed at the site of each employer after the employer has made an Employer Payment and begun participating in the Program. 4. Section 12 of the Agreement is modified to read in its entirety as follows: Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Organization, as the case may be, at the address set forth below. Organization: LeRoy King Executive Director St. Joseph County Bridges Out of Poverty P.O. Box 1078 South Bend, IN 46624 City: Pamela C. Meyer, Director Neighborhood Engagement City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400S South Bend, IN 46601-1830 5. Unless expressly modified by this First Amendment, all terms and conditions set forth in the Agreement shall remain in full force and effect. 6. Each undersigned person represents and warrants that he or she is duly authorized and empowered to execute this First Amendment on behalf of his or her respective party and to bind his or her party to its terms. This First Amendment may be executed in separate counterparts, all of which taken together will constitute one original instrument. [Signature page follows.] 2