First Amendment to Agreement - Revise Language Related to Inclusive Procurement and Contracting for Pilot Housing New Construction Program – Urban Enterprise Association of South Bend, Inc.

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FIRST AMENDMENT TO AGREEMI N' - FOR PROGRAMS AND SERVICES This First Amendment to Agreement for Programs and Services (this "First Amendment") is made effective on February 25, 2020 (the "Effective Date"), by and between the City of South Bend, Indiana, an Indiana municipal corporation, acting by and through its Board of Public Works (the "City"), and Urban Enterprise Association of South Bend, Indiana, Inc. (the "Organization") (each a "Party" and collectively the "Parties"). RECITALS A. The Organization through staff of the City submitted an Agreement for Programs and Services dated December 19, 2019 (the "Agreement") for approval by the City, for the provision of a Program for the benefit of City residents (as more specifically defined in the Agreement). B. The City conditionally approved the Agreement pending authorization pursuant to the City's Inclusive Procurement and Contracting Ordinance No. 10693-19 from the City Attorney, acting in the place of the City's Department of Inclusion, Diversity, Equity and Access. C. The City Attorney conditionally approved the Agreement provided that the Parties enter into this First Amendment, which sets forth the compliance requirements for third parties contracting for services on behalf of the City. NOW, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. In Section 11 of the Agreement entitled "Notices," the phrase "Jitin Kain, Interim Director" shall be deleted and replaced with the phrase "Executive Director." 2. Section 12 of the Agreement entitled "Equal Opportunity" shall be deleted in its entirety and replaced with the following: 12. '' _...........1 0 .. _p. qx t ca►�ta acting. The .., tr�*a )�a��r•tzrrr�tv�_ I�tci"�,�.�aa�� P��err��.rrx�rr�' _._... Organization shall comply with applicable federal, state, and local laws in its hiring and employment practices and policies for any activity covered by this Agreement. Additionally, the Organization shall make a good faith effort to comply with the City's Inclusive Procurement and Contracting Ordinance No. 10693-19, particularly (a) in determining whether all or portions of the project work within the Program (the "Work") may be performed by Minority- or Women -Owned Business Enterprises ("MWBEs") as subcontractors under this Agreement, (b) in contracting, to the maximum extent possible, with MWBEs for the Work, and (c) in reporting to the City promptly upon the request of the Executive Director of the Department of Community Investment, or his or her designee, until the conclusion of the Agreement (i) regarding the Organization's good faith efforts in seeking out MWBEs for participation hereunder, (ii) identifying portions of the Work 1