First Amendment to Agreement - No Cost Additions and Modifications to Language of Pilot Housing Subsidy Program – Cross Community, Inc.

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FIRST AMENDMENT TO AGREEMENT FOR PROGRAMS AND SERVICES This First Amendment to Agreement for Programs and Services (this "First Amendment") is made effective on July 28 , 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 Cross Community, Inc. (the "Organization") (each a "Party" and collectively the "Parties"). " RECITALS A. The Parties entered into an Agreement for Programs and Services dated December 20, 2018 (the "Agreement") for the provision of a Program to improve the appeal and vibrancy of the City's neighborhoods (as more specifically defined in the Agreement). B. The Parties wish to amend the Agreement as set forth herein to clarify the manner in which the funds will be spent. 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. Section 3 of the Agreement entitled, "Compensation for Program" shall be amended to include the following at the end of the paragraph: Any profits from the sale by the Organization of a residential structure built as a part of the Program shall be reinvested in a future residential structure in an area to be determined by the mutual agreement of the Parties. Further, the Organization agrees that no portion of the funds shall be used to compensate any officer of the Organization, except for the reimbursement of personal funds used in furtherance of the Program. 2. In Section 13 of the Agreement entitled "Notices," the phrase "Michael Patton" shall be deleted and replaced with the phrase "President," and the phrases "Pamela C. Meyer, Director Division of Neighborhood Development" shall be deleted and replaced with "Director, Neighborhood Development". 3. Section 14 of the Agreement entitled "Equal Opportunity; Non -Discrimination; Compliance" shall be amended to include the following after the first sentence thereof: 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 1