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Home My WebLink AboutAgreement - St Joseph County Bridges Out of Poverty - Employer Resource NetworkFIRST AMENDMENT TO AGREEMENT FOR PROGRAMS AND SERVICES THIS FIRST AMENDMENT TO AGREEMENT FOR PROGRAMS AND SERVICES (this "First Amendment") is made and entered into as of December 13, 2016, by and between the CITY OF SOUTH BEND, INDIANA, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (the "City") and ST. JOSEPH COUNTY BRIDGES OUT OF POVERTY, INC. (the "Organization"). RECITALS WHEREAS, the City and the Organization have entered into an agreement entitled "Agreement For Programs And Services" dated the 13ih day of October, 2015 (the "Agreement"), providing for the Michiana Bridges program, an Employer Resource Network ("ERN") (the "Program"); and WHEREAS, the City and the Organization desire to amend the Agreement in accordance with the terms of this First Amendment in order to permit additional employers' participation in the Program; and WHEREAS, the City believes that the actions contemplated by this First Amendment are in the best interests of the health, safety and welfare of the City and its residents and that those actions comply with the public purposes and applicable provisions of state and local law. NOW, THEREFORE, the parties mutually agree as follows: Section 1 of the Agreement is modified to read in its entirety as follows: The Organization shall provide the programs and services set forth at Exhibit A to employers and their employees located in the City for the period commencing October 13, 2015 and ending October 31, 2017 (the "Program Term"). In accordance with the terms and conditions of this Agreement, the City will expend an amount not to exceed Thirty Two Thousand Dollars ($32,000.00) (the "Contract Amount") for the Organization's services during the Program term. 2. Section 3 of the Agreement is modified to read in its entirety as follows: The City will pay the Contract Amount in accordance with this Section 3. The Organization will use each installment of the Contract Amount for the sole and limited purpose of defraying the costs of employing one (1) full-time ERN specialist responsible for providing the Program to employers and their employees in the City. The City will not pay any portion of the Contract Amount to the Organization unless the Organization first obtains a payment from an employer in the City that desires to participate in the Program, the amount of which payment will be in increments of Four Thousand Dollars ($4,000.00) (an "Employer Payment"). After receiving an Employer Payment, the Organization will 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 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment To Agreement For Programs And Services to be effective as of the Effective Date stated above. CITY OF SOUTH BEND, INDIANA, by and through its Board of Public Works Gary A. Gilot, President Suzanna l . Fritzbey , M Y er l�il� O Elizabeth A. Maradik, Member Z — t Therese J. Doran, Merh&r 4 1- jaml A. Mueller, Member Attest: �- a Martin, Clerk 1500.0000017 48732949.002 ST. JOSEPH COUNTY BRIDGES OUT OF POVERTY, INC. f" Signature -7 V 4, ea;, 0. K 1Nn PrintedName and Titl EXeeu�-q Drr2c. < Date I When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS STATE OF (Must be completed for all quotes and bids. Please type or print) ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjurythat: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: I. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractors newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sale obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this (0 day of / % , 20_L(O Contractor Bidder (Firm) LORYL.TIMMER St. Joseph County ignature Contractor/Bi der or Its Agent My Commission Expires "•-3;i;�+."•'•' September 23,2017 'e4 JrCeGlGT/(.c2�1/ C�a� Printe Name a d itle Subscribed and sworn to before me this day of , 20L�p My Commission Expires tkt 27 A(-7 Not r�ublic "Yr L . T'rvtt nor County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM November 30, 2016 Department Community Investment BPW Date December 13, 2016 Phone Extension 5845 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt, Ben Dougherty Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® George King Check the Appropriate Item Type — Required for All Submissions ® Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control M Other: I Kequired intormation Company or Vendor Name St. Joseph County Bridges Out of Poverty Inc. New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Yes N No ❑ If Yes, Approved by Purchasing MBE ❑ WBE mployer Resource Network "ERN" 404.1001.460.31.06 $ 32,000 originally - Current PO Balance of $20,000 October 13, 2015 - October 31, 2017 Addendum for Extension of Term until October 31, 2017 ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) _ Required For Change Orders Only I Increase Decrease Previous Amount Current Percent of Change New Amount Total Percent of Change: Copy Original ❑ ❑ Uispersal After Approval Pam Meyer, DCl/UEA Ben Dougherty, Legal