HomeMy WebLinkAboutAmendment to Agreement - Bridges Out of Poverty Inc. - Extend Contract and Revise Definition of Participating EmployerSECOND AMENDMENT TO
AGREEMENT FOR PROGRAMS AND SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR PROGRAMS AND
SERVICES (this "Second Amendment") is made and entered into as ofNovembern 2017, 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 October 13, 2015, as amended by the First
Amendment to Agreement for Programs and Services dated December 13, 2016 (collectively, 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 terns of this Second Amendment in order to extend the term of the Agreement and to
permit additional employers' participation in the Program; and
WHEREAS, the City believes that the actions contemplated by this Second 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:
1. 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
Participating Employers (as defined in Section 3) for the period commencing October 13,
2015 and ending December 31, 2018 (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 the employees of Participating Employers (as defined below).
The City will not pay any portion of the Contract Amount to the Organization unless the
Organization first obtains a payment from a Participating Employer, the amount of which
payment will be in increments of Four Thousand Dollars ($4,000.00) (an "Employer
1
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 November 30, 2018. For purposes
of this Agreement, the term "Participating Employer" means an employer that
(a) is located within the corporate boundaries of the City; or
(b) is located within the corporate boundaries of St. Joseph County, Indiana,
and certifies to the Organization in writing that it employs a number of
people who reside within the corporate boundaries of the City equal to at
least fifty percent (50%) of the total number of its employees.
3. Unless expressly modified by this Second Amendment, all terms and conditions set
forth in the Agreement shall remain in full force and effect.
4. Each undersigned person represents and warrants that he or she is duly authorized
and empowered to execute this Second Amendment on behalf of his or her respective party and to
bind his or her party to its terms. This Second Amendment may be executed in separate
counterparts, all of which taken together will constitute one original instrument.
[Signature page follows.]
2
PIRO.VA
r}I
a +
�[ IS
,•,�e 6�aa�rl,��.� �'° �!�'I-o�ds�ts�s����,y.� t�ro�l�eat��-F�����a•. ; �.
.Aliq��
„7��I
rvtiy,.._I TI"sue* is
-yi II
�` ����i$.,IiME ` .� `�h�"��P`• # A f 41 v" �m�.. i �. '.`-ya '�A $" q_ ¢�. s5 �' 4 'S� -��� I