HomeMy WebLinkAboutFirst Amendment to Agreement - Revise Language Related to Inclusive Procurement and Contracting for Pilot Housing New Construction Program – Urban Enterprise Association of South Bend, Inc.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
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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
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performed by MWBEs, and (iii) detailing payment dates and amounts made to
MWBEs for the Work.
3. Unless expressly modified by this First Amendment, the terms and provisions of the
Agreement remain in full force and effect.
4. Capitalized terms used in this First Amendment will have the meanings set forth in the
Agreement unless otherwise stated herein.
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.
URBAN ENTERPRISE ASSOCIATION
OF sour : BEND, INC.
B
Karen White, Chairman
Dater ....__...o—.......°__°°Z� ...
CITY OF SOUTH BEND, INDIANA
BOARD OF �PUBLIC�,,' ORKS
GaryCxa�l��i� -.�. ., .._ ...�
t„ President
..........
Therese Dorau, Member
Jotan,6athers,
ber
Elizabeth Maradik, Member
...Jo o . Mo1iiar, Meg
ATTEST:
.`... I da Martin, Clerk
Date: 311 o/ ,,-) 0 �20
2
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 2/26/2020
Department ..... ...............__............
Name ._.... ,,,,.___.Pant Meer DCI
BPW Date March 10 Phone Extension 5845
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Diversity Compliance
and Inclusion Officer
Review and
Prior to Submittal to B
Officer Name Michael Patton/Aladean DeRose
BPW Attorney El Attorney Name _ Clara McDaniels
Dept. Attorney
Purchasing
1
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Attorney Name Sandra Kennedy
_ Check the Appropriate Item sae_ Jt,i`r^ All Submissions
Professional Services Agreement Contract Proposal _
Open Market Contract F]D Amendment/Addendum ❑ Special Purchase, QPA
❑ Bid Opening Bid Award [:] Req. to Advertise ❑ Title Sheei
❑ Quote Opening R Quote Award E] Reject Bids/Quotes
Proposal Opening ❑ C/O & PCA No. [ PCA
[❑ Chg. Order, No. Traffic Control Resolution
[JOther: E] Ease./Encroach
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
etl Information
Association o f„Southµ Bend, _Inc..
LJ Yes H If Yes, Approved by Purchasing
❑ No
„Rev__ises approved agreement to add language„ z elated_to Inclusive
Procurement and
ra Contctin
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New Amount
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