HomeMy WebLinkAboutFirst Amendment to Agreement - No Cost Additions and Modifications to Language of Pilot Housing Subsidy Program – Cross Community, Inc.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
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of the Agreement (i) regarding the Organization's good faith efforts in seeking out
MWBEs for participation hereunder, (ii) identifying portions of the Work
performed by MWBEs, and (iii) detailing payment dates and amounts made to
MWBEs for the Work.
4. Unless expressly modified by this First Amendment, the terms and provisions of the
Agreement remain in full force and effect.
5. 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.
CROSS COMMUNITY, INC.
By:
Tina Patton, President
Date: 7/20/20
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Jordan V. Gathers, Member
Joseph R. Molnar, Member
ATTEST:
-4Z71G T 0-S-ra727H
Linda M. Martin, Clerk
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BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 7/23/20
Name Liz Maradik Department DCI
BPW Date 7/28/20 Phone Extension x5821
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
❑
Officer Name
and Inclusion Officer
BPW Attorney
❑
Attorney Name
Dept. Attorney
®
Attorney Name Sandi Kennedy
Purchasing
❑
Check the Appropriate
Item Type — Re uired or All Submissions
❑ Professional Services Agreement
❑ Contract
❑ Proposal
❑ Open Market Contract
® Amendment/Addendum
❑ Special Purchase, QPA
❑ Bid Opening
❑ Bid Award
❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening
❑ Quote Award
❑ Reject Bids/Quotes
❑ Proposal Opening
❑ C/O & PCA No.
❑ PCA
❑ Chg. Order, No.
❑ Traffic Control
❑ Resolution
❑ Other:
❑ Ease./Encroach
Required Information
Company or Vendor Name
Cross Community, Inc.
❑ Yes ❑ If Yes, Approved by Purchasing
New Vendor
® No
MBE Yes
MBE/WBE Contractor
Completed E-Verify Form Attached
❑ ❑ No
Project Name
Pilot Housing Subsidy Program
Project Number
Funding Source
EDIT
Account No.
Amount
N/A — not impacted
Terms of Contract
N/A — not impacted
Purpose/Description
First Amendment to the Agreement — adding and modifying some language
(non -substantive modifications)
For Change Orders Only
Amount of ❑
Increase $
❑
Decrease ($ )
Previous Amount
$
Increase %
Current Percent of Change:
Decrease ( %)
New Amount
$
Increase %
Total Percent of Change:
Decrease ( %)
Time Extension Amount:
New Completion Date: