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HomeMy WebLinkAboutAmendment - SB Heritage Foundation - Acquisition Rehabilitation ProgramAMENDMENT #3 TO 2014 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT BY AND BETWEEN THE CITY OF SOUTH BEND, STATE OF INDIANA, AND SOUTH BEND HERITAGE FOUNDATION, INC. Contract #14-JC-25 THIS AMENDMENT to the 2014 Community Development Block Grant (CDBG) Program Contract dated July 22, 2014 is entered into this 1: "n day of 1 ee;' , iYype� r , 2016, by and between the City of South Bend Indiana, by and through its Board of Public Works, for and on behalf of the Department of Community Investment (the City), in order to receive certain funds and provide community development, neighborhood development and/or housing assistance activities for various programs under the control of the U.S. Department of Housing & Urban Development ("HUD"), and South Bend Heritage Foundation, Inc., a non-profit domestic corporation organized and operating under the laws of the State of Indiana ("Participant'). This award is granted under CFDA 14.218, Community Development Block Grant Program, Department of Housing and Urban Development, Office of Community Planning and Development, Grant Number B-14-MC-18-0011. WHEREAS, the City and Participant are parties to an agreement entitled "Community Development Block Grant (CDBG) Program Contract' dated July 22, 2014 and made effective January 1, 2014 ("CDBG Contract'); and WHEREAS, this agreement is entered into as the Amendment to the CDBG Contract to modify certain terms and conditions expressed in the CDBG Contract; and NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this Amendment to the CDBG Contract as follows: (1) APPENDIX I entitled "SCOPE OF SERVICES/PROJECT DESCRIPTION" which is attached to and incorporated in the CDBG Contract, shall be and is hereby amended and the following sections are revised and replaced as follows: TIMETABLE: Costs may be incurred when the Agency is notified to proceed by the Department of Community Investment. This activity shall commence on January 1, 2014 and shall continue to and include December 31, 2017. All funds unobligated by December 31,201 and all funds unspent by January 31, 2018 shall be subject to reprogramming at the option of the City. PROGRAM BUDGET: The total CDBG budget for the Near West Side Acquisition / Rehabilitation project (14-JC-25) shall not exceed $665,545.00. The projected budget is as follows with the understanding that funds can be moved between eligible activities as costs increase or decrease because of market conditions. However, the developer fee cannot exceed 12.5% of funds expended or a maximum of $73,950.00. Acquisition $ 90,000 Construction materials & labor $475,595 Holding Costs $ 26,000 Developer Fee 73,950 5 545 (2) Each and every other provision of the original CDBG Contract and the attachments thereto are hereby ratified, approved and reaffirmed by the parties and all other matters previously agreed to and set forth in the original CDBG Contract and not affected by this Amendment shall remain in full force and effect. (3) This Amendment may be executed in multiple counterparts, each of which shall be deemed an original. (4) The undersigned person(s) executing and delivering this Amendment on behalf of the Participant represent and certify that: a. He/she is the duly authorized agent, representative, member or officer of the Participant and has been fully empowered to execute and deliver this Amendment and that all necessary corporate action has been taken and done; and b. To the best of his/her knowledge, he/she has not, nor has any other member, employee, representative, agent of office of the Participant, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Amendment other than that which appears on the face hereof. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the day and year first above written. /(. /G.((� Date CITY F SOUTH BEND Pamela C. Meyer, Direc , Neighborhood Enga mnem Department OfComIdimity Investment CITY OF SOUTH BEND Board of Public Works _ ✓/ 47"'= Gary A. Dim, President n zanit1ntritzberlf—41 4er Eliza et . Marad' ,Member Therese J. Doran, Me ber James A( Mueller, Member Qartin, Clerk ATT ST Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 11/28/16 Timmer Department DCI BPW Date 12/13/16 Phone Extension 5841 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt 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 ❑ 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 F1 Other: Amendment Company or Vendor Name South Bend Heritage Foundation, Inc. New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ® No ❑ Yes Name of Company Project Name Acquisition -Rehabilitation Program Project Number 14-JC-25 Funding Source Community Development Block Grant (CDBG) Account No. 212.1001.460.39.30 Amount $665,545 (original amount of $552,000 will be increased by $113,545) Terms of Contract 1/01/14 — 12/31/17 Purpose/Description Transfer 2013 contract balance ($113 545) to this contract increasing amount to $665 545 and extend the contract timetable by 12 months through 12/31/17, allowing additional house to be completed ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Required For Change Orders Only _ Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ® ❑ Judy Love ❑ ❑ ❑ ❑