HomeMy WebLinkAboutPSA - Neighborhood Resources Connection for the Programming & Capacity Building - Neighborhood Resources & Technical Services Corporation, Inc. dba Neighborhood Resources ConnectionAGREEMENT FOR PROGRAMS AND SERVICES WITH
NEIGHBORHOOD RESOURCES & TECHNICAL SERVICES CORPORATION,
INC.
(PROGRAMS AND SERVICES)
THIS AGREEMENT (the or this "Agreement') is made effective the S-1h day
of 2020, 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 (collectively the "City") and
NEIGHBORHOOD RESOURCES & TECHNICAL SERVICES CORP. d/b/a
NEIGHBORHOOD RESOURCES CONNECTION (the "Organization").
RECITALS
WHEREAS, the Organization is an Indiana non-profit corporation, with a mission
to build and foster neighborhood organization capacity in South Bend, Indiana; and
WHEREAS, the Organization has represented that it is a duly existing non-profit
corporation under Indiana law and exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code, as evidenced by the copy of its Tax -exemption
Letter issued by the Internal Revenue Service, attached as A ems, dix l; and
WHEREAS, the City desires to provide for certain services and programs to be
provided to the residents of the City, which services and programs are more particularly
described at Exhibit A (collectively, the "Program"); and
WHEREAS, the Organization is duly qualified to provide for, oversee and
administer the Program; and
WHEREAS, the City has appropriated funds for the Program in the amount of
Eighty -Thousand Dollars ($80,000.00) (the "Contract Amount'), and Twenty percent
(50%), Forty Thousand and 00/100 dollars ($40,000), of this amount is required to have a
1:1 match of non-federal dollars; and
WHEREAS, the City believes that the actions contemplated by this Agreement are
in the best interests of the health, safety and welfare of the City and its residents and that
such actions comply with the public purposes and applicable provisions of state and local
law.
NOW THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, the City and the Organization hereby agree as follows:
1. Contract Amount and Term. The Organization shall provide the programs
and services set forth at Exhibit A (the "Program") on behalf of the City, for the Contract
Amount for the period commencing January 1, 2020 and ending December 31, 2020. The
schedule for the Program is set forth at ,Exhibit B (the "Program Schedule"). The
Organization shall submit quarterly reports to the Contract Administrator on March 31,
June 30, September 30 and December 31 showing the progress of the Program.
2. L'i�o ratan . uel et and llud yet il4ocla lca Lion. The Program budget is set forth
at Exhibit C hereto (the "Budget"), which exhibit is hereby incorporated herein by
reference. The Organization shall not seek from the City more than the Contract Amount
for any expenses related to the Program or otherwise. The Organization shall use the
Contract Amount to implement the Program in conformance with the Budget and for no
other purpose.
3. Coinpensation /o _��`rUpon both parties' execution of this
Agreement, the City will pay the Organization Forty Thousand Dollars ($40,000.00) as the
first installment of the Contract Amount. The City will pay the Organization the remaining
portion Forty Thousand Dollars ($40,000.00) of the Contract Amount as reimbursement of
the Organization's expenses in carrying out the Program, provided that the Organization
has first obtained an equivalent amount of funds from a non-federal funding source
satisfactory to the City (the "Matching Funds"). To request such reimbursement, the
Organization will submit to the Contract Administrator (as defined below) satisfactory
documentation, including at least (a) an invoice detailing the expenses the Organization
seeks to have reimbursed, (b) documentation evidencing the Organization's receipt of
Matching Funds of at least the same amount, and (c) a report summarizing disbursements
and expenditures of the Contract Amount to date by the line items set forth in the Budget
and describing the progress of the Organization's implementation of the Program.
Wherever possible, the Organization will not request reimbursement of less than Two
Thousand Dollars ($2,000) at a time. By way of example, the Organization may request
reimbursement for $3,000 in expenses by providing an invoice detailing those particular
expenses, documentation of the Organization's receipt of $3,000 in Matching Funds, and
a progress report showing the disbursements and expenditures of the Contract Amount
(exclusive of the $3,000 in expenses the Organization seeks to have reimbursed). The City
may withhold any payments under this Agreement in the event the Contract Administrator
determines that the Organization is materially failing to complete the Program in
accordance with this Agreement.
4. Design and Implementation of Pro ram. To the extent not set forth in
Exhibit A, Exhibit B and Exhibit C, the Organization shall be solely responsible for the
design and implementation of the Program, unless specifically directed otherwise by the
City, the City's Internal Auditor (as defined herein), or the Director of Engagement &
Economic Empowerment or any person appointed by said Director or the City to administer
this Agreement (the "Contract Administrator"). The Program and this Agreement must be
performed and administered in accordance with all applicable federal, state and local laws.
The Organization shall use the Contract Amount only for activities related to the Program.
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5. Termination o . If the City Controller makes a written
determination that funds are not appropriated or are otherwise unavailable to support the
continuation of this Agreement, it shall be cancelled. A determination by the City
Controller that funds are not appropriated or are otherwise unavailable to support the
continuation of performance shall be final and conclusive. Effective thirty (30) days after
delivery of a written termination notice, the City may terminate this Agreement, in whole
or in part, for any reason, if the City determines that such termination is in the best interest
of the City. The Organization shall be compensated for completion of the Program
properly done prior to the effective date of termination. The City will not be liable for
work on the Program performed after the effective date of termination. In no case shall
total payment made to the Organization exceed the original Contract Amount.
6. Remedies or° Breach o(° ontr act. Failure to complete the Program in
accordance with this Agreement may be considered a material breach, and shall entitle the
City to impose sanctions against the Organization including, but not limited to, suspension
of all payments, and/or suspension of the Organization's involvement in the Program, on
behalf of the City. The Organization shall repay any portion of the Contract Amount
expended for matters not within the scope of the Program or the Budget. In addition to the
foregoing, the City may pursue any and all remedies available to it at law or in equity.
7. Maintenance o RecorlvAccess toRe(,,-ords.. The Organization shall keep
a written record, in a form acceptable to the City, related to the use and expenditure of the
Contract Amount. Within thirty (30) days of the expiration or termination of this
Agreement, the Organization shall provide the City with a final accounting of the use and
disposition of the Contract Amount by the Organization. Unless otherwise authorized by
the City or required by law, such records shall be maintained by the Organization for a
period of four (4) years of the date of this Agreement. The Organization understands and
agrees to comply with the legal requirements of Indiana Code § 5-14-3-1 et seq.
(commonly known as Indiana's Access to Public Records Act), if applicable, with respect
to all documentation related to the Contract Amount.
8. Audit sec uh-errreids. The Organization agrees to make all information
available to the Indiana State Board of Accounts, the City's Internal Auditor, and the
Contract Administrator as requested to comply with any audit requested related to the
receipt and use of the Contract Amount and the Organization's performance in delivering
the Program in accordance with the provisions of this Agreement. If requested by the City
or the Contract Administrator, the Organization shall provide the City a progress report on
the Program. If requested by the City or the City's Internal Auditor, the Organization shall
arrange for a financial and compliance audit of the Contract Amount to be conducted by
an independent public or certified public accountant (or as applicable, the Indiana State
Board of Accounts) and in accordance with applicable Indiana State Board of Accounts
standards. The City's Internal Auditor shall mean the City Controller or Acting City
Controller appointed pursuant to Indiana Code § 36-4-9-6 (the "City Controller") or any
person appointed or retained by the City Controller or the City for the purpose of auditing
the Organization for this Agreement or other agreements of the City.
3
9. Conflicts o Interest. The Organization hereby certifies and agrees that no
member, officer, or employee of the City, or its designees or agents, and no member of the
governing body of the City of South Bend or the Organization (and no one with whom
there is a family or business tie) who exercises any functions or responsibilities with respect
to the receipt and use of City funds during his or her tenure or for one year thereafter, shall
have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the Program. To the extent the
Program involves the awarding of a contract or grant, the Organization shall not award the
same to a person or entity that creates a conflict of interest described in Indiana Code § 5-
16-11-5.5.
10. l elataons°h . The Organization shall at all times be an independent
contractor for the performance of the Program rather than an employee of the City, and no
act, action or omission to act by the Organization shall in any way bind or obligate the City.
This Agreement is strictly for the benefit of the parties and not for any third -party or person.
This Agreement was negotiated by the parties at arm's length and each of the parties hereto
has reviewed the Agreement after the opportunity to consult with independent legal
counsel. Neither party shall maintain that the language in the Agreement shall be construed
against any signatory hereto. The City and the Organization hereby renounce the existence
of any form of agency relationship, joint venture or partnership between the Organization
and the City and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as creating any such relationship between the City
and the Organization.
11. Notices. Any notice required or permitted to be delivered hereunder shall
be deemed to be delivered 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.
OEganization:
Neighborhood Resources
Connection
217 S. Michigan Street
South Bend, IN 46601
Attention: Executive Director
City:
Alkeyna M. Aldridge
Department of Community Investment
City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601
12. L7ua1.0 )ortyLjky. The Organization shall comply with federal, state and
local laws in its hiring and employment practices and policies for any activity covered by
this Agreement.
13. E"nttre A reirri nt" and �lnigidinent. This Agreement sets forth the entire
agreement and understanding between the parties as to the subject matter hereof, and
merges and supersedes all prior discussions, agreements, and understanding of any and
every nature between them. This Agreement may be amended only by separate writing,
G
EXHIBIT A
Program Description
This program description reflects expectations given the financial and technical support
provided to the NRC by the City of South Bend. The NRC is highly encouraged to fulfill
these obligations by pursuing new partnerships in order to leverage City of South Bend
funding to build capacity and a greater network of support.
The Organization must build it's administrative capacity by doing the following:
Execute an annual programmatic work plan to develop neighborhood leaders
through education and training (e.g. NLA, Roundtable plan); provide evidence
of outcomes impacting neighborhoods based on the resulting work of
individuals receiving such education and training.
1 Design and implement an active fund development plan that includes a long-
term sustainability plan.
i. Pursue external funding to support neighborhood programming
and the NRC's plan toward organizational sustainability. This
entails successfully securing $40,000 in matchingfunds.
Identify sources of external support (such as internship programs) and
successfully engage external support for internal capacity building over the
course of the year.
4. Secure legal representation.
5. The Board of Directors shall have no less than one representative from each of
the following fields: finance, real estate, law, neighborhoods, police, schools,
and local government. Unless a board member is a representative of an active
South Bend neighborhood association, membership is contingent upon annual
review by the City of South Bend.
• Include a City representative as an NRC executive board member, to be
selected by the Mayor.
6. Work with Common Council representatives and the Residential
Neighborhoods Committee to identify neighborhood association leaders,
needs, and potential initiatives in council districts.
The Organization shall actively support neighborhoods by providing the following
programs and services to its residents and neighborhood organizations:
Attend assigned neighborhood association meetings and report on key
findings at the end of every month. The monthly report is to be shared with
the City of South Bend and neighborhood association leadership.
• Communicate available city resources to neighborhood associations and
facilitate engagement with resources on offer.
Collaborate the Engagement Team to develop and produce the Monthly
Neighborhood Association Report in collaboration with the City's
Engagement Team.
2. Organize and host another Neighborhood Summit for 2020 in collaboration
with the City of South Bend.
3. Market EYEN programming as a pipeline to the recently created Youth
Council in collaboration with the Clerk's Office & Common Council.
4. Survey existing associations and assess them based on INRC's Healthy
Neighborhood Matrix framework.
Advance the capacity of a majority of neighborhood associations
(including newly formed organizations) at least one step on the capacity
framework by December 31 ", 2020. This can include, but is not limited to,
increasing membership and capacity of existing neighborhood associations
through technical assistance programming.
5. Sustain neighborhood associations using the following tools:
• Neighborhood leader training and coaching
o NLA
o Quarterly Roundtables
o EYEN
• Neighborhood association tool -kits
o Block Party
o Neighborhood Association meeting
o Outreach & Surveying
o Neighborhood Clean-ups
• Neighborhood association registration with incentives
• Form Mayor's Neighborhood Steering Committee in Collaboration with
the Engagement & Economic Team
• Printing of flyers and other technical resource support including social
media
• INSPIRE Technical assistance grants for neighborhood leadership
conference attendance.
6. Promote activities within South Bend sponsored or encouraged by the City
through NRC's print and electronic mediums.
7. Provide Quarterly Reports to the Contract Administrator with the final annual
report due no later than December 15th to the Department of Community
Investment and the Common Council.
EXHIBIT B
Program Schedule
The Organization shall provide the Program as described in Exhibit A during the period of
January 1, 2020 — December 31, 2020.
Quarterly Reporting Schedule to the Contract Administrator & the Residential Neighborhoods
Committee:
1, April 20, 2020
2. August 17, 2020
3. TBD Final December Presentation
EXHIBIT C
Program Budget
Total Cost for Programs and Services $80,000.00
$40,000 to be disbursed at time of agreement execution.
$40,000 required to have a 1:1 match, disbursed in minimum increments of $2,000 based
on documentation of match during the term of January 1, 2020 — December 31, 2020.
The City of South Bend CDBG funds will not be eligible as match.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Date: � / -- .2020
President
Me bei-
Member
ATTEST:
e.
A.
Lilida M. Martin . ......
NEIGHBORHOOD RESOURCES
CONNECTION
Date: . 2020
Dr. Barbara Milon, Executive Director
approved by both the Organization and the City.
14. Additional Representations. tions. The undersigned persons executing and
delivering this Agreement on behalf of the Organization represent and certify that they are
the duly authorized officers of the Organization and have been fully empowered to execute
and deliver this Agreement and that all necessary corporate action has been taken and done.
15. Non -Collusion a11 CPrior to the City's execution of this
Agreement, the Organization will execute and file with the City a 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, the form of which is attached
hereto and incorporated herein as APMIdix 11.
(remainder of page intentionally left blank)
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INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
P. O. BOX 2508
CINCINNATI, OH 45201
Date
19P
NEIGHBORHOOD RESOURCES
SERVICES CORP
1200 COUNTY -CITY BLDG
SOUTH BEND, IN 46601
Dear Applicant:
DEPARTMENT OF THE TREASURY
Employer Identification Number:
35-1897463
DLN:
17053165788018
& TECHNICAL Contact Person:
D. A. DOWNING
Contact Telephone Number:
(513) 241-5199
Our Letter Dated:
June 1994
Addendum Applies:
No
This modifies our letter of the above date in which we stated that you
would be treated as an organization that is not a private foundation until the
expiration of your advance ruling period.
Your exempt status under section 501(a) of the Internal Revenue Code as an
organization described in section 501(c)(3) is still in effect. Based on the
information you submitted, we have determined that you are not a private
foundation within the meaning of section 509(a) of the Code because you are an
organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi).
Grantors and contributors may rely on this determination unless the
Internal Revenue Service publishes notice to the contrary. However, if you
lose your section 509(a)(1) status, a grantor or contributor may not rely on
this determination if he or she was in part responsible for, or was aware of,
the act or failure to act, or the substantial or material change on the part of
the organization that resulted in your loos of such status, or if he or she
acquired knowledge that the Internal Revenue Service had given notice that you
would no longer be classified as a section 509(a)(1) organization.
If we have indicated in the heading of this letter that an addendum
applies, the addendum enclosed is an integral part of this letter.
Because this letter could help resolve any questions about your private
foundation status, please keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown above.
Sincerely yours,
Distr"'t Director
Letter 1050 (DO/CG)
INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
P. O. BOX 2508
CINCINNATI, OH 45201
Date:
NEIGHBORHOOD RESOURCES & TECHNICAL
SERVICES CORP
1200 COUNTY -CITY BLDG
SOUTH BEND, IN 46601
Dear Applicant:
DEPARTMENT OF THE TREASURY
Employer Identification Number:
35-1897463
DLN:
17053185788018
Contact Person:
D. A. DOWNING
Contact Telephone Number:
(513) 241-5199
Our Letter Dated:
June 1994
Addendum Applies:
No
This modifies our letter of the above date in which we stated that you
would be treated as an organization that is not a private foundation until the
expiration of your advance ruling period.
Your exempt status under section 501(a) of the Internal Revenue Code as an
organization described in section 501(c)(3) is still in effect. Based on the
information you submitted, we have determined that you are not a private
foundation within the meaning of section 509(a) of the Code because you are an
organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi).
Grantors and contributors may rely on this determination unless the
Internal Revenue Service publishes notice to the contrary. However, if you
lose your section 509(a)(1) status, a grantor or contributor may not rely on
this determination if he or she was in part responsible for, or was aware of,
the act or failure to act, or the substantial or material change on the part of
the organization that resulted in your loss of such status, or if he or she
acquired knowledge that the Internal Revenue Service had given notice that you
would no longer be classified as a section 509(a)(1) organization.
If we have indicated in the heading of this letter that an addendum
applies, the addendum enclosed is an integral part of this letter.
Because this letter could help resolve any questions about your private
foundation status, please keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown above.
Sincerely yours,
''. w "mac .�✓if �a� 7 00 � -lw �, �r1 ,.
Dist,r"ict Director
Letter 1050 (DO/CG)
APPROVED AND FILED
CONNIE LAWSON
INDIANA SECRETARY OF STATE
06/15/2018 11:15 AM
BUSINESS ID 1993070205
BUSINESS TYPE Domestic Nonprofit Corporation
BUSINESS NAME NEIGHBORHOOD RESOURCES & TECHNICAL SERVICES CORP.
ENTITY CREATION DATE 06/25/1993
JURISDICTION OF FORMATION Indiana
PRINCIPAL OFFICE ADDRESS 115 North William Street, South Bend, IN, 46601, USA
YEARS 2018/2019
EFFECTIVE DATE 06/14/2018
EFFECTIVE TIME 5:09 PM
REGISTERED AGENT TYPE Individual
NAME DIANA HESS
ADDRESS 115 N. William Street, So Bend, IN, 46601, USA
SERVICE OF PROCESS EMAIL nrcneighbors@gmail.com
I acknowledge that the Service of Process email provided above is the email address at which electronic service of process may be accepted and
is publicly viewable.
-Page 1 of 2 -
APPROVED AND FILED
CONNIE LAWSON
INDIANA SECRETARY OF STATE
06/15/2018 11:15 AM
i47 t ,j1' P..,
;%° ���'IN "/r,
11
TITLE
President
NAME
Ronald Silvernan
ADDRESS
5652 Yellow Wood Drive, South Bend, IN, 46614 - 5565, USA
TITLE
Treasurer
NAME
Gary Benedix
ADDRESS
1108 High Street, South Bend, IN, 46601, USA
TITLE
Vice President
NAME
Karla Riley
ADDRESS
2530 Summit Ridge Drive, South Bend, IN, 46628, USA
TITLE
Secretary
NAME
Keya Young
ADDRESS
2117 Vassar Avenue, South Bend, IN, 46628, USA
THE SIGNATOR(S) REPRESENTS THAT THE REGISTERED AGENT NAMED IN THE APPLICATION HAS CONSENTED TO THE
APPOINTMENT OF REGISTERED AGENT.
IN WITNESS WHEREOF, THE UNDERSIGNED HEREBY VERIFIES, SUBJECT TO THE PENALTIES OF PERJURY, THAT THE
STATEMENTS CONTAINED HEREIN ARE TRUE, THIS DAY June 14, 2018.
SIGNATURE Diana Lee Hess
TITLE CEO
Business ID: 1993070205
Filing No.: 7938959
- Page 2of2-
OPINION OF PROGRAM ADMINISTRATOR* THAT MWBE GOAL SETTING UNDER
SOUTH BEND MUNICIPAL CODE CHAPTER 14.5 IS NOT REQUIRED
Date: February 20, 2020
Date of Board of Public Works ,o or M, pl�at�w��ll l�cl��y lla crf� �a � fat ; BPW Feb. 25, 2020
Qotttpa,lly or;Ygtg tr: Neighborhood Resources & Technical Services Corp. d/b/a Neighborhood
Resource Connection
Cijy Dcpartnient,: DCI
Qi" y nojpp t MaNg r: Alkeyna Aldridge
Total Expenditure L(r Contract: not to exceed $80,000
Prnject Namp. Neighborhood Programming and Capacity Building
Erojacct Number:
lIpa on k(r 0 inion of N Coal $cttin ): The project requires multiple services to invigorate
neighborhoods and cultivate their leadership through training programs, publications, organizing and
hosting another Neighborhood Summit, marketing, preparing a survey of all South Bend neighborhood
associations among other services. This contractor has worked with the City of South Bend for the past
fourteen years and has continued to build up its specialized service program. As such this is virtually a
sole source contract.
Conclusion: No goals due to lack of MWBE's.
Additional Comments:
I hereby certify that the above project does not require goal setting under the terms of South
Bend's Inclusive Procurement and Contracting Ordinance #10693-19, as codified in Chapter 14.5
Article 2, Section 14.5-3 of the South Bend Municipal Code.
Signature+ +°
Michael Patton
Program Administrator
*Program Administrator means the person designated by and reporting directly to the Mayor to support the City's
inclusion, diversity, equity, and access goals.
Opinion of Program Administrator Form
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 2/20/2020--------.—
Department
Alke1na Aldridge
DCI
—Name........—
February
25, 2020
(February 20'1'
BPW Date Review
Phone Extension 5896
- - --------------
Review w an Submittal to Board
Diversity Compliance
Z
_Ap
Officer Name
Michael Patton/Aladean DeRose
and In Officer
BPW Attorney
z
Attorney Name
.................................
Clara McDaniel
......... . . .... .... ...
Dept. Attorney
Z
Attorney Name
Sandra fennel
Purchasing
.
Z
..............
Amanda Pietsch
. ................................... ... .... . ...........ww
Check the Appropriate Item Type —
Z Professional Services Agreement E] Contract
F] Open Market Contract
El Amendment/Addendum
F-1 Bid Opening
E] Bid Award
E] Quote Opening
E] Quote Award
Proposal Opening
F-IC/0 & PCA No.
Chg. Order, No.
F-1 Traffic Control
E] Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Information
All Submissions
LJ Proposal
E] Special Purchase, QPA
❑ Req. to Advertise
Reject Bids/Quotes
PCA
E] Resolution
Ease./Encroach
0 Title Sheel
Neighborhood Resources & Technical Services Corporation, Inc. DBA
The .Nei w��borhoo�i Resources Connection (NRC)
..........
F1 Yes] If Yes, Approved by Purchasing
Z No
❑MBE Completed E-Verify Form Attached Yes
WBE No
Neighborhood Resources Connection- Neighborhood Programming &
Capacity Building
... ..... . . ......................
Neiborhood OrRanization Sypp
.. ......................... ........ ...............
408-1004-460.39-30
. ....... . . . ..........
$80,000 (not to exceed)
. ....... . ........ ...... ...................
January 1, 2020- December 31, 2020
I For ChnLe Orders my . ....
Amount of El Increase . ........... ........ . .........
Decrease
Previous Amount
Increase %
.... ...........
Current Percent of Change: Decrease ... ................ .
New Amount
Increase %
..........
Total Percent of Change: Decrease %)
Time Extension Amount:
New Completion Date:
. . ......... .... . Completion . ........... . . ....... . . . . . ...... ......