HomeMy WebLinkAbout5A1 Fourth Amendment (Redevelopment Supervisory Services Agreement 2024) - SignedSouth Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
DATE : 11/6/2024
FROM: Joseph Molnar, Assistant Director of
Growth & Opportunity
SUBJECT: Two Administrative Resolutions,
Two Administrative Amendments
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the
authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: Approval of Four Administrative Updates
SPECIFICS: Staff of the RDC are proposing four (4) administrative updates for approval, detailed below:
1.Setting Procedures for Contracts for Property Related Services. This resolution establishes which City
staff are authorized to initiate contracts for services on behalf of the RDC. All contracts initiated by Staff
must be related to property the RDC owns, is interested in acquiring, or intends to sell, use, exchange,
lease or otherwise dispose. The resolution also sets a maximum amount for each respective service.
2.Appointing Authorized Representatives to Conduct Certain Administrative Acts Related to Property. This
resolution establishes which City staff are authorized to perform on behalf of the Commission
administrative acts related to the RDC’s owning, managing, leasing, and selling of property.
3.Fourth Amendment to Redevelopment Supervisory Services Agreement. This Fourth Amendment
updates the fees for services which the RDC pays to the City General Fund for the work of City staff
whose primary responsibilities are heavily related to RDC related activities. The total equates to One
Hundred Thirty-Two Thousand One Hundred and Fifty-Seven Dollars ($132,157.00.00).
4.Sixth Amendment to Engineering Services Agreement 2024. This Sixth Amendment updates the fees for
engineering services performed by City employed engineers on projects related to RDC. The total
equates to Two Hundred One Thousand One Hundred Sixty Dollars ($201,160.00).
Staff recommends approval of all four (4) items.
_________________________Pres/V-Pres
ATTEST: __________________Secretary
Date: ____________________
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
11-14-2024
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FOURTH AMENDMENT TO
REDEVELOPMENT SUPERVISORY SERVICES AGREEMENT
This Fourth Amendment to Redevelopment Supervisory Services Agreement (this “Fourth
Amendment”) is made effective as of January 1, 2024 (the “Effective Date”), by and between the
South Bend Redevelopment Commission, the governing body of the City of South Bend
Department of Redevelopment (the “Commission”), and the City of South Bend, Indiana, an
Indiana municipal corporation, acting by and through the City of South Bend, Indiana Board of
Public Works (the “Provider”).
RECITALS
A.The Commission and the Provider entered into a Redevelopment Supervisory
Services Agreement dated January 12, 2017, as amended by a First Amendment to Redevelopment
Supervisory Services Agreement dated March 13, 2018, a Second Amendment to Redevelopment
Supervisory Services Agreement dated effective January 1, 2020, and a Third Amendment to
Redevelopment Supervisory Services Agreement dated effective January 1, 2023 (together, the
“Services Agreement”), for the provision of supervisory services to the Commission in relation to
the Commission’s Projects (as defined in the Services Agreement).
B.The Commission and the Provider wish to amend the Services Agreement as set
forth in this Fourth Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this
Fourth Amendment and the Services Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1.As of the Effective Date, Section 4.A. of the Services Agreement shall be deleted in its
entirety and replaced with the following:
A.Fees for Services. The Provider will render the Requested Services
to the Commission through the work of the Provider’s employees holding the
position titles “Executive Director of Community Investment,” "Director of
Growth & Opportunity," “Assistant Director of Growth & Opportunity,” and
"Property Development Manager." Commencing on the Effective Date, the Annual
Fee shall be one-fourth (¼) the maximum payable salary for the Executive Director
of Community Investment, one-fourth (¼) the maximum payable salary for the
Director of Growth & Opportunity, one-half (½) the maximum payable salary for
the Assistant Director of Growth & Opportunity, and one-half (½) the maximum
payable salary for the Property Development Manager as set forth in the applicable
annual City salary ordinance, which, as of the Effective Date, equates to a total of
One Hundred Thirty-Two Thousand One Hundred Fifty-Seven Dollars
($132,157.00.00).
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2. Section 5 of the Agreement shall be deleted in its entirety and replaced with the
following:
SECTION 5. Term.
The term of this Agreement (the “Term”) shall commence on the Effective
Date and shall terminate in accordance with Section 6 of this Agreement or upon
the parties’ mutual agreement. If not terminated under Section 6 of this
Agreement or by the parties’ mutual agreement, this Agreement shall
automatically renew on an annual basis.
3. Unless expressly modified by this Fourth Amendment, the terms and provisions of
the Services Agreement remain in full force and effect.
4.Capitalized terms used in this Fourth Amendment will have the meanings set forth
in the Services Agreement unless otherwise stated herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to
Redevelopment Supervisory Services Agreement to be effective as of the Effective Date stated
above.
CITY OF SOUTH BEND, INDIANA SOUTH BEND REDEVELOPMENT
BOARD OF PUBLIC WORKS COMMISSION
__________________________________ __________________________________
Elizabeth Maradik, President Troy Warner, President
__________________________________ __________________________________
Joseph Molnar, Vice President Vivian G. Sallie, Secretary
__________________________________ Date: ____________________________
Breana Micou, Member
__________________________________
Gary Gilot, Member
__________________________________
Murray Miller, Member
ATTEST:
__________________________________
Theresa Heffner, Clerk
Date:______________________________
11-14-2024