HomeMy WebLinkAbout5A2 Sixth Amendment (Engineering Services Agreement 2024) - SignedSouth Bend Redevelopment Commission
227 West Jefferson Boulevard, Room 1308, South Bend, Indiana
Redevelopment Commission Agenda Item
D ATE : 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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SIXTH AMENDMENT TO ENGINEERING SERVICES AGREEMENT
This Sixth Amendment to Engineering Services Agreement (this “Sixth 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 Civil City of South Bend, an Indiana municipal
corporation, acting by and through the South Bend Board of Public Works (the “Provider”).
RECITALS
A.The Commission and the Provider entered into that certain Engineering Services
Agreement dated November 22, 2016, as amended by the First Amendment to Engineering
Services Agreement dated April 13, 2017, the Second Amendment to Engineering Services
Agreement dated March 13, 2018, a Third Amendment to Engineering Services Agreement dated
April 25, 2019, a Fourth Amendment to Engineering Services Agreement dated effective January
1, 2020, and a Fifth Amendment to Engineering Services Agreement dated effective January 1,
2023 (collectively, the “Services Agreement”), for the provision of engineering 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 to extend
the term of the Services Agreement and provide for automatic renewal on an annual basis,
commencing on the Effective Date as set forth in this Sixth Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this Sixth
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 “Assistant City Engineer,” "Senior Engineer," and "Project
Engineer." As compensation for the Requested Services, the Commission agrees
to pay the Provider a flat fee for each respective calendar year during which this
Agreement is in effect (the “Annual Fee”). Commencing on the effective date, the
Annual Fee shall be the maximum payable salary for one (1) Assistant City
Engineer, the maximum payable salary of one (1) Senior Engineer, and one-fourth
(¼) the maximum payable salary for one (1) Project Engineer as set forth in the
applicable annual City salary ordinance, which, as of the Effective Date, equates to
a total of Two Hundred One Thousand One Hundred Sixty Dollars ($201,160.00).
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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 Sixth Amendment, the terms and provisions of
the Services Agreement remain in full force and effect.
4.Capitalized terms used in this Sixth 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 Sixth Amendment to
Engineering Services Agreement to be effective as of the Effective Date stated above.
SOUTH BEND BOARD OF
PUBLIC WORKS
__________________________________ __________________________________
Elizabeth Maradik, President Gary Gilot, Member
__________________________________ __________________________________
Joseph Molnar, Vice President Murray Miller, Member
__________________________________
Breana Micou, Member
ATTEST:
__________________________________
Theresa Heffner, Clerk
Date:________________________
SOUTH BEND REDEVELOPMENT
COMMISSION
_________________________________
Troy Warner, President
ATTEST:
_________________________________
Vivian G. Sallie, Secretary
Date:__________________________ 11-14-2024