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HomeMy WebLinkAboutAmendments to RDC Agreements through 2028South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE: 11/19/2025 FROM: Caleb Bauer, Executive Director SUBJECT: Redevelopment Services Agreements 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: RDC staff requests consideration of amendments to 3-year RDC services agreements with DCI staff, Engineering staff, and Legal Department staff who work to support the RDC’s activities. The agreements include a 3% annual escalation, which is in line with historical annual salary adjustments. If approved, funding will be provided out of a pro-rated share of TIF funds from each district. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION November 24, 2025  1 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, 2026 (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 the First Amendment to Redevelopment Supervisory Services Agreement dated March 13, 2018, the Second Amendment to Redevelopment Supervisory Services Agreement dated effective January 1, 2020, and the Third Amendment to the 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.Section 4(A) of the Services Agreement is deleted 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.” As compensation for the Requested Services, the Commission agrees to pay the Provider a flat fee for each respective calendar year in an amount not to exceed the total amount stated in the table below (the “Annual Fee”). Period Position Annual Fee January 1 to December 31, 2026 Exec. Dir. of Community Investment $ 44,078.00 Director of Growth & Opportunity $ 47,594.00 Asst. Director of Growth & Opportunity $ 52,140.00 Property Development Manager $ 59,351.00 Total for 2026 $ 203,163.00 January 1 to December 31, 2027 Exec. Dir. of Community Investment $ 45,400.44 Director of Growth & Opportunity $ 49,021.82 2 Asst. Director of Growth & Opportunity $ 53,704.20 Property Development Manager $ 61,131.79 Total for 2027 $ 209,258.00 January 1 to December 31, 2028 Exec. Dir. of Community Investment $ 46,762.46 Director of Growth & Opportunity $ 50,492.47 Asst. Director of Growth & Opportunity $ 55,315.33 Property Development Manager $ 62,965.74 Total for 2028 $ 215,536.00 ” 2.In Section 5 of the Services Agreement, the text “December 31, 2025” is deleted and replaced with the following: “December 31, 2028.” 3.Section 15 of the Services Agreement is deleted and replaced with the following: “SECTION 15. Notices. “All notices or other communications which are required or permitted under the terms of this Agreement shall be sufficient if delivered personally, by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally, three (3) days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. Commission: Department of Community Investment 215 S. Dr. Martin Luther King Jr. Boulevard Suite 500 South Bend, Indiana 46601 Attn: Executive Director Provider: Department of Public Works 215 S. Dr. Martin Luther King Jr. Boulevard Suite 400 South Bend, Indiana 46601 Attn: Director” 4.Unless expressly modified by this Fourth Amendment, the terms and provisions of the Services Agreement remain in full force and effect. 5.Capitalized terms used in this Fourth Amendment will have the meanings set forth in the Services Agreement unless otherwise stated herein. [Signature page follows.] 3 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. SOUTH BEND REDEVELOPMENT COMMISSION __________________________________ Troy Warner, President ATTEST: __________________________________ Eli Wax, Secretary Date: November 24, 2025 December 9, 2025 South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE: 11/19/2025 FROM: Caleb Bauer, Executive Director SUBJECT: Redevelopment Services Agreements 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: RDC staff requests consideration of amendments to 3-year RDC services agreements with DCI staff, Engineering staff, and Legal Department staff who work to support the RDC’s activities. The agreements include a 3% annual escalation, which is in line with historical annual salary adjustments. If approved, funding will be provided out of a pro-rated share of TIF funds from each district. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION November 24, 2025  1 SIXTH AMENDMENT TO ENGINEERING SERVICES AGREEMENT This Sixth Amendment to Engineering Services Agreement (this “Sixth Amendment”) is made effective as of January 1, 2026 (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, the Third Amendment to Engineering Services Agreement dated April 25, 2019, the Fourth Amendment to Engineering Services Agreement dated effective January 1, 2020, and the Fifth Amendment to the 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 for an additional three (3) years 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.Section 4(A) of the Services Agreement is deleted 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 "Project Engineer,” “Senior Engineer,” and “Assistant City Engineer.” As compensation for the Requested Services, the Commission agrees to pay the Provider a flat fee for each respective calendar year in an amount not to exceed the total amount stated in the table below (the “Annual Fee”). Period Position Annual Fee January 1 to December 31, 2026 Project Engineer $ 81,763.00 Senior Engineer $ 66,780.00 Assistant City Engineer $ 77,949.75 Total for 2026 $ 226,462.75 January 1 to December 31, 2027 Project Engineer $ 80,288.24 Senior Engineer $ 68,783.40 Assistant City Engineer $ 84,215.89 Total for 2027 $ 233,287.53 2 January 1 to December 31, 2028 Project Engineer $ 82,696.89 Senior Engineer $ 70,846.90 Assistant City Engineer $ 86,742.37 Total for 2028 $ 240,286.16 ” 2.In Section 5 of the Services Agreement, the text “December 31, 2025” is deleted and replaced with the following: “December 31, 2028.” 3.Section 15 of the Services Agreement is deleted and replaced with the following: “SECTION 15. Notices. “All notices or other communications which are required or permitted under the terms of this Agreement shall be sufficient if delivered personally, by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally, three (3) days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. Commission: Department of Community Investment 215 S. Dr. Martin Luther King Jr. Boulevard Suite 500 South Bend, Indiana 46601 Attn: Executive Director Provider: Department of Public Works 215 S. Dr. Martin Luther King Jr. Boulevard Suite 400 South Bend, Indiana 46601 Attn: Director” 4.Unless expressly modified by this Sixth Amendment, the terms and provisions of the Services Agreement remain in full force and effect. 5.Capitalized terms used in this Sixth Amendment will have the meanings set forth in the Services Agreement unless otherwise stated herein. [Signature page follows.] 3 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 REDEVELOPMENT COMMISSION __________________________________ Troy Warner, President ATTEST: __________________________________ Eli Wax, Secretary Date: November 24, 2025 December 9, 2025 South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item DATE: 11/19/2025 FROM: Caleb Bauer, Executive Director SUBJECT: Redevelopment Services Agreements 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: RDC staff requests consideration of amendments to 3-year RDC services agreements with DCI staff, Engineering staff, and Legal Department staff who work to support the RDC’s activities. The agreements include a 3% annual escalation, which is in line with historical annual salary adjustments. If approved, funding will be provided out of a pro-rated share of TIF funds from each district. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION November 24, 2025  1 FIRST AMENDMENT TO AMENDED AND RESTATED REDEVELOPMENT LEGAL SERVICES AGREEMENT This First Amendment to Amended and Restated Redevelopment Legal Services Agreement (this “First Amendment”) is made effective as of January 1, 2026 (the “Effective Date”), by and between the City of South Bend, Department of Redevelopment, acting by and through its governing body, the South Bend Redevelopment Commission (the “Commission”), and the City of South Bend, Indiana, 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 an Amended and Restated Redevelopment Legal Services Agreement dated effective July 1, 2018 (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 First 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.The following text is hereby added to the end of Section 4(A) of the Services Agreement: “ In addition to the Annual Fee, the Commission agrees to pay the Provider a separate flat fee of Ten Thousand Dollars ($10,000) per calendar year (the “Additional Fee”) to offset wages paid to Provider’s interns whose work primarily supports the Requested Services. The Additional Fee shall be payable upon the Provider’s written request.” 2.Section 15 of the Services Agreement is deleted and replaced with the following: “SECTION 15. Notices. “All notices or other communications which are required or permitted under the terms of this Agreement shall be sufficient if delivered personally, by registered or certified mail, return receipt requested, or by generally recognized, prepaid, overnight air courier services, to the address and individual set forth below. All such notices to either party shall be deemed to have been provided when delivered, if delivered personally, three (3) days after mailed, if sent by registered or certified mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services. Commission: Department of Community Investment 2 215 S. Dr. Martin Luther King Jr. Boulevard Suite 500 South Bend, Indiana 46601 Attn: Executive Director Provider: Department of Public Works 215 S. Dr. Martin Luther King Jr. Boulevard Suite 400 South Bend, Indiana 46601 Attn: Director” 3.Unless expressly modified by this First Amendment, the terms and provisions of the Services Agreement remain in full force and effect. 4.Capitalized terms used in this First Amendment will have the meanings set forth in the Services Agreement unless otherwise stated herein. [Signature page follows.] 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Amended and Restated Redevelopment Legal Services Agreement to be effective as of the Effective Date stated above. SOUTH BEND REDEVELOPMENT COMMISSION __________________________________ Troy Warner, President ATTEST: __________________________________ Eli Wax, Secretary Date: November 24, 2025 December 9, 2025 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/25/2025 Name Joseph Molnar Department DCI BPW Date 12/9/2025 Phone Extension 6022 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Danielle Campbell Weiss Purchasing Check the Appropriate Item Type – Required for 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: Temporary License Agreement Ease./Encroach Required Information Company or Vendor Name Redevelopment Commission of South Bend New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Fourth Amendment to RDC Supervisory Services Agreement / Sixth Amendment to Engineering Services Agreement / First Amendment to Redevelopment Legal Services Agreement Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amendments to 3-year RDC-BPW services agreements with DCI staff, Engineering staff, and Legal Department staff who work to support the RDC’s activities. The agreements include a 3% annual escalation, which is in line with historical annual salary adjustments. If approved, funding will be provided out of a pro-rated share of TIF funds from each district. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase %