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Home My Public Portal AboutAddendum No. 1 to Contract No. 49-2010 - Star DevelopmentADDENDUM THIS A NDUM, (Number 1 to Contract No. 49-2010) is made and entered into this & day of , 20I3, by and between Richmond, Indiana, a municipal corporation acting through its oard of/Public Works and Safety (hereinafter referred to as "City"), and Star Development, Inc., 220 West Main Street, Cambridge City, Indiana, 47327 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 49-2010 on March 6, 2010; and WHEREAS, Contractor will continue to provide professional grant administration services for the Richmond Department of Metropolitan Development in connection with the Neighborhood Stabilization Grant program (NSP-1) and in accordance with the scope of Contract No. 49-2010 to assist the City with the addition of a landbanked property. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: 1_ The City and Contractor executed and entered into Contract No. 49-2010, on March 6, 2010, which Agreement set forth the details of the administrative, environmental review, program delivery, and Iead testing services that Contractor is conducting for the targeted NSP-I properties. Twelve (12) properties were identified and targeted by the parties in connection with the NSP-1 project, which properties and their respective amounts are listed on Exhibit A, which Exhibit is attached hereto and incorporated by reference. Pursuant to Contract No. 49-2010, Section 4 Modification, any changes including the increase or decrease in the amount of Contractor's compensation shall be mutually agreed upon and incorporated in written addenda to this Contract_ 2. A landbanked property located at 200 South 10' Street in Richmond, Indiana, may also be rehabilitated by the City of Richmond pursuant to the NSP-1 guidelines due to an increase in. funding amounts. Said landbanked property shall be added to the list of properties originally identified and targeted by the parties and Contractor will perform the same services outlined in Contract No. 49-2010 for said property in addition to the previously identified properties. The parties wish to modify Contract No. 49-2010 in order that the landbanked property may be added to the NSP-1 project and Contractor may be compensated accordingly by an additional amount not to exceed Nine Thousand Two Hundred Fifty Dollars and Zero Cents (S9,250.00). 3. Contractor has provided its breakdown schedule for the landbanked property reflecting its fee I -icreases effective for the above -described services in connection with Contract No. 49-2010. Said proposal is attached hereto as Exhibit B and incorporated by reference. Contractor agrees to abide by the same. 4. City and Contractor expressly agree that all other tenons, conditions, and covenants contained in Contract No. 49-2010, shall be applicable to the work performed pursuant to this Addendum, unless such term, condition or covenant conflicts with this Addendum Number 1, in which case this Addendum Number 1 shall be controlling. Addendum No. 1 to Contract No. 49-2010 Page I of 3 5. Both parties agree that in accordance with Indiana Code 22-5-1.7-I et seq., all service contracts entered into or renewed after June 30, 2011, must include the Indiana E-Verify Program Requirements, which requirements are set forth and incorporated into Contract Number 49-2010 as follows: COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E- Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 6. Both parties agree that in accordance with Indiana Code 5-22-16.5-1 et seq., contracts with municipal units entered into or renewed after June 30, 2012, must include the Iran Investment Activities certification, which certification is set forth and incorporated into Contract Number 49-2010 as follows: IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this �Agreem�lent that this cer AficatAon. is no longer valid, Cil- shall not{fy Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no Ionger valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. Page 2 of 3 7. Contractor agrees that no work shall commence until the City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7- 11(a)(2). Both parties hereby agree that with the exception of the addition of the landbanked property and corresponding increase in compensation as set forth above, and the addition of the E-Verify Program Requirements and the Iran Investment Activities Certification, Contract No. 49-2010 shall remain intact and unchanged and in full force and effect. 9. Both parties agree that any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Addendum. IN WITNESS WHEREOF, this Addendum is executed and approved by the undersigned representatives of the City and Contractor this /,/OAday of , 2013 THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: I?E4 . �x Vicki Robinson, President By: Dian Lawson, Member Anthony L. Foster, II, Member tlr Pl\V VTL� Sarah L. Hutton, Mayor Date: "CONTRACTOR" STAR DEVELOPMENT, INC. 220 West Main Street Cambridge City, IN 47327 By: Ck4CL Md 1 YC#McCarty, President Date: ` aq, //3 Page 3 of 3 E(HIBIT . 1 OF Star Development 220 West Main Street Cambridge City, IN 47327 This is to acknowledge that contract clarification for program delivery, environmental review and lead hazard testing documents for: 333 South 10t' Street $2,300.00 201 South 11th Street $2,300.00 339 South 101h Street $2,300.00 224 South 11th Street $2,300.00 135 South llth Street $2,300.00 524 South 7th Street $2,825.00 601 South 7th Street $2,825.00 239 South 7t Street $S,060.00 217 South 6th Street $5,060.00 625 South 71Street $5,060.00 312 South 13th Street $5,060.00 417 South 7th Street $5,060.00 Are attached to Contract #49-2010 Title: l Date: ITX7H1B—[TM:PAGE .J _OF Amendment to Star Development, Inc. Contract As of the day of 2013, the contract #49-2010 between the City of Richmond and Star Development, Inc. will have additional changes as follows: A. Environmental Review fee not to exceed $900.00 B. Grant Administration fee not to exceed $7,000.00 C. Program Delivery fee not to exceed $1,000.00 !_ D. Lead Based Paint Clearance Test $350.00 These changes are due to an increase iii funding in the amount of $168,000.00 to address the rehabilitation of 200 South 14th Street. These changes coincide with the Indiana Housing and Community Development Authority grant agreement budget. All fees to be paid through grant funds awarded, as per original contract. These changes are the only changes to the original contract. The entire remainder of the original contract remains in full force. IN WITNESS WHEREOF, City of Richmond and Star Development, Inc. do sign and agree. City of Richmond, Indiana By and through its Board of Public Works By: President, Board of Public Works Date: Star Development, Inc. By: e Joyce cCa y, President Date: