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1 <br /> <br />SECOND AMENDMENT TO BECK’S LAKE PROJECT <br />CONSULTING AGREEMENT <br /> <br /> This Second Amendment to Beck’s Lake Project Consulting Agreement (this “Second <br />Amendment”) is made effective as of January 1, 2021 (the ‘Effective Date”), by and between the <br />City of South Bend, Indiana, acting by and through its Board of Public Works, having its <br />principal offices at 227 W. Jefferson Blvd., South Bend, IN 6601 (hereafter the “City”), and <br />Veritas, LLC, owned by Mr. Richard T. Brown, with primary offices at 30845 Rockinghorse <br />Lane, Niles, MI 49120 (hereafter the “Contractor”) (each a “Party” and collectively, the <br />“Parties”). <br />RECITALS <br /> <br /> A. The City and the Contractor entered into that certain Beck’s Lake Project <br />Consulting Agreement dated June 26, 2018 (the “Agreement”), consulting period from July 1, <br />2018 through December 31, 2018, for provision of project coordinator services to the City and <br />Honeywell International, Inc., to manage the Superfund project, as defined in the Agreement; <br />and <br /> <br /> B. The City and the Contractor entered into a First Amendment of the Agreement <br />effective January 1, 2018, extending the consulting period until December 31, 2020; and <br /> <br /> C. The City and the Contractor now desire to further amend the terms of the <br />Consulting Agreement to extend the consulting period through December 31, 2021 in this <br />Second Amendment. <br /> <br /> NOW THEREFORE, in consideration of the mutual promises and obligations in this <br />Second Amendment, the First Amendment and the Consulting Agreement, the adequacy of <br />which consideration is hereby acknowledged, the Parties agree as follows: <br /> <br />1. Sections 1(a) and 5(a) of the Agreement are amended as follows: <br /> <br />(a) Term. The term of the Agreement is extended through December 31, 2021. <br /> <br />(b) Compensation. Compensation will be at One Hundred Dollars ($100.00) per <br />hour, with the total not to exceed $200,000 during the 2021 term of the <br />Agreement. <br /> <br />2. The “Funding and Timeline” section of Exhibit A is amended as follows: <br /> <br /> Funding and Timeline <br />(a) The fee for calendar year 2021 is One Hundred Dollars ($100.00) per <br />hour for up to 2,000 hours of works, i.e., up to $200,000. Hours will be <br />recorded each month and invoiced on the last day of the month. <br />(b) Agreement expires on December 31, 2021. <br />(c) Contractor will spend on average approximately 16 hours per week on the <br />Project with the understanding that the nature of this Project may require