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1 <br />FIFTH AMENDMENT TO ENGINEERING SERVICES AGREEMENT <br /> <br /> This Fifth Amendment to Engineering Services Agreement (this “Fifth Amendment”) is <br />made effective as of January 1, 2023 (the “Effective Date”), by and between the South Bend <br />Redevelopment Commission, the governing body of the City of South Bend Department of <br />Redevelopment (the “Commission”), and the Civil City of South Bend, an Indiana municipal <br />corporation, acting by and through the South Bend Board of Public Works (the “Provider”). <br /> <br />RECITALS <br /> <br />A. The Commission and the Provider entered into that certain Engineering Services <br />Agreement dated November 22, 2016, as amended by the First Amendment to Engineering <br />Services Agreement dated April 13, 2017, the Second Amendment to Engineering Services <br />Agreement dated March 13, 2018, a Third Amendment to Engineering Services Agreement dated <br />April 25, 2019, and a Fourth Amendment to Engineering Services Agreement dated effective <br />January 1, 2020 (collectively, the “Services Agreement”), for the provision of engineering services <br />to the Commission in relation to the Commission’s Projects (as defined in the Services <br />Agreement). <br /> <br />B. The Commission and the Provider wish to amend the Services Agreement to extend <br />the term of the Services Agreement for an additional three (3) years commencing on the Effective <br />Date as set forth in this Fifth Amendment. <br /> <br /> NOW, THEREFORE, in consideration of the mutual promises and obligations in this <br />Fourth Amendment and the Services Agreement, the adequacy of which consideration is hereby <br />acknowledged, the Parties agree as follows: <br /> <br />1. As of the Effective Date, Section 4.A. of the Services Agreement shall be amended <br />to include the following at the end of the existing table: <br /> <br />Period Position Annual Fee <br />January 1 to December <br />31, 2023 <br />Engineer I $ 60,000.00 <br />Engineer II $ 65,000.00 <br />Assistant City Engineer $ 73,000.00 <br />Total for 2023 $198,000.00 <br />January 1 to December <br />31, 2024 <br />Engineer I $ 61,200.00 <br />Engineer II $ 66,300.00 <br />Assistant City Engineer $ 74,460.00 <br />Total for 2024 $201,960.00 <br />January 1 to December <br />31, 2025 <br />Engineer I $ 62,424.00 <br />Engineer II $ 67,626.00 <br />Assistant City Engineer $ 75,949.20 <br />Total for 2025 $205,999.20 <br /> <br />2. Section 5 of the Agreement shall be amended to delete the term "December 31, <br />2022" and replace it with "December 31, 2025."