Amendment No 5 to Beck's Lake Project Consulting Agreement - Veritas Consulting, LLC

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FIFTH AMENDMENT TO BECK'S LAKE PROJECT CONSULTING AGREEMENT This Fifth Amendment to Beck's Lake Project Consulting Agreement (this "Fifth Amendment") is made effective as of January 1, 2024 (the 'Effective Date"), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works, having its principal offices at 227 W. Jefferson Blvd., South Bend, IN 46601 (hereafter the "City"), and Veritas, LLC, owned by Mr. Richard T. Brown, with primary offices at 30845 Rockinghorse Lane, Niles, MI 49120 (hereafter the "Contractor") (each a "Party" and collectively, the "Parties"). RECITALS A. The City and the Contractor entered into that certain Beck's Lake Project Consulting Agreement dated June 26, 2018 (the "Agreement"), consulting period from July 1, 2018, through December 31, 2020, for provision of project coordinator services to the City and Honeywell International, Inc., to manage the Superfund project, as defined in the Agreement; and B. The City and the Contractor entered into a First Amendment of the Agreement effective January 1, 2020, extending the consulting period until December 31, 2020; and C. The City and the Contractor entered into a Second Amendment of the Agreement effective January l, 2021, extending the consulting period until December 31, 2021; and D. The City and the Contractor entered into a Third Amendment of the Agreement effective January 1, 2022, extending the consulting period until December 31, 2022; and E. The City and the Contractor entered into a Fourth Amendment of the Agreement effective January 1, 2023, extending the consulting period until December 31, 2023; and F. The City and the Contractor now desire to further amend the terms of the Consulting Agreement to extend the consulting period through December 31, 2024 in this Fifth Amendment. NOW THEREFORE, in consideration of the mutual promises and obligations in this Fifth Amendment, Fourth Amendment, Third Amendment, the Second Amendment, the First Amendment and the Consulting Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Section l(a) of the Agreement is amended as follows: Term. The term of the Agreement is extended through December 31, 2024. 2. Section 5(a) of the Agreement is amended as follows: Compensation. Compensation will be at One Hundred Dollars ($100.00) per hour, with the total not to exceed $80,000 during the 2024 term of the Agreement. 3. The "Funding and Timeline" section of Exhibit A is amended as follows: