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1 <br />SIXTH AMENDMENT TO ENGINEERING SERVICES AGREEMENT <br />This Sixth Amendment to Engineering Services Agreement (this “Sixth Amendment”) is <br />made effective as of January 1, 2024 (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 />RECITALS <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, a Fourth Amendment to Engineering Services Agreement dated effective January <br />1, 2020, and a Fifth Amendment to Engineering Services Agreement dated effective January 1, <br />2023 (collectively, the “Services Agreement”), for the provision of engineering services to the <br />Commission in relation to the Commission’s Projects (as defined in the Services Agreement). <br />B.The Commission and the Provider wish to amend the Services Agreement to extend <br />the term of the Services Agreement and provide for automatic renewal on an annual basis, <br />commencing on the Effective Date as set forth in this Sixth Amendment. <br />NOW, THEREFORE, in consideration of the mutual promises and obligations in this Sixth <br />Amendment and the Services Agreement, the adequacy of which consideration is hereby <br />acknowledged, the Parties agree as follows: <br />1.As of the Effective Date, Section 4.A. of the Services Agreement shall be deleted in its <br />entirety and replaced with the following: <br />A.Fees for Services. The Provider will render the Requested Services <br />to the Commission through the work of the Provider’s employees holding the <br />position titles “Assistant City Engineer,” "Senior Engineer," and "Project <br />Engineer." As compensation for the Requested Services, the Commission agrees <br />to pay the Provider a flat fee for each respective calendar year during which this <br />Agreement is in effect (the “Annual Fee”). Commencing on the effective date, the <br />Annual Fee shall be the maximum payable salary for one (1) Assistant City <br />Engineer, the maximum payable salary of one (1) Senior Engineer, and one-fourth <br />(¼) the maximum payable salary for one (1) Project Engineer as set forth in the <br />applicable annual City salary ordinance, which, as of the Effective Date, equates to <br />a total of Two Hundred One Thousand One Hundred Sixty Dollars ($201,160.00).