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xONY y<fa <br />�m <br />-1 <br />SF )w FLOP <br />CITY o� W nNo s <br />THIS FIFTH AMENDMENT TO THE AGREEMENT between the CITY OF <br />FIFTH AMENDMENT TO THE PROJECT AGREEMENT BETWEEN THE CITY <br />OF SUNNY ISLES BEACH AND CRAIG A. SMITH & ASSOCIATES <br />SUNNY ISLES BEACH #".ity") and CRAIG A. SMITH & ASSOCIATES ("Consultant"), <br />executed this day of`J2024, is made a part of the original Project Agreement ("Agreement") <br />dated May 30, 2021, between the City and Consultant, as amended, a copy of which is attached hereto <br />as Attachment "A." The City and Consultant hereby agree as follows: <br />1. TERM. In accordance with Section 6 of the Agreement, effective July 1, 2024, the Term <br />of the Agreement is extended for an additional two (2) year term. <br />2. ADDITIONAL SERVICES. Pursuant to Section 4.3 of the Agreement, the Parties hereby <br />wish to add additional services to be performed by Consultant, in the form of providing assistance <br />in the design for the conversion of existing gravity storm drainage wells to injection wells, as more <br />particularly set forth in Attachment "B." <br />3. ADDITIONAL COMPENSATION. Section 4.1 of the Agreement is amended to <br />supplement the total compensation to Consultant, for the additional services set forth herein and <br />in Attachment "B," in an amount not to exceed Three Hundred One Thousand Eight Hundred <br />Dollars and No Cents ($301,800.00). <br />4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, <br />all terms and conditions of the original Project Agreement between the parties dated May 30, 2021, <br />shall remain in full force and effect. <br />5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions <br />contained in this Fifth Amendment shall prevail and be given superior effect and priority over any <br />conflicting or inconsistent terms, statements, requirements or provisions contained in any other <br />document or attachment, including but not limited to Attachment "A," and "B." <br />[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br />[SIGNATURE PAGE TO FOLLOW] <br />CRAIG A. SMITH — FIFTH AMENDMENT Page 1 of 4 210 <br />