Contract - Northern Indiana Workforce Board - Pathways Program

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as required by I.C. 5-22-17-3 and authorized the expenditure of these funds for the purposes set forth in this Agreement; and WHEREAS, this Agreement hereby supersedes and replaces any and all writings or pre- existing Agreements between NIWB and the City of South Bend, Indiana and any such pre- existing agreement between NIWB and the City of South Bend, Indiana shall be considered void. NOW THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the parties now agree as follows: SECTION 1. Definitions. For purposes of this Agreement, the following terms have the meanings referred to in this Section: BPW: The term `BPW" shall mean the Board of Public Works of the City of South Bend. City Controller: The term "City Controller" shall mean the City Controller or Acting City Controller appointed pursuant to Indiana Code § 36- 4-9-6. City's Internal Auditor: The term "City's Internal Auditor" shall mean the City Controller or any person appointed or retained by the City Controller or the Commission for the purpose of auditing the Provider for this Agreement or other agreements of the City. Competitive Bidding Requirements: Indiana Code § 36-1-12 with respect to contracts for construction, reconstruction, alteration, repair or renovation of a structure or improvement, and Indiana Code § 5-22 and Common Council Resolution 2690-98 to other transactions. Contract Administrator: The term "Contract Administrator" shall refer to the Assistant Executive Director of the Department of Community Investment, City of South Bend. Effective Date: The term "Effective Date" shall have the meaning ascribed to such term in the opening paragraph of this Agreement. Expiration Date: The term "Expiration Date" shall mean December 31, 2017 Requested Services: The term "Requested Services" shall mean the services described at EXHIBIT "A" as well as other related expertise and assistance to the City by Provider. 2