Agreement - DCI Legal Services Agreement

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B. Point of Contact. The Commission hereby designates the Contract Administrator to serve on behalf of the Commission as the Provider's principal point of contact for purposes of this Agreement. The Contract Administrator will be responsible for the provision of relevant information to the Provider concerning the Projects and any Requested Services to be rendered by the Provider in connection with the Projects. The parties acknowledge and agree that any employee of the City of South Bend rendering the Requested Services to the Commission under this Agreement will remain an employee of the City of South Bend and will report to his or her supervisor(s) as determined by the head of the Legal Department. SECTION 4. Compensation. A. Fees for Services. As compensation for the Requested Services, the Commission agrees to pay the Provider a flat fee for each respective calendar year during which this Agreement is in effect (the "Annual Fee"). For the first calendar year during which this Agreement is in effect (the "Base Year"), the Annual Fee shall be Seventy -Five Thousand Five Hundred Dollars ($75,500.00). For any calendar year after the Base Year during which this Agreement remains in effect, the Annual Fee shall be equal to One Hundred Two percent (102%) of the Annual Fee for the previous calendar year. B. Invoices. On a quarterly basis, the Provider shall submit to the Commission an invoice for a progress payment equal to one -quarter (1/4) of the effective Annual Fee. Each quarterly invoice will identify the name and Area of each Project for which the Provider rendered the Requested Services during such quarter. The Commission agrees to pay each such invoice within thirty (30) days of receipt. In the event this Agreement terminates as provided in Section 6, all non -disputed sums owing and due the Provider for services rendered shall be paid within thirty (30) days of receipt of any invoice. C. Reimbursable Expenses. The Commission shall not reimburse the Provider for expenses unless such expenses have been approved in writing by the Commission. Expenses which may be reimbursed under this provision shall be reasonable and necessary, and shall relate to the Projects of the Commission. All claims for reimbursement of expenses shall be supported by a detailed itemization of the expense including invoices or receipts with the nature of the claim incurred. D. Subject to Appropriations. Notwithstanding any provision to the contrary, the Commission's payments required under this Agreement are subject to the appropriation of sufficient funds by the Commission in accordance with I.C. 36-7-14. SECTION 5. Term. The term of this Agreement (the "Term") shall commence on January 1, 2017, and shall terminate in accordance with Section 6 of this Agreement or upon the parties' mutual agreement. If not terminated under Section 6 of this Agreement or by the parties' mutual agreement, this Agreement shall automatically renew on an annual basis. 3