6.A.(1) Agreement for Services with Downtown South Bend

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SECTION 2. Retention and Acceptance of Provider, Schedule of Services. A. The Commission hereby retains the Provider to provide to the Commission the Requested Services that are more specifically described at EXHIBIT "A" attached hereto and incorporated herein. The Provider hereby accepts the appointment to provide the Requested Services to the Commission and agrees to provide the Requested Services under the terms and conditions set forth in this Agreement. B. Upon receipt of a notice to proceed from the Contract Administrator, the Provider shall commence the Requested Services in accordance with the terms and conditions of this Agreement including, but not limited to, the procedures prescribed by Indiana Code § 36-7-14, et seq. and the schedule established for the Project (the "Project Schedule") or as otherwise mutually agreed by the parties in writing. The Project Schedule is more particularly described at EXHIBIT "B" attached hereto and incorporated herein. The Provider hereby certifies that it has sufficient experience, expertise and financial aptitude to complete the Requested Services in the manner and within the timeframe set forth in the Project Schedule. C. Should the Provider fail to complete the Requested Services in accordance with the terms and conditions of this Agreement including, but not limited to, in accordance with the Project Schedule, the Contract Administrator may withhold payments due the Provider. Further, if any damages are imposed against the Provider, any monies due and payable to the City thereby, may be retained out of any monies earned by the Provider under the terms of this Agreement. An extension of time may be granted in the event of extenuating circumstances by the Provider applying for and receiving written permission for an extension of time from the Commission. SECTION 3. Parties' Responsibilities. A. Formation and Communications. The Commission shall provide all maps, reports, and other data requested by the Provider necessary for the Provider to accomplish the Requested Services. The Commission and the Provider agree that the Commission shall be permitted to obtain at no additional cost and to retain any and all documents prepared or caused to be prepared by the Provider in connection with the services to be provided by the Provider and the Provider agrees to provide the Commission with said documents upon request by the Commission. Said documents may be used by the City or others with respect to the Commission's undertakings with respect to the Project. B. Reports and Budgets. The Provider agrees to provide the Contract Administrator and the Internal Auditor with a report regarding the performance of the Requested Services and the status of the Project in relation thereto, at least every thirty (30) days following the Effective Date of this Agreement or upon the written request of 4