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O qp <br />fl7i µµ %� <br />//� %l�`�Van, u#�rflal'Pob6enu Kryrm�12r S"6mt'Y, <br />O IVY S LP rII I I G A G IR E.." 1E IM I . IN1 I <br />This Consulting Agreement (the "Agreement") is entered into on November 13, 2o18, <br />by and between Thie._ ity^,gf South Bend, Indiana, a Indiana municipal corporation, <br />acting by and through its Board of Public Works, having its principal offices 227 W. <br />Jefferson Blvd;, SgLgh Bead �I _ C �i (hereinafter referred to as "Sponsor"), and <br />enFocus, a 501 c (3) organization, having its principal offices at Studebaker Building <br />113, 635 S Lafayette Boulevard, South Bend, IN 466oi (hereinafter referred to as .a'JInSuklin <br />"Consultant"). <br />.gI"C f:' rI"'i e n t <br />WHEREAS, the Sponsor desires to obtain the services of Consultant, and Consultant <br />desires to provide consulting services to the Sponsor upon the terms and conditions Noven,ibee' x018 <br />in this Agreement. <br />S, If C II II 0 \1 -L C 0 B`',,I S, I. I ` J G II f'': IIR II 0IC <br />(a) Term - The Sponsor hereby retains the Consultant and Consultant agrees to <br />render to the Sponsor those services described in Scope of Services, Exhibit A, <br />incorporated by reference and attached hereto, for the period (the "Consulting <br />Period") commencing on November 13, 2o18 and ending on July 26, 2019. <br />(b) Termination - At any time, either party may terminate, without liability, the <br />Consulting Period for any reason, with or without cause, by giving 3o days advance <br />written notice to the other party. The Sponsor shall pay Consultant for work <br />completed as of the date of termination, provided, however, that the Sponsor will <br />have no obligation to pay the Consultant for any portion of the Consultant's work <br />with which the Sponsor is dissatisfied, as determined in the Sponsor's sole discretion. <br />fl II C N 0"J 2 U II II S A I` iI II.D Il?, S IfP 0 [\1 S I ! 3 II I, .I II II I:II: <br />(a) Consultant hereby agrees to provide and perform for the Sponsor those <br />services set forth in Exhibit A. <br />(b) Consultant will execute its obligations under this Agreement in accordance <br />with the prevailing professional standard of care for projects of similar design and <br />complexity. <br />S I m" O II 0\J mu C OKV 'I I . II S A�� II O IP,J IG XI I II :: II` I II S IP1f II" I:. V"III , IC II: " I II.... I III S <br />(a) In consideration of the services rendered by the Consultant under this <br />Agreement, the Sponsor shall pay the Consultant an amount not to exceed Twenty - <br />Eight Thousand Dollars ($28,000.00) (the "Contract Amount"), as further specified in <br />Exhibit A. Notwithstanding the foregoing sentence, the Sponsor will not be required <br />to pay any portion or installment of the Contract Amount if the Sponsor is not <br />satisfied with the Consultant's performance under this Agreement or any default or <br />breach of this Agreement by the Consultant exists, as the Sponsor may determine in <br />its sole discretion. <br />(b) Payment Terms. Invoices shall be presented as set forth in Exhibit A, and <br />