Laserfiche WebLink
AGREEMENT FOR GOODS AND SERVICES <br />This Agreement for goods and services (this "Agreement") is entered into on December <br />1 lth, 2018 (the "Effective Date"), by and between the City of South Bend, acting by and through <br />its Board of Public Works (the "City"), and Sinclair Recreation, LLC a Michigan corporation, <br />with its Principal place of business located at 128 E. Lakewood Blvd, STE 40, Holland, MI <br />(the "Provider") (each a "Party" and collectively the "Parties"), <br />For and in consideration of the mutual covenants and promises contained herein, the Parties <br />agree as follows: <br />1. Goods and Services. The Provider will provide to the City the goods and services <br />("Goods and Services") set forth in the Provider's proposal attached hereto as Exhibit A (the <br />"Proposal"), which Proposal is incorporated herein. In the event of any conflict between the terms <br />of this Agreement and the terms of the Proposal, the terms of this Agreement will prevail. <br />2. f`onipensation. In exchange for the Goods and Services, and subject to the terms <br />and conditions of this Agreement, the City will pay the Provider the fee stated in the Proposal (the <br />"Contract Amount") in accordance with the project budget stated in the Proposal. The City will <br />pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Proposal <br />(each a "Contract Installment"). The City will not be required to pay any Contract Installment if <br />any material default or breach of this Agreement by the Provider exists. The sum of all Contract <br />Installments will not exceed the Contract Amount, and the Provider will not incur or seek <br />reimbursement for any expenses in excess of the Contract Amount. <br />3. 're n ; Terininationt, Unless earlier terminated in accordance with its terms, this <br />Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all <br />its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing, <br />effective immediately upon delivery of a written termination notice to the Provider, the City may <br />terminate this Agreement, in whole or in part, for any reason, if the City determines that such <br />termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18- <br />4, payments are subject to annual appropriation by the City. If the City makes a written <br />determination that funds are not appropriated or are otherwise unavailable to support the <br />continuation of this Agreement, it shall be cancelled. A determination by the City that funds are <br />not appropriated or are otherwise unavailable to support the continuation of performance shall be <br />final and conclusive. The City will not be required to pay any Contract Installment or be otherwise <br />liable for any cost associated with the Provider's performance of any Services after the effective <br />date of termination. <br />4. Remedies for Breach of Contract. Failure to provide the Goods and Services in <br />accordance with this Agreement will be considered a material breach. In the event of such breach, <br />the City may suspend all payments to the Provider and may pursue any and all remedies available <br />at law or in equity. The Provider shall repay to the City any portion of the Contract Amount <br />expended for matters not within the scope of the Services. <br />Point of Contact. The City employee identified in Section 9 below will serve as the <br />