Professional Services Agreement - Certstaffix Training - Pathways On-Demand Program

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PAYMENT AGREEMENT This Payment Agreement (this "Agreement") is made on January 22, 2019, by and between the City of South Bend, Indiana (the "City"), acting by and through its Board of Public Works ("BPW") on behalf of its Department of Community Investment ("DCI"), having its offices at 1400 S County -City Building, 227 West Jefferson, South Bend, Indiana, 46601 and Certified Staffing Solutions, Inc. d/b/a Certstaffix Training ("Provider"), a New York corporation having an address at 1657 Commerce Drive, Suite 9B, South Bend, Indiana 46628. WITNESSETH: WHEREAS, BPW is a contracting body of the City and, pursuant to the Indiana Code, has the power and duty to assist the City executives in the efficient government of the City; and WHEREAS, BPW has contracted for programs intended to assist the City in community and economic development through efforts promoting workforce solutions for people, businesses, and communities; and WHEREAS, the City previously assisted the Northern Indiana Workforce Investment Board Inc., an Indiana non-profit corporation ("NIWB"), by providing funding for workforce training programs for the development and benefit of the people, business, and the City; and WHEREAS, NIWB entered into a contract to provide workforce training programs for a local employer, Business Interactions, LLC d/b/a Harmony Healthcare IT, an Indiana limited liability company ("MIT"), wherein NIWB contracted with the Provider to provide the workforce training programs to certain of HHIT's employees (the "NIWB Contract"); and WHEREAS, NIWB has completed and paid for training for certain of HHIT's employees, but it does not have funding available to pay the Provider for training provided to one HHIT employee pursuant to the NIWB Contract; and WHEREAS, the City is willing to directly pay Provider for such training provided under the NIWB Contract as set forth in the invoice attached as Exhibit .; and NOW THEREFORE, in consideration of the foregoing recitals and the obligations contained in this Agreement, the parties now agree as follows: EM4N I.. Payment. The City shall pay within forty-five (45) days of the execution of this Agreement the attached invoice in an amount not to exceed Two Thousand One Hundred Fifty Dollars ($2,150.00) for services provided through February 7, 2019, pursuant to the NIWB Contract. SECTION 2.. No Fiduciary Duty. This Agreement is not intended to, and does not, create, impose, or imply any fiduciary