|
notice), the City of South Bend, Indiana Board of Public Works will be responsible for 100% of the
<br />quoted cost. If the City of South Bend, Indiana Board of Public Works reschedules activity to start
<br />within the next (3) months, the City of South Bend, Indiana Board of Public Works will be charged
<br />a 10% non-refundable rescheduling fee not to exceed $500.
<br />WA may terminate the project when expenditures reach the price stated in proposal unless the
<br />City of South Bend, Indiana Board of Public Works and WA establish a revised price and make a
<br />written modification to this agreement. The City of South Bend, Indiana Board of Public Works
<br />will be responsible for charges incurred up to and including the termination. Paragraph 2 above,
<br />also provides for other conditions in which WA may terminate this agreement.
<br />F. Standards of Performance
<br />WA warrants only that the project work will be conducted in accordance with generally accepted
<br />standards applicable to such work. WA' program managers, workforce development consultants,
<br />faculty and other employees and contractors shall be required only to use their best effort, to
<br />assign to the project personnel with appropriate professional competence and training. WA and
<br />program managers, workforce development consultants, faculty, and other employees and
<br />contractors may, in the performance of the work, rely on published technical data, methodologies,
<br />scientific principles, and other information which it or they reasonably believe to be reliable, and
<br />shall not be responsible for the consequences of any errors or deficiencies in such material.
<br />G. Confidentiality of Workforce Alignment Data
<br />The City of South Bend, Indiana Board of Public Works understands and agrees that WA data,
<br />materials, and information disclosed to the City of South Bend, Indiana Board of Public Works
<br />may contain confidential and protected information. WA covenants that data, material, and
<br />information gathered, based upon or disclosed to the City of South Bend, Indiana Board of Public
<br />Works for the purpose of this Contract will not be disclosed to or discussed with third parties
<br />without the prior written consent of WA. The parties acknowledge that the services to be
<br />performed by WA for the City of South Bend, Indiana Board of Public Works under this Contract
<br />may require or allow access to data, materials, and information containing "Personally Identifiable
<br />Information", (PII), maintained by WA in its computer system or other records. If any PII is/are
<br />disclosed by the City of South Bend, Indiana Board of Public Works, the City of South Bend,
<br />Indiana Board of Public Works agrees to pay the cost of the notice of disclosure of a breach of
<br />the security of the system in addition to any other claims and expenses for which it is liable under
<br />the terms of this contract.
<br />Notwithstanding anything to the contrary, nothing in this Contract will preclude the City of South
<br />Bend, Indiana Board of Public Works from disclosing confidential information as required by law
<br />(including, without limitation, any applicable public access laws). The City of South Bend, Indiana
<br />Board of Public Works may disclose the WA's confidential information to the extent required by
<br />law, regulation, professional standard, discovery process, order of a court, or governmental
<br />agency requirement. However, the City of South Bend, Indiana Board of Public Works will give
<br />WA prompt notice (to the extent such notice is not prohibited by law or applicable order) to permit
<br />WA an opportunity to obtain a protective order or otherwise protect the confidentiality of such
<br />information, all at the WA's cost and expense.
<br />H. Ownership of Documents and Materials
<br />All right, title, and interest in and to any deliverable items, together with any software,
<br />documentation, utilities, tools, methodologies, specifications, techniques, and other materials or
<br />know-how developed by or on behalf of Ivy Tech Workforce Alignment during and in the course of
<br />providing deliverable items shall become the sole and exclusive property of Ivy Tech Workforce
<br />Alignment.
<br />Page 3 of 4
<br />
|