Agreement for Services - Near Northwest Neighborhood Inc - Outreach for Federal Lead Grant

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AGREEMENT FOR SERVICES This Agreement for Services (this "Agreement") is made effective as of May 1, 2019 (the "Effective Date"), by and between the City of South Bend, Indiana, an Indiana municipal corporation, acting by and through its Board of Public Works on behalf of its Department of Community Investment (the "City"), and Near Northwest Neighborhood, Inc., an Indiana nonprofit corporation (the "Provider") (each a "Party" and collectively the "Parties"). RECITALS A. The City applied for and received a grant under the Lead -Based Paint Hazard Reduction Program FR-6200-N-12 (the "Program"). B. As a part of its application to the Program, the City and the Provider entered into a Letter of Understanding, dated July 27, 2018, in which the Parties committed to certain activities to further the City's administration of the Program (the "Letter"). C. The Parties now desire to formally memorialize the commitments set forth in the Letter. For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the services (the "Services") set forth in the attached Exhibit A (the "Scope of Work"). In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Coninellsation. In exchange for the Provider's performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum under this Agreement not to exceed Thirteen Thousand Four Hundred Sixty -Seven Dollars ($13,467.00) (the "Contract Amount"). The City will pay the Contract Amount as a reimbursement as set forth in the Scope of Work (each a "Contract Installment"). The City will not be required to pay a Contract Installment if the City is not reasonably satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The sum of the Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. Notwithstanding the foregoing, the Parties acknowledge that they have concurrently entered into a contract regarding the same subject matter with funding from a separate source. The Parties acknowledge and agree that the terms of the concurrent contracts are meant to be complimentary. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end on May 31, 2020. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the