Agreement for Services - South Bend Housing Authority - Operations Manager 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, acting by and through its Board of Public Works on behalf of its Department of Community Investment (the "City"), and the South Bend Housing Authority (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 � shrbit. .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. C,ollipeiisat oo—. 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 Sixty -Five Thousand Dollars ($65,000.00) (the "Contract Amount"). The City will pay the Contract Amount 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. 3. "J.'erm � crniinati il, Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end on May 31, 2020. The Parties may renew this Agreement at the same annualized Contract Amount for the duration of the Program, provided that the City is satisfied with the Provider's performance. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with applicable laws, payments are subject to annual appropriation. If the City Controller makes a written determination