Professional Services Agreement - University of ND - Sculptures for Public Art Pilot

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AGREEMENT FOR PROFESSIONAL SERVICES This Agreement For Professional Services (this "Agreement") is entered into on July 23, 2019 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Fr. Austin I. Collins, C.S.C., Professor of Sculpture, University of Notre Dame, Department of Art, Art History & Design, 124 Corby Hall, Notre Dame, Indiana 46556, ("Provider") (each a "Party" and collectively the "Parties"). 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 professional services (the "Services") set forth below and in F hibit A (the "Proposal"), which Proposal is attached and incorporated herein. In the event of any conflict between the terms of this Agreement and the terms of the Proposal, 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. a. Provider shall supply sculptures, agreed upon by the Provider and City, on a loan basis for a duration of at least 1 year from the date of installation of each sculpture, to be placed in City roundabouts, agreed upon by Provider and City, within the City limits of South. b. Sculpture loan period may be extended upon mutual agreement of the parties. c. Provider will assist City with transporting and overseeing installation of all loaned sculptures; and assist City with removal and transporting of all loaned sculptures upon expiration of the loan period. d. Provider will sandblast, paint, otherwise prepare and assist with transportation and oversee installation of the sculpture, titled, Temple Carousel, donated to the City by the South Bend Airport Authority. 2. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider an amount not to exceed five thousand ($5,000) dollars ("Contract Amount"). The City will pay the Contract Amount in a one-time lump sum payment upon invoicing by the Provider. The sum of any 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. 're m_Te i-niriatios��. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all its obligations hereunder. 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 Ind. Code 6-1.1-18-4, payments are subject to annual appropriation by the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or are otherwise unavailable to support 1