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GI FSEMENr FOR SERVICES AND MATCHING G"RA 1'T <br />This Agreement for Services (this "Agreement") is made effective as of January 1, 2020 <br />(the "Effective Date"), by and between the City of South Bend, Indiana, acting by and through its <br />Board of Public Works on behalf of its Department of Community Investment (the "City"), and <br />the St. Joseph County Health Department (the "Provider") (each a "Party" and collectively the <br />"Parties"). <br />RECITALS <br />A. The City applied for and received a grant under the Lead -Based Paint Hazard <br />Reduction Program FR-6200-N-12 (the "Program"). <br />B. As a part of its application to the Program, the City and the Provider entered into <br />a Letter of Understanding, dated July 27, 2018, in which the Parties committed to certain <br />activities to further the City's administration of the Program (the "Letter"). <br />C. The Parties now desire to formally memorialize the commitments set forth in the <br />Letter. <br />For and in consideration of the mutual covenants and promises contained herein, the Parties <br />agree as follows: <br />1. Services. The Provider will provide to the City the services (the "Services") set <br />forth in the attached Exhibit A (the "Scope of Work"). In the event of any conflict between the <br />terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will <br />prevail. The Provider will execute its obligations under this Agreement in accordance with the <br />prevailing professional standard of care for projects of similar design and complexity. <br />2. Conil nsation. In exchange for the Provider's performance of the Services, <br />and subject to the terms and conditions of this Agreement, the City will pay <br />the Provider a total sum under this Agreement not to exceed Forty Thousand <br />Dollars ($40,000.00) (the "Contract Amount") for each service provided as <br />set forth in the Scope of Work and identified as a line item on an undisputed <br />invoice provide to the City with thirty (30) days of the City's receipt thereof <br />(each a "Contract Installment"). . . The City will not be required to pay a <br />Contract Installment if the City is not reasonably satisfied with the <br />Provider's performance under this Agreement or any default or breach of <br />this Agreement by the Provider exists, as the City may determine in its sole <br />discretion. In the event of a dispute between the Parties with regard to an <br />invoice item or the adequate performance of the Services, the City's <br />payment obligations only for such disputed items shall be suspended until <br />the Parties have discussed the matter and agreed upon a solution. For <br />clarity, if the work must be performed again due to additional requirements <br />of the City or the Program, the Provider shall be compensated at an hourly <br />rate as set forth on the Scope of Work. <br />