PSA - Inspections and Education for IHCDA Lead Grant - St. Joseph County Health Department

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AGREEMENT FOR SERVICES This Agreement for Services (this "Agreement") is made effective as of April 15, 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 St. Joseph County Health Department (the "Provider") (each a "Party" and collectively the "Parties"). RECITALS A. The City applied for and received grants from the Indiana Housing and Community Development Authority Lead Hazard Reduction Program (the "Program"). B. In connection with the Program, the Parties desire to commit formally to certain activities to further the City's administration of the Program. For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. vices. The Provider will provide to the City the services (the "Services") set forth in the attached ExIiibit 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. Conipensation. 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 for each service provided as set forth in the Scope of Work and identified as a line item on an undisputed invoice provided to the City within thirty (30) days of the City's receipt thereof (each a "Contract Installment"). The City will not be required to pay a Contract Installment if the City any default or breach of this Agreement by the Provider exists. In the event of a dispute between the Parties with regard to an invoice item or the adequate performance of the Services, the City's payment obligations only for such disputed items shall be suspended until the Parties have discussed the matter and agreed upon a solution. For clarity, if the work must be performed again due to additional requirements of the City or the Program, the Provider shall be compensated at an hourly rate as set forth on the Scope of Work. 3. Tenn, Termillation.. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end on December 31, 2020. 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 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 Controller that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay or be otherwise liable for any