PSA - Restoration Design and Assistance with Historic Preservation Grant – K.W. Garner Consulting & Design

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AGREEMENTFOR PROFESSIONALSERVICES This Agreement For Professional Services (is entered into on _________________, 2020(, by and between the Cityof South Bend, acting by and through its Board of Public Worksity,andK. W. Garner Consulting & Design, th with an office at 12954 6Road,Plymouth, Indiana 46563( For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1.Services.The Providerwillprovide to the Citythe professional servicesfor Phase II of the Walker Field Shelter House Preservation Project(tset forth in the Exhibit AProposal, which Proposal is 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. 2.Compensation. In Services, and subject to the terms and conditions of this Agreement, the Citywill pay the Provider an amount not to exceed Nine Thousand Two Hundred Fifty Dollars ($9,250.00),inclusive of reimbursable expenses in accordance with the project budget stated in theProposal.The Citywill pay the Contract Amount in installments upon invoicing by the Provideras set forthin the ProposalThe Citywill not be required to pay any Contract Installment if the City this Agreement or any default or breach of this Agreement by the Provider exists, as the Citymay determine in its solediscretion. The sum of all 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.Term; Termination.Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effe . Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the Citymay terminate this Agreement, in whole or in part, for any reason, if the Citydetermines that such termination is in the best interest of the City.In addition, inaccordance with Ind. Code 6-1.1-18- 4, payments are subject to annual appropriation by the City. If the Citymakes 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 Citythat funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The Citywill notbe required to pay any Contract Installment orbeotherwise liable for any cost associated with the after the effective date of termination. 4.Remedies for Breach of Contract. Failure to complete the Servicesin accordance 1