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<br />Page 12 of 16 <br /> <br /> Kara Boyles, City Engineer <br /> City of South Bend <br /> County-City Building, 13th Floor N <br /> 227 West Jefferson Blvd. <br /> South Bend, Indiana 46601 <br /> <br /> With a copy to: <br /> Corporation Counsel <br /> City of South Bend <br /> County-City Building, 12th Floor N <br /> 227 West Jefferson Blvd. <br /> South Bend, Indiana 46601 <br /> <br /> <br />3.32. Order of Precedence; Incorporation by Reference. [OMITTED – NOT <br />APPLICABLE.] <br /> <br />3.33. Ownership of Documents and Materials. [OMITTED – NOT APPLICABLE.] <br /> <br />3.34. Payments. <br /> <br />A. All payments to the CITY, if any, shall be made thirty-five (35) days in arrears in <br />conformance with State fiscal policies and procedures and, as required by IC § 4-13-2- <br />14.8, the direct deposit by electronic funds transfer to the financial institution designated <br />by the CITY in writing unless a specific waiver has been obtained from the Indiana <br />Auditor of State. No payments will be made in advance of receipt of the goods or services <br />that are the subject of this Agreement except as permitted by IC § 4-13-2-20. <br /> <br />B. [Omitted-Not Applicable] <br />3.35. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required <br />obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or <br />attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34-13-1. <br />Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s <br />failure to make prompt payment shall be based solely on the amount of funding originating from the <br />State and shall not be based on funding from federal or other sources. <br /> <br />3.36. Progress Reports. [OMITTED – NOT APPLICABLE.] <br /> <br />3.37. Public Record. The CITY acknowledges that the State will not treat this Agreement as <br />containing confidential information and will post this Agreement on its website as required by <br />Executive Order 05-07. Use by the public of the information contained in this Agreement shall not <br />be considered an act of the State. <br /> <br />3.38. Renewal Option. This Agreement may be renewed under the same terms and conditions, <br />subject to the approval of the Commissioner of the Department of Administration and the State <br />Budget Director in compliance with IC §5-22-17-4. The term of the renewed Agreement may not be <br />longer than the term of the original Agreement.