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Board of Accounts) and in accordance with applicable Indiana State Board of Account <br />standards. The City Internal Auditor shall mean the City Controller or Acting City <br />Controller appointed pursuant to Indiana Code § 36-4 9 6 (the "City Controller") or any <br />person appointed or retained by the City Controller or the City for the purpose of auditing <br />the Organization for this Agreement or other agreements of the City. <br />The City shall require governmental agency and nonprofit agency audits consistent <br />with 2 CFR Part 200 for those agencies that have combined receipts of federal financial <br />assistance totaling Seven Hundred Fifty Thousand Dollars ($750,000) or more in a fiscal <br />year (applicable to fiscal years starting on or after December 26, 2014). However, all <br />agencies receiving any award amount under this contract must submit, at a minimum, a <br />fiscal year end financial statement. Audits / financial statements must be submitted to the <br />City no later than nine (9) months after the end of the agency's fiscal year. <br />9. Conflicts of Interest. The Organization hereby certifies and agrees that no <br />member, officer, or employee of the City, or its designees or agents, and no member of the <br />governing body of the City of South Bend or the Organization (and no one with whom <br />there is a family or business tie) who exercises any functions or responsibilities with respect <br />to the receipt and use of city funds during his or her tenure or for one year thereafter, shall <br />have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds <br />thereof, for work to be performed in connection with the Program. To the extent the <br />Program involves the awarding of a contract or grant, the Organization shall not award the <br />same to a person or entity that creates a conflict of interest described in Indiana Code § 5-- <br />16-11-5.5. <br />10. Relationship. The Organization shall at all times be an independent <br />contractor for the performance of the Program rather than an employee of the City, and no <br />act, action or omission to act by the Organization shall in any way bind or obligate the City. <br />This Agreement is strictly for the benefit of the parties and not for any third -party or person. <br />This Agreement was negotiated by the parties at arm's length and each of the parties hereto <br />has reviewed the agreement after the opportunity to consult with independent counsel. <br />Neither party shall maintain that the language in the Agreement shall be construed against <br />any signatory hereto. The City and the Organization hereby renounce the existence of any <br />form of agency relationship, joint venture or partnership between the Organization and the <br />City and agree that nothing contained herein or in any document executed in connection <br />herewith shall be construed as creating any such relationship between the City and the <br />Organization. <br />11. Notices. Any notice required or permitted to be delivered hereunder shall <br />be deemed to be delivered, whether or not actually received, when deposited in the United <br />States Postal Service, postage prepaid, registered or certified mail, return receipt requested,' <br />addressed to the City or the Organization., as the case may be, at the address set forth below. <br />11 <br />