Agreement - Goodwill Industries of Michiana - Outreach Team to Support Group Violence Intervention

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provide the City with a final accounting of the use and disposition of the Contract Amount by the Organization. Unless otherwise authorized by the City or required by law, such records shall be maintained by the Organization for a period of four (4) years of the date of this Agreement. The Organization understands and agrees to comply with the legal requirements of Ind. Code 5-14-3- 1 et seq. (commonly known as Indiana's Access to Public Records Act), if applicable, with respect to all documentation related to the Program. 7. Audit Requirements. The Organization agrees to make all information available to the Indiana State Board of Accounts, the City's Internal Auditor (as defined below), and the Contract Administrator as requested to comply with any audit requested related to the receipt and use of the Contract Amount and the Organization's performance in delivering the Program in accordance with the provisions of this Agreement. If requested by the City or the City's Internal Auditor, the Organization shall arrange for a financial and compliance audit of the Contract Amount to be conducted by the City, an independent public or certified public accountant, or, as applicable, the Indiana State Board of Accounts and in accordance with applicable Indiana State Board of Accounts standards. The City's Internal Auditor shall mean the City Controller or Acting City Controller appointed pursuant to Ind. Code 36-4-9-6 (the "City Controller") or any person appointed or retained by the City Controller or the City for the purpose of auditing the Organization for this Agreement or other agreements of the City. 8. Con icts o Interest. The Organization hereby certifies and agrees that no member, officer, or employee of the City, or its designees or agents, and no member of the governing body of the City of South Bend or the Organization (and no one with whom there is a family or business tie) who exercises any functions or responsibilities with respect to the receipt and use of City funds during his or her tenure or for one year thereafter, shall have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds thereof; for work to be performed in connection with the Program. 9. Relationship. The Organization shall at all times be an independent contractor for the performance of the Program rather than an employee of the City, and no act, action or omission to act by the Organization shall in any way bind or obligate the City. Any and all employees of the Organization, including all employees hired to carry out the Program, will at all times remain employees of the Organization and will not constitute or be deemed to constitute employees of the City. This Agreement is strictly for the benefit of the parties and not for any third party or person. This Agreement was negotiated by the parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Organization hereby renounce the existence of any form of agency relationship, joint venture or partnership between the Organization and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Organization. .10. .Indemnification of City. The Organization hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims, liabilities, damages, and costs (including attorney fees) of any nature which arise from the Program or the 3