Addendum to Contract - Northern Indiana Workforce Board, Inc. - Increase Funds for Pathways Program

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H. Form 990. The Provider agrees to file its annual Form 990 required under the Internal Revenue Code and its accompanying regulations promptly with the Internal Revenue Service and to submit a copy of said Form 990 (and all amendments thereto) to the City's Internal Auditor within five (5) days of their filing. 1. Revision o Re nested Servvices. If, as a result of such review hereunder, it is the opinion of the BPW that revisions of the scope of the Requested Services are necessary or the methods employed by the Provider are inappropriate, the City may require such revisions to the scope or methods by notifying the Provider in writing. J. Additional Auditing Requirements for Not -For -Profit Or anizations. The Provider understands that not -for -profit entities receiving City of South Bend funds equal to or greater than One Hundred Thousand Dollars ($100,000.00) are required to supply an independent audit. Audited financial reports must be provided to the City's Internal Auditor on an annual basis, including any A-133 Audits. If the not -for -profit entity is required to submit an E-1 form to the Indiana State Board of Accounts, the entity shall also forward a copy of the E-I to the City's Internal Auditor. The City may also make an examination of the Provider's fidelity bonding and fiscal and accounting procedures to determine whether these procedures meet the requirements of this Agreement. SECTION 4. Compensation. A. Fees. As compensation for services performed pursuant to this Agreement, the BPW agrees to pay the Provider a fee in the amount of Three Hundred Fifty Thousand Dollars ($350,000.00) for services rendered (the "Contract Amount"). The Provider agrees to cap administrative and program development costs at ten percent (10%) of the Contract Amount. B. Invoices. The Provider shall submit an invoice for progress payments to the BPW for services performed under this Agreement, which invoice shall identify the project, the task, a description of the services completed and the time for each billing. Invoices shall be submitted for services rendered. In the event of termination of this Agreement as provided in SECTION 6, all non -disputed sums owing and due the Provider for services rendered shall be paid within thirty (30) days of receipt of any invoice. SECTION 5, Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the earlier of December 31, 2018, or the Termination Date, as described at SECTION 6, below (the "Term"). SECTION 6. Termination and Default. A. Termination. This Agreement shall terminate on the earlier of: (i) the Expiration Date without notice to either party; or (ii) within twenty (20) days of an offending party's receipt of a Default Notice (as defined below) if such default or failure continues and remains uncured as discussed in Section 6(B) below through no fault of the party initiating the termination (the