Professional Services Agreement - United Way of St Joseph County - Increase Pre K Providers for Early Childhood Education Provider Capacity Grant Program

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S. Terminationmmmmmof A reement. If the City Controller makes a written determination that funds are not appropriated or otherwise available to support the continuation of this Agreement, it shall be cancelled. A determination by the City Controller that funds are not appropriated or otherwise available to support the continuation of performance shall be final and conclusive. Effective thirty (30) days after delivery of a written termination notice, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. The Organization shall be compensated for completion of the Program properly done prior to the effective date of termination. The City will not be liable for work on the Program preformed after the effective date of termination. In no case shall total payment made to the Organization exceed the original Contract Amount. 6. Remedies for Breach of Contract. Failure to complete the Program in accordance with this Agreement may be considered a material breach and shall entitle the City to impose sanctions against the Organization including, but not limited to, suspension of all payments, and/or suspension of the Organization's involvement in the Program, on behalf of the City. The Organization shall repay any portion of the Contract Amount expended for matters not within the scope of the Program or the Budget. 7. J111ctintenance QLP'ecµords AccesstoRecords. The Organization shall keep _ a written record, in a form acceptable to the City, related to the use and expenditure of the Contract Amount. Within thirty (30) days of the expiration or termination of this Agreement, the Organization shall provide City with a final accounting of the use and disposition of 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 Indiana 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 Contract Amount. 8. judit Ree` tdreinents. The Organization agrees to make all information available to the Indiana State Board of Accounts, the City's Internal Auditor, 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 Contract. If requested by the City or the Contract Administrator, the Organization shall provide the City a progress report on the Program. 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 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 Account standards. The City Internal Auditor shall mean the City Controller or Acting City Controller appointed pursuant to Indiana 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. 3