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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 <br />the governing body of the City of South Bend or the Organization (and no one with <br />whom there is a family or business tie) who exercises any functions or responsibilities <br />with respect to the receipt and use of city funds during his or her tenure or for one year <br />thereafter, shall have any financial benefit, direct or indirect, in any contract or <br />subcontract, or the proceeds thereof, for work to be performed in connection with the <br />Program. To the extent the Program involves the awarding of a contract or grant, the <br />Organization shall not award the same to a person or entity that creates a conflict of <br />interest described in Indiana Code § 5-16-11-5.5. <br />10. Relations ai, . 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 <br />no act, action or omission to act by the Organization shall in any way bind or obligate the <br />City. This Agreement is strictly for the benefit of the parties and not for any third -party <br />or person. This Agreement was negotiated by the parties at arm's length and each of the <br />parties hereto has reviewed the agreement after the opportunity to consult with <br />independent counsel. Neither party shall maintain that the language in the Agreement <br />shall be construed against any signatory hereto. The City and the Organization hereby <br />renounce the existence of any form of agency relationship, joint venture or partnership <br />between the Organization and the City and agree that nothing contained herein or in any <br />document executed in connection herewith shall be construed as creating any such <br />relationship between the City and the Organization. <br />11. o,,ti" � s. 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 <br />United States Postal Service, postage prepaid, registered or certified mail, return receipt <br />requested, addressed to the City or the Organization, as the case may be, at the address <br />set forth below. <br />Orani ation: <br />Laura Jensen <br />United Way of St. Joseph County <br />3517 E. Jefferson Blvd. <br />South Bend, IN 46615 <br />City <br />Suzanna M. Fritzberg, Deputy Chief of Staff <br />Office of the Mayor <br />City of South Bend, Indiana <br />227 W. Jefferson Blvd., Suite 1400 N <br />South Bend, IN 46601-1830 <br />12. [Fc tt l . The Organization shall comply with federal, state and <br />local law in its hiring and employment practices and policies for any activity covered by <br />this Agreement. <br />13. Entire Agreement and Amendment. This Agreement, inclusive of <br />Exhibits, Appendices and Schedules, constitutes the entire agreement and understanding <br />between the parties as to the subject matter hereof, and merges and supersedes all prior <br />discussions, agreements, and understanding of any and every nature between them. This <br />Agreement may be amended only by separate writing, approved by both the Organization <br />and the City. <br />0 <br />