Agreement - Cross Community CDC - Pilot Housing Subsidy Program

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4.. Des, , ttel i°rr�o '.f'rtgr crm. To the extent not set forth herein or in Exhibit- A., the Organization will work with the City's Director of Planning and its Director of Neighborhood Development in the design and implementation of the Program to ensure any new development aligns with the neighborhood and City objectives, unless specifically directed otherwise by the City, the City Controller, or the Director of the Division of Neighborhood Development, or the Contract Administrator. The Program and this Agreement must be performed and administered in accordance with all applicable federal, state, and local laws. The Organization shall use the Contract Amount only for activities related to the Program and shall submit quarterly reports to the Contract Administrator, based on the approved schedule and showing the progress of the Program, including a summary of all transactions and identifying the property address, amount of funds attributable to the Contract Amount used for the construction at the property, the amount of private investment in the property, the project commencement date, and the project completion date. S. Telyr matron Lrfrrr rrt. 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 City will not be liable for work on the Program performed after the effective date of termination, and all requests for reimbursement by the Organization shall be properly submitted prior to the termination date. 6. Remc i r°ear w r..mca . c rrtrcrct. The Organization's failure to complete the Program or otherwise perform in accordance with the terms this Agreement or the timeframes agreed upon in the schedule 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. The Organization shall repay any portion of the Contract Amount expended for matters not within the scope of the Program or the Budget. 7. Alldinterratice of Records, _Access to Ji"ecor ds. 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 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 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. 3