Agreement - Goodwill Industries of Michiana - Bridger Merger with Goodwill

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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. Maintenance err 'RecorMt Acces-s to I ecor•ch. 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 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 I.C. Sec. 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.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 Agreement. 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 Accounts standards. The City's Internal Auditor shall mean the City Controller or Acting City Controller appointed pursuant to I.C. Sec. 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. 9. C.."onflrets of 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 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. The City acknowledges that its officers and employees are "public servants" within the meaning of I.C. Sec. 35-31.5-2- 261. The City hereby represents and certifies that it may enter into this Agreement under I.C. Sec. 35-44.1-1 et seq. and, to the extent applicable, the City will cause to be prepared any required Uniform Conflict of Interest Disclosure Statement in the form attached hereto as Exhibit B. 10. 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. 3