Agreement - Northeast Neighborhood Revitalization Organization Inc - Support NNRO

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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 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. 9. C,on zct_1. 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 of South Bend 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. To the extent the Program involves the awarding of a contract or grant, the Organization shall not award the same to a person or entity that creates a conflict of interest described in Indiana Code § 5- 16-11-5.5. 10. RelalionshV. 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. This Agreement is strictly for the benefit of the parties and not for any third -party or person. This Agreement was negotiated by the parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Organization hereby renounce the existence of any form of agency relationship, joint venture or partnership between the Organization and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Organization. 11. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Organization, as the case may be, at the address set forth below. . r �a .t;zat,ion: g_ __�._ Marco Mariani Northeast Neighborhood Revitalization Organization, Inc. c/o South Bend Heritage Foundation 803 Lincolnway West South Bend, IN 46616 City Pamela C. Meyer Department of Community Investment City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400S South Bend, IN 46601 E