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person appointed or retained by the City Controller or the City for the purpose of auditing <br />the Organization for this Agreement or other agreements of the City. <br />Agencies with expenditures totaling $750,000 or more from all federal sources for the <br />most recent ended fiscal year shall have a Single Audit conducted in accordance with the <br />Single Audit Act, OMB Circular A-133 and Generally Accepted Government Auditing <br />Standards for that fiscal year. Agencies that do not qualify for an A-133 audit shall submit <br />a CPA Audited Financial Statement, or at a minimum a Certified Annual Financial <br />Statement (CFA). Audited Financial Statements and CFAs will be accepted only from <br />those agencies that can document they did not qualify for an A-133 audit. Agencies shall <br />ensure that their independent auditors conduct the proper type of audit. A-133 Single <br />Audits shall be submitted to the City no later than nine (9) months after the end of the <br />agency's fiscal year; CPA Audited Financial Statements and CFAs shall be submitted no <br />later than six (6) months after the end of the fiscal year. <br />9. LeLy %tets cad Interwest. The Organization hereby certifies and agrees that no member, <br />officer, or employee of the City, or its designees or agents, and no member of the governing <br />body of the City of South Bend or the Organization (and no one with whom there is a <br />family or business tie) who exercises any functions or responsibilities with respect to the <br />receipt and use of city funds during his or her tenure or for one year thereafter, shall have <br />any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds <br />thereof, for work to be performed in connection with the Program. To the extent the <br />Program involves the awarding of a contract or grant, the Organization shall not award the <br />same to a person or entity that creates a conflict of interest described in Indiana Code § 5- <br />16-11-5.5. <br />10. Relcitiorrsh . The Organization shall at all times be an independent contractor for <br />the performance of the Program rather than an employee of the City, and no act, action or <br />omission to act by the Organization shall in any way bind or obligate the City. This <br />Agreement is strictly for the benefit of the parties and not for any third -party or person. <br />This Agreement was negotiated by the parties at arm's length and each of the parties hereto <br />has reviewed the agreement after the opportunity to consult with independent counsel. <br />Neither party shall maintain that the language in the Agreement shall be construed against <br />any signatory hereto. The City and the Organization hereby renounce the existence of any <br />form of agency relationship, joint venture or partnership between the Organization and the <br />City and agree that nothing contained herein or in any document executed in connection <br />herewith shall be construed as creating any such relationship between the City and the <br />Organization. <br />11. Nolices. Any notice required or permitted to be delivered hereunder shall be <br />deemed to be delivered, whether or not actually received, when deposited in the United <br />States Postal Service, postage prepaid, registered or certified mail, return receipt requested, <br />addressed to the City or the Organization, as the case may be, at the address set forth below. <br />rd <br />