Agreement - Urban Enterprise Assoc of SB - Neighborhood Scale Development Matching Grant Program

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or (ii) the completion of all actions necessary to appropriate the funds for the Program. All funds unencumbered for the Program at the expiration of this Agreement shall be returned to the City upon the City's written request. Any funds attributable to staff or a contract for staff or services shall only be deemed to be encumbered to the extent the percentage of services are provided through the termination date of this Agreement. 4. Design nd Inzrrc atttaton o Program. To the extent not set forth in 1 xhibit A, Exhibit B, and Exhibit C. the Organization shall be solely responsible for the design and implementation of the Program, unless specifically directed otherwise by the the Executive Director of the Department of Community Investment (the "Executive Director") or any person appointed by said Executive Director or the City to administer this Agreement (the "Contract Administrator"). The Program and this Agreement must be performed and administered in accordance with all applicable federal, state, and local law. The Organization shall use the Contract Amount only for activities related to the Program. The Organization shall further enter into a written agreement documenting the disbursement of funds attributable to the Contract Amount. 5. 7wi rnfinatiot .. l ecRr rxt.m 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 canceled. 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 Organization shall be compensated for work on the Program completed to the City's satisfaction prior to the effective date of termination. The City will not be liable for work on the Program performed after the effective date of termination. In no case shall total payment made to the Organization exceed the original Contract Amount. ecrr� i't° ca �a „ C 1tr•ycic°t. Failure to complete the Program in accordance with this Agreement 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, 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. aintencincwe o "Records ds Access to Records. 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 sixty (60) 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 after the date of expiration or termination 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), 3