Agreement - New Construction Pilot Housing Subsidy Program in the Sherman Harrison Area– Urban Enterprise Association of South Bend, Inc.

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4. esie � and �"inpl r ientation c� " �'� �� . To the extent not set forth in Exhibit A Exhibit , and Exhibit C., the Organization shall coordinate work with the City's Department of Community Investment for the design and implementation of the Program, 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. S. 7'6,nr natr'on o A I(• e!aa sr , 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 completion of the Program properly done 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. 6. Reonedies fi)rc r, cContract. 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. Alaiwentinee to "L?ecqtm& Access tv 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), if applicable, with respect to all documentation related to the Contract Amount. 8.—lttclrt lit^gj.ti ertienl . The Organization agrees to make all information available to the Indiana State Board of Accounts, the City Controller, 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 Contract. 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 Controller, the Organization shall arrange for a financial and compliance audit of the Contract Amount to be conducted by an independent public or 9