Amended and Restated Agreement – Additional Funding for Neighborhood Corridors Matching Grant Program - Urban Enterprise Association of South Bend, Inc.

Home Browse Search

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. Remedies ,fir Breach ... o 'Cqwr acl, 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. Ma nten tra c� rr 'Recur( 11cce ,� o 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 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 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. uc(ttww 4,,,c rar �xrrre�rts. 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 certified public accountant (or as applicable, the Indiana State Board of Accounts) and in accordance with applicable Indiana State Board of Account standards. 9. Conicts cr �"rate�r' � =.`eft. 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. Re h . 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 M