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6.I.(1) Agreement Facade Matching Grant Program, Mishawaka Ave.
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10/17/08 Meeting
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6.I.(1) Agreement Facade Matching Grant Program, Mishawaka Ave.
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(. Remedies fnr Breach o ~ Co~~rruc/. Failure to complete the Program in <br />accordance with this Agreement may be considered a material breach. and shall entitle <br />the City to impose sanctions against the Organization including, but not limited to. <br />suspension of all payments, and/or suspension of the Organization's invol~°anent in the <br />Program. on behalf of the City. The Orgzu~izatiou shall repay any portion of Use Contract <br />Amount expended [or matters not within the scope of the Program or the Budget. <br />.l4uintcncrnce ufRecords. /lccers cu Recorc/s. The Organization shall keep <br />a ~a-ritten record, in a form acceptable to the City, related to the use and expenditure oCthe <br />Cbnu~act /\mount. Within thirty (30) days of the expiration or termination of this <br />lgrecment. the Organizalio^ shall prop ide City ~~-~i[h a final accounting oC the ttsc and <br />disposition of the Contract Amount by the Organization. Unless otherwise authorized by <br />the City or required by la~~. such records shall be maintained by the Or~~anization for a <br />period ol'four (4) years of the date of expiration or termination of this Agreement. The <br />C)r~~anizatio^ understands and a,*rees to comply with Lhc legal requirements of Indiana <br />Code ti ~-14-3-1 et. secy. (commonly kno~~~n as Indiana's Access to Public Records Act), <br />if applicable, with respect to aII documentation related to the Contract Amount. <br />~S. ,Audit Regtrirei~aenls. I~he Or~~anization agrees to make all infionl~ation <br />a~~aifable to the Indiana State Board of Accounts, the Citv's lnternal lluditor. and the <br />Contract Administrator as requested to comp]}~ ~~~ith any audit requested related to the <br />~~ecc;pt ana use of the Contract ilnunult and the Organization's performance in delivering <br />the Program in accordance with the provisions of this Contract. If requested by the C;it<~ <br />or the Contract Administrator. the Organization shall provide the Cite a progress report <br />un the Program. I[ requested by the City or the C'it~~~s Internal Auditor, the Organization <br />shall arrange fora financial and compliance audit of the Contract Amount to be <br />conducted by an independent public or certified public accountant (or as applicable, the <br />lndiana State Board of Accounts) and in accordance ~~,--°ith applicable Indiana State Board <br />of Account standards. ~hhc City Internal Auditor shall mean the City Controller or Acting <br />City Controller appointed pursuant fo lndiana Codc ~~' iCi 4-9-C (the `'City Contrroller") <br />or any person appointed or retained by' the City Conllollcr or the Citv for the purpose o!' <br />auditing the Organization for this Agreement or other agreements of the Cite. <br />9. Con/IicL~~ o/~Interesl. "l~he Organisation hereby certifies and agrees that no <br />membcr_ officer, or employee of the City. or its designees or agents_ and no member of <br />the governing body of the City of South Bcnd or the Organization (and no one ~4°ilh <br />whom there is a Family or business tic) who exercises any functions or responsibilities <br />with respect to the receipt and use of city funds dunng his or her tenure or for one year <br />thereafter. shall have an}` financial benefit, direct o+~ indirect, in anc conu~act or <br />subcontract or the proceeds thercoC for ~~°orlc to he performed in connection with the <br />Program. "ho the extent the Program involves the awarding of a contract or grant. the <br />Organization shalt not award the same to a person or entits_~ that creates a conflict ol~ <br />ini.erest described in Indiana Code S i-16-1 1 ~.i. <br />I O. IZelcrtivns~{'rit~. ~Ihc Organization shall at all times be an independent <br />d <br />
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