6.I.(2) Agreement Facade Matching Grant Program, Western Ave.

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<. Rcn7edies~ for Wrench of C'onU•cul. I~ailurc to complete the Program u1 accordance with this ~1~.;rcement 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 Organisation shall repay any portion of the Contract Amount expended Ior matters not within the scope of the Program or the Budget. it/IuinlerTance o{Records, Access u> 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 thirty (30) days of the expiration or termination of this Agreement, the Organization shall provide Cite with a lino] accounting of the use and disposition oP the Contract Amount by the Organization. [unless otherwise authorized by the City or required by law'. such records shall he maintained by the Organization for a period of four (4) years of the date oCexpiration or termination of this Agreement. "l~hc Organization understands and agrees to comply with the legal requirements of Indiana Code~~' 5-14-3-1 e!..cey. (commonly known as Indiana~s Access to Public Records Act), if applicable. with respect to all documentation related to the Contract Amount. 8. Audi! Rec/z+irements. The Organisation agrees to make all information available to the Indiana State Board of Accounts. the Citv's Internal Auditor, and the Contract AdminisU•ator as requested to comply with any audit requested related to the receipt and use of the Contract Amount and the Or«anization's performance in delivering the Program in accordance ~~ith the provisions of this Contract. if requested by the City or the Contract Administrator, the Organization shall pro~~ide the City a progress report on the Program. If requested by the City or the Citv~s Internal Auditor, the Organization shall arrange for a financial and compliance audit of the Contract Amount to be conducted by an independent public or certitiai public accountant (or as applicable, the Indiana State Board of Accounts) and in accordance with applicable Indiana State Board of /lccouill standards. The City Internal Auditor shall mean the City Controller or Acting City Controller appointed pursuant to Indiana Code ~ 36-4-9-6 (the 'City Controller") or any person appointed or retained by the City Controller or the City for the purpose of auditing the Organization for this Agreement or other agreements of the City. >. C'onJlicls a/Inleres~. The Organization hereby certities and agrees that no member, officer. or employee of the City. or its designees or agcnts_ and no member of the governing body of the City of South Bend or the Or~~anization (and no ouc with ~shom there is a lamily 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 thercoC for wort: to be performed in connection with the Program. To the extent the Program involves the awardin<~ of a contract or grant, the Organization shat] not award the same to a person or entity that creates a conflict of interest described in Indiana Code ~ 5-16-1 1-?.~. ti). Relu~ions{~i/~. The Organization shall at all times be an independent 4