6.I.(3) Agreement Facade Matching Grant Program, Miami Street

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1. Rerneclies fir L3reuch of Contract. 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 Organisation shall repay any portion of the Contract Amount expended for matters not within the scope of the Program or the Budget. .-14aintenunce o/~Recor~c~'s, ilccc~s.r to Recorclc. ~I11c Organization shall keep a written record_ in a form acceptable to the Cite, related to the use and expenditure ol~the Contract Amount. Within thirty (30) days of the expiration or termination of this Agreement, the Organization shall provide City ~~°ith a linal accounting of the use and disposition of the Contract Amount by the Organization. t~nlcss 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 w~derstands and agrees to comply with the legal requirements of Lndiana Code ~ 5-14-3-1 et..cecj. (commonly known as Indiana's Access to Public Records Act), if applicable, with respcct to all documentation related to the Contract Amount. R. Audrl Regrriren~ef~is. The Organization agrees to make all information available to the Indiana State Board of Accounts, the Citv's Internal Auditor. and the Contract Administrator as requested to comply with any audit requested related Lo 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 proeide the City a progress report on the Program. If requested by the City or the City'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 certified public accountant (or as applicable, the Indiana State Board of Accounts) and in accordance ~~ith applicable Indiana State Board of Account standards. The City hrtcrnal 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 A<arccment or other agreements of the City. 9. Conflicts of~Inleres/. "Ihe Organization hereby certifies and agrees that no member, oClicer, or employee of the City, or its designees or agents, and no member of the governing body of the City of South Bcnd or the Organization (and no one with whom there is a family or business tie) who exercises any functions or responsibilities with respcct to the receipt and use o1~ city funds during his or her tenure or for one year thcrealter, shall have anv financial bcneiit, direct or indirect. in anv contract or subcontract, or the proceeds thereof, for wort: to be pa-tormcd in connection with the Program. "ho the extent the Program involves the awarding of a contract or <~rant, the Organization shall not award the same to a person or entity that creates a conflict of interest described in Indiana Code fi ~ 1(-1 1-~.>. 10. Relutionshi». The Organization shall at all times be an independent 4