Agreement - Urban Enterprise Association of South Bend Inc - Homeowner Repair Program

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of the City. The Organization shall only use the Contract Amount to implement the Program or provide the services in conformance with the Budget and for no other purpose. 3. Cona ensation or Pro am. To the extent the Contract Amount has not previously been disbursed to the Organization, the Contract Amount shall be paid within thirty (30) days of the latter of (i) the date the last party hereto executed this Agreement or (ii) the completion of all actions necessary to appropriate the funds for the Program. All funds unencumbered for the Program at the expiration of this Agreement shall be returned to the City upon the City's written request. 4. Desigp and .Im lenientation of Pro rain. To the extent not set forth in Exhibit A, Exhibit B, and Exhibit C, the Organization shall be solely responsible for the design and implementation of the Program, unless specifically directed otherwise by the City, City's Internal Auditor (as defined herein), or the Director of the Division of Neighborhood Development or any person appointed by said Director or the City to administer this Agreement (the "Contract Administrator"). 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. 5. Termination of Agreement. 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 cancelled. 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 preformed after the effective date of termination. In no case shall total payment made to the Organization exceed the original Contract Amount. 6. Remedies for Breach 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 Organization shall repay any portion of the Contract Amount expended for matters not within the scope of the Program or the Budget. 7. Maintenance of Records Access to 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 City with a final accounting of the use and disposition of the Organization. Unless otherwise authorized by the City or required by 3