Orange County NC Website
Browse       Search
Award #: 9104757 <br />C. Records, Record Retention, and Examination <br />1. Comply with all applicable record and retention requirements in this Agreement or stated in <br />applicable federal or state law ("Recordkeeping"). Recipient shall provide any duly authorized <br />representative of OERI, the North Carolina Housing Finance Agency in its role as a contractor to <br />OERI, North Cazolina Department of Health and Human Services, HUD, or any other governmental <br />entity at all times access to and the right to inspect, copy, monitor, and examine all of the books, <br />papers, records, and other instruments relating to the Program and the Program funds. OERI requires <br />that the Recipient and subcontractors agree to allow the Office of State Budget and Management <br />internal auditors and state agency internal auditors access to records and employees pertaining to the <br />performance of any contract awarded by a public agency. All original files shall be maintained at <br />Recipient's offices or other acceptable location under Recipient's control for access purposes. In <br />addition, Recipient will submit all reports as outlined in HPRP guidelines and as required by the State <br />of North Carolina and HUD. All other records pertinent to the Program shall be retained by Recipient <br />for a period of five years from the date of the closeout of the Program, except as follows: <br />a. Records that are the subject of audit findings shall be retained for three years or <br />until such audit findings. have been resolved, whichever is later; <br />b. Records for disbursement of Program funds shall be retained for seven years after <br />its final disposition; <br />c. If a claim, litigation or audit is started before the expiration of the five-year period, <br />the records shall be retained until all litigation, claims or audit fmdings involving <br />the records have been resolved. <br />d. To the extend, if any, that any federal or state laws, regulations or requirements, <br />require that any records be kept for any longer period, such records shall be kept <br />for the longer period. <br />2. Maintain any and all records related to the Program including but not limited to the expenditure of <br />Program funds documentation of eligible Participants (including those pertinent to race, ethnicity, <br />gender, and disability status data), types of assistance provided, counseling, and all other related case <br />management as may be required by HUD or OERI from time to time. Recipient assumes full <br />responsibility for compliance with this Paragraph and any federal regulations or notices that relate to <br />the Program funds. Recipient will need to maintain such records in order to demonstrate compliance <br />with the HPRP Program. Additionally, Recipient is obligated to provide access to any and all <br />information relating to the Program to OERI, upon OERI's request. This obligation includes, but is <br />not limited to, the personal, financial and identifying information of individuals assisted by the <br />Program. Recipient shall likewise obtain any releases or waivers from any individuals or entities <br />necessary to ensure that this information can be properly and legally provided to OERI without issue <br />or objection by the individual or entity. Notwithstanding anything herein to the contrary, the Parties <br />agree that Recipient will not release any confidential information unless required by OERI or HUD, <br />except that if Recipient has obtained a release as set forth in this paragraph but the release of such <br />confidential information would cause Recipient to violate federal law notwithstanding the release, <br />Recipient shall not be required to provide such confidential information to OERI or HUD. <br />3. To insure compliance with income requirements for tenants as well as other matters, Recipient shall <br />ensure that adequate waivers or releases necessary to ensure that personal, income-related, financial, <br />tax and/or related information are obtained from individuals and families that aze benefitting from <br />Grant and Program funds. Recipient will need to maintain such records in order to demonstrate <br />compliance with the HPRP Program. Additionally, Recipient is obligated to provide access to any <br />Contract Agreement, p. 4 <br />