Orange County NC Website
Browse       Search
_____________________________________________________________________________ <br />State Centric MOA 4393-0083-F Orange County <br /> <br />7 <br /> <br />(9) RECORD KEEPING AND AUDITS <br /> <br />All financial and programmatic records, supporting documents statistical records <br />and other records of the State and County shall be retained pursuant to 2 C.F.R. <br />Part 200, 09 NCAC Part 3M, and the applicable Records Retention Schedule. All <br />original records pertinent to this Agreement shall be retained by the State and <br />County for 5 years following the date of termination of this Agreement or of <br />submission of the final closeout report or the applicable Records Retention <br />Schedule, whichever is later, with the following exceptions: <br /> <br />If any litigation, claim or audit is started before the expiration of the five- <br />year period and extends beyond the five-year period, the records will be <br />maintained until all litigation, claims, or audit findings involving the <br />records have been resolved. <br /> <br />The County, its employees or agents, including all subcontractors or consultants <br />to be paid from funds provided under this Agreement, shall allow access to its <br />records at reasonable times to the State, its employees, and agents. "Reasonable" <br />shall be construed according to the circumstances but ordinarily shall mean during <br />normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through <br />Friday. "Agents" shall include, but not be limited to, auditors retained by the <br />State. <br /> <br />The County shall also provide the State with the records, reports, or financial <br />statements upon request for the purposes of auditing and monitoring the funds <br />awarded under this Agreement. <br /> <br />(10) LIABILITY <br /> <br />(a) Nothing in this Agreement, express or implied, is intended to confer on <br />any other person any rights or remedies in or by reason of this Agreement. <br />This Agreement does not give any person or entity other than the parties <br />hereto any legal or equitable claim, right, or remedy. This Agreement is <br />intended for the sole and exclusive benefit of the parties hereto. This <br />Agreement is not made for the benefit of any third person or persons. No <br />third party may enforce any part of this Agreement or shall have any rights <br />hereunder. This Agreement does not create, and shall not be construed as <br />creating, any rights enforceable by any person not a party to this <br />Agreement. <br /> <br />(b) Except as otherwise provided in subparagraph (c) below, the County shall <br />be solely responsible to parties with whom it shall deal in carrying out the <br />terms of this Agreement and shall save the State harmless against all <br />claims of whatever nature by third parties arising out of the performance <br />of work under this agreement. For purposes of this agreement, the County <br />DocuSign Envelope ID: 9080716C-121D-4F19-9E12-FB2684335DF5DocuSign Envelope ID: A02EDAA0-6072-4731-9C1B-857DF9D747A3