Contract - Indiana Housing and Community Development Authority - DCI

Home Browse Search

and for three (3) years from the date of final payment under this Contract, for inspection by IHCDA, NeighborWorks America, or the authorized representative, agent or third -party contractor of either entity. Upon request, copies shall be furnished at no cost to IHCDA, NeighborWorks America, or the authorized representative, agent or third -party contractor of either entity. The only exceptions are the following: (1) If any litigation, claim, or audit is started before the expiration of the three (3) year period, the records shall be retained until the litigation, claims or audit findings involving the records have been resolved and final action taken: and (2) Records for real property and equipment acquired with funds hereunder shall be retained for three (3) years after final disposition. Notwithstanding the foregoing, IHCDA, NeighborWorks America, or the authorized representative, agent or third -party contractor of either entity rights to site, document and personnel access for evaluation purposes are not limited to the required retention period, but shall last as long as records are retained. 5. Assignment; Successors. The Contractor binds its successors and assignees to all the terms and conditions of this Contract. The Contractor shall not assign or subcontract the whole or any part of this Contract without IHCDA's prior written consent. The Contractor may assign its right to receive payments to such third parties as the Contractor may desire without the prior written consent of IHCDA, provided that the Contractor gives written notice (including evidence of such assignment) to IHCDA thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than one party. 6. Assignment of Antitrust Claims. As part of the consideration for the award of this Contract, the Contractor assigns to IHCDA all right, title, and interest in and to any claims the Contractor now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract. 7. Audits. Contractor shall comply with 2 CFR 200, as applicable. If the Contractor expends $750,000 or more in federal awards during the Contract's fiscal year, it must submit its single audit to the IHCDA within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. According to NFMC guidance, Contractor must have completed an independent audit within nine months of the completion of its most recent fiscal year. If Contractor has revenues less than $300,000 annually and receives less than $25,000 in NFMC funding, the Contractor may submit a Review Statement or Compilation Statement in lieu of independent audited financial statements. 8. Authority to Bind Contractor. The signatory for the Contractor represents that he/she has been duly authorized by Contractor to execute this Contract on behalf of the Contractor and has obtained all necessary or applicable approvals to make this Contract fully binding upon the Contractor when his/her signature is affixed, and accepted by IHCDA. 9. Changes in Work. The Contractor shall not commence any additional work or change the scope of the work until authorized in writing by IHCDA. The Contractor shall make no claim for additional compensation in the absence of a prior written approval and amendment executed by all signatories hereto. This {00024811-1) Page 2 of 39