Contract - IHCDA - Mortage Foreclosure Counseling

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contractor of either entity. The only exceptions are the following: (1) If any litigation, claim, or audit is started before the expiration of the five (5) 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 five (5) years after final disposition. Notwithstanding the foregoing, IHCDA, 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. b. 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. The Contractor acknowledges that it Ma I be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with IC 5-11-1, et. seq. and audit guidelines specified by IHCDA. The Contractor further acknowledges that following the expirations of this Contract, the Contractor lLay be required to arrange for a 'financial and compliance audit of funds provided by IHCDA pursuant to this Contract. Such audit, if required, is to be conducted by and independent public or certified public accountant (or as applicable, the Indiana State Board of Accounts), and performed in accordance with Indiana State board of Accounts publication entitled "Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources," and applicable provisions of the Office of Management and Budget Circulars A-133 (Audits of States, Local Governments, and Non -Profit Organizations). Should an audit be required pursuant to this paragraph, the Contractor is responsible for ensuring that the audit and any management letters are completed and forwarded to IHCDA in accordance with the terms of this Contract. Audits conducted pursuant to this paragraph must be submitted no later than nine (9) months following the close of the Contractor's fiscal year. Contractor agrees to provide IHCDA an original of all financial and compliance audits. Audits conducted pursuant to this paragraph shall be and audit of the actual entity, or distinct portion thereof that is the Contractor, and not of a parent, member, or subsidiary corporation of the Contractor, except to the extent such and expanded audit may be determined by the Indiana State Board of Accounts or IHCDA to be in the best interests of the State. An audit conducted pursuant to this paragraph shall include a statement from the Auditor that the Auditor has reviewed this Contract and that the Contractor is not out of compliance with the financial aspects of this Contract. {00029857-1} Page 2 of 29