SECTION 330:55-7-4. Awardee responsibilities

  Including but not limited to the following, an Awardee under the HOME Program shall be responsible for:

(1)   Taking all action necessary to enforce the terms of the Written Agreement against any private or public participant that fails to comply with applicable provisions of the Written Agreement or any subcontract or documents resulting from it, and to recover on behalf of OHFA, any liabilities that may arise as a result of a breach of the Written Agreement by any participant. Nothing in this subsection shall restrict OHFA's right to independently enforce the terms of any Written Agreement or any subcontracts or documents resulting from it, or to recover any sums that may become due as the result of a breach of such Written Agreements or subcontracts.

(2)   Complying with all State and federal regulations, guidelines, circulars and notices as set forth in the Final Rule, these HOME Program Rules, the Action Plan, the Annual HOME Program Application Packet, the Written Agreement between the Awardee and OHFA and/or the HOME Program Implementation Manual, as well as any other guidance which may be released by HUD or OHFA from time to time.

(3)   Maintaining records and accounts, including, but not limited to, property, personnel, and financial records that properly document and account for all Project funds. OHFA may require specific types and forms of records. All such records and accounts shall be made available upon request by OHFA for the purpose of inspection and use in carrying out its responsibilities for administration of the funds.

(4)   OHFA may require the Awardee to provide special narrative and financial reports related to the elements of a Written Agreement in the forms and at such times as may be necessary or required by OHFA.

(5)   Retaining all books, documents, papers, records, and other materials involving all activities and transactions related to its Written Agreement for at least three (3) years beyond the ending date of the Period of Affordability as specified in the Written Agreement and/or as mandated by the HOME Program Regulations. Awardee shall, as often as deemed necessary by OHFA, permit authorized representatives of OHFA, HUD, and the Comptroller General to have full access to and the right to fully examine all such materials. Records may be maintained electronically if permitted by HUD.

(6)   Promptly returning to OHFA, any funds received under its Written Agreement that are not obligated as of the final date of the Written Agreement time period. Funds shall be obligated only if goods and services have been received as of the final date of the Written Agreement time period.

(7)   Complying with OHFA's audit policy including the single Audit Act of 1984 (P.L. 98-502, 31 U.S.C., 7501 et seq.), as applicable to the Awardee or as mandated by OHFA.

(8)   Providing OHFA timely copies of reports on any audits that include funds received from OHFA.

(A)   Audits shall be performed by a by a licensed public accountant or public accounting firm or a certified public accountant or certified public accounting firm.

(B)   The audit shall be performed in accordance with Government Auditing Standards; Compliance Supplement for Single Audits or State and Local Governments; generally accepted auditing standards established by the American Institute of Certified Public Accountants; and OHFA.

(9)   Complying with all applicable federal requirements.

[Source: Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2004, eff 7-31-13]