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in a state plan, or with Adrninistrator's application, the noticeof award, or else~vhere Department may take any of the following actions: 1. Temporarily withhold disbursenzents pending correction of tlle deficiency by Administrator; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend this contract upon wntten notification to Administrator of the deficiency and the penod within which Administrator must comply; 4. accept Administrator's failure to comply or correct any deficiency within the time penod set forth in any written notice of suspension as evidence of Administrator's inability to perform under the terms of this contract, Administrator's intent to terminate this contract and Administrator's agreement to surrender all rights to remaining funds; 5. withhold further HOME awards from Administrator, and/or affiliated Parties; 6. take more severe enforcement action against Administrator by taking any other remedies that may be legally available to Department, as determined by Department, to ensure compliance with the terms of this contract. B. At the sole discretion of Department, if Administrator has not achieved substantial progress within six (6) months of the effective date of this Contract or has failed to meet any performance benchmark, this Contract may be terminated. Administrator may appeal to have the Contract reinstated'in accordance with 10 TAC §1.7. SECTION 18. AUDIT A, In addition to the requirements of Section 6(B) of this contract, Adrninistrator shall submit to Department, within sixty (60) days after the end of each fiscal year, an Audit Certification Fom1 as specified by Department for each fiscal year in which any months of the Administrator's fiscal year overlaps a month of the contract period. Unless otherwise directed by Department, Administrator shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: 1. Administrator shall have an audit conducted in accordance with 24 C.F.R. §84.26 or §85.26, as applicable; OMB Circular A-133; and 31 U.S.C. 7501 for any of its fiscal years included within the contract period specified in Section 1 of this contract in which Administrator has expenses of more than $500,000 in federal financial assistance provided by a federal agency in the fonn of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The tern-i federal financial assistance includes awards of financial assistance received directly from federal agencies, or indirectly through other units of State and local goverrunent. 2. At the option of Administrator, each audit required by tllis section may cover Administrator's entire operations or each department, agency, or establishment of Administrator which received, expended, or otherwise administered federal funds. HOME Contract # ] 000930 Page 10 of 21 w 000.6.15