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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 Admin1strator has not achieved substantial pro'gess within six (6) months of the effective date of this Contract or has failed to meet any perfonnance benchmark, this Contract may he 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, Administrator shall submit to Department, within sixty (60) days after the end of each fiscal year, an Audit Certification Form 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: l. 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 form of grants, contracts, loans, loan guarantees, property, cooperative ab eements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term federal financial assistance includes awards of financial assistance received directly from federal agencies, or indirectly through other units of State and local government. 2. At the option of Administrator, each audit required by this section may cover Administrator's entire operations or each department, agency, or establishment of Administrator which received, expended, or otherwise administered federal funds. 3. Notwithstanding anythino, to the contrary in Section 3, Administrator may utilize funds budgeted under this contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this contract. Provided, however, Department shall not make payment for the cost of such audit services until Department has received the audit report from Administrator. 4. Unless otherwise specifically authorized by Department in writing, Administrator shall submit two (2) copies of the report of such audit to Department within thirty (30) days after completion of the audit, but no later than nine (9) months after the end of each fiscal period included within the period of this contract. Audits perforn7ed under this section are subject to review and to direction on resolution of findings by Department or its authorized representative. B. Notwithstanding anything in Section 18(A) to the contrary, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances ATTACHMENT A HOME Contract#1001053 Page 12 of 21