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5. withhold further HOME awards from Administrator, and/or affiliated Parties; <br />6. take more severe enforcement action against Administrator by taking any other <br />remedies that may be legally availabte to Department, as determined by <br />Department, to ensure compliance with the terms of this contract. <br />B. At the sole discretion of Department, if Administrator has not achieved substantial <br />progress within six (6) months of the effective date of this Contract or has failed to meet <br />any performance benchmark, this Contract may be terminated. Administrator may appeal <br />to have the Contract reinstated in accordance with 10 TAC § 1.7. <br />SECTION 18. AUDIT <br />A. In addition to the requirements of Section 6(B) of this contract, Administrator shall <br />submit to Department, within sixty (60) days after the end of each fiscal year, an Alidit <br />Certification Form as specified by Department far each fiscal year in which any months <br />of the Adrninistrator's fiscal year overlaps a month of the contract period. Unless <br />otherwise directed by Department, Administrator shall arrange for the performance of an <br />annual financial and compliance audit of funds received and perfonnances rendered <br />Linder this contract, subject to the following conditions and limitations: <br />1. Adrninistrator shall have an audit conducted in accordance with 24 C.F.R. §84.26 <br />or §85.26, as applicable; OMB Circular A-133; and 31 U.S.C. 7501 for any of its <br />fiscal years included within the contract period specified in Section 1 of this <br />contract in which Administrator has expenses of more than $500,000 in federal <br />financial assistance provided by a federal agency in the form of grants, contracts, <br />loans, loan guarantees, property, cooperative agreements, interest subsidies, <br />insurance or direct appropriations, but does not include direct federal cash <br />assistance to individuals. The term federal financial assistance includes awards of <br />financial assistance received directly from federal agencies, or indirectly through <br />other units of State and local government. <br />2. At tlle option of Adininistratar, each audit required by this section may cover <br />Adrninistratar's entire operations or each department, agency, or establishment of <br />Administrator which received, expended, or otherwise administered federal fiinds. <br />3. Notwithstanding anything to the contrary in Section 3, Administrator may utilize <br />funds budgeted under this contract to pay for that portion of the cost of such audit <br />services properly allocable to the activities fiinded by Department tmder this <br />contract. Provided, however, Department shall not make payment far the cost of <br />such audit services until Department has received the audit report from <br />Administrator. <br />4. Unless otherwise specifically authorized by Department in writing, Administrator <br />shall submit two (2) copies of the repart of such audit to Departnlent within thirty <br />(30) days after completion of the audit, but iio later than nine (9) months after the <br />end of each fiscal periocl included within the period of this contract. Audits <br />performed under this section are subject to revicw and to direction oiz resolution <br />of findings by Departinent or its authorized representative. <br />HOME Contract # l 00 (324 <br />Vage 10 of 2 l <br />