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D. Notwithstanding any exercise by Department of its right of suspension
<br />under Section 17 of th,is contract, or of early termination pursuant to this
<br />Section 18, Contractor shall•not be relieved of any liability to Department
<br />of damages due to Department by virtue of any breach of this contract by
<br />Contractor. Department may cause payments to Contractor to be withheld until
<br />such time as the exact amount -of damages due to Department from Contractor is
<br />agreed upon or is otherwise determined.
<br />SECTION 19. AUDIT
<br />83,�
<br />A. Unless otherwise directed by Department,, Contractor shall arrange for the
<br />performance of a financial and compliance audit of funds received under this
<br />contract, subject to the following conditions and limitations:
<br />1. Contractor shall have an audit made in accordance with the Single Audit
<br />Act of 1984, P.L. 98 -502 (hereinafter referred to as. "Audit Act "), and OMB's
<br />Circular No. A -128, "Audit Requirements for State and Local Governments," 49
<br />Fed.Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which
<br />Contractor receives $25,000.00 or more ih Federal financial assistance. For
<br />purposes of this Section 19, "Federal financial assistance" means assistance
<br />provided by a Federal agency in the form of grants, contracts, cooperative
<br />Agreements, loans; loan guarantees, property.- interest tubsidies,'insurance,
<br />or direct appropriations, but does not include direct Federal cash assistance
<br />to individuals. It includes awards received directly from Federal agencies,
<br />or indirectly through other units of State and local governments.
<br />2:.' At the•option=of Contractor; each audit required by-this--section may
<br />cover either Contractor's entire operations or each department, agency, or
<br />establishment of Contractor which received,. expended, or otherwise
<br />administered federal financial assistance.
<br />3. Unless otherwise specifically authorized by Department in writing,
<br />Contractor shall submit the report 6f-such-audit to Department within thirty
<br />(30) days after the completion of the audit, but no later than one year after
<br />the end of the audit period. Audits - performed under this Section 19 are
<br />subject to review and resolution by Department -or its authorized
<br />representative.• Resolution of findings shall be made within six (6) months
<br />after receipt of the audit report by Department...
<br />B. Contractor shall take such action to facilitate the performance of such
<br />audit or-audits conducted pursuant to this Section 19 as Department of the
<br />U.S. Department of Housing and Urban Development (HUD) may require of
<br />Contractor.
<br />SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
<br />A. Contractor understands and agrees that 'by the execution of this contract
<br />Contractor shall assume the responsibilities for environmental review,
<br />decision- making, and other action -which would otherwise apply to Department
<br />under Section 5304(f) of the Housing and -Community Development Act of 1974,
<br />in accordance with and to the extent,specified in 24 C.F.R. Part 58. In
<br />accordance with Section 58.77(b)'of such regulations, Contractor further
<br />understands and agrees that Contractor shall. handle inquiries and complaints
<br />from persons and agencies seeking redress in relation to environmental
<br />reviews covered by approved certifications.
<br />PAGE 9 OF 11
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<br />D. Notwithstanding any exercise by Department of its right of suspension
<br />under Section 17 of th,is contract, or of early termination pursuant to this
<br />Section 18, Contractor shall•not be relieved of any liability to Department
<br />of damages due to Department by virtue of any breach of this contract by
<br />Contractor. Department may cause payments to Contractor to be withheld until
<br />such time as the exact amount -of damages due to Department from Contractor is
<br />agreed upon or is otherwise determined.
<br />SECTION 19. AUDIT
<br />83,�
<br />A. Unless otherwise directed by Department,, Contractor shall arrange for the
<br />performance of a financial and compliance audit of funds received under this
<br />contract, subject to the following conditions and limitations:
<br />1. Contractor shall have an audit made in accordance with the Single Audit
<br />Act of 1984, P.L. 98 -502 (hereinafter referred to as. "Audit Act "), and OMB's
<br />Circular No. A -128, "Audit Requirements for State and Local Governments," 49
<br />Fed.Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which
<br />Contractor receives $25,000.00 or more ih Federal financial assistance. For
<br />purposes of this Section 19, "Federal financial assistance" means assistance
<br />provided by a Federal agency in the form of grants, contracts, cooperative
<br />Agreements, loans; loan guarantees, property.- interest tubsidies,'insurance,
<br />or direct appropriations, but does not include direct Federal cash assistance
<br />to individuals. It includes awards received directly from Federal agencies,
<br />or indirectly through other units of State and local governments.
<br />2:.' At the•option=of Contractor; each audit required by-this--section may
<br />cover either Contractor's entire operations or each department, agency, or
<br />establishment of Contractor which received,. expended, or otherwise
<br />administered federal financial assistance.
<br />3. Unless otherwise specifically authorized by Department in writing,
<br />Contractor shall submit the report 6f-such-audit to Department within thirty
<br />(30) days after the completion of the audit, but no later than one year after
<br />the end of the audit period. Audits - performed under this Section 19 are
<br />subject to review and resolution by Department -or its authorized
<br />representative.• Resolution of findings shall be made within six (6) months
<br />after receipt of the audit report by Department...
<br />B. Contractor shall take such action to facilitate the performance of such
<br />audit or-audits conducted pursuant to this Section 19 as Department of the
<br />U.S. Department of Housing and Urban Development (HUD) may require of
<br />Contractor.
<br />SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
<br />A. Contractor understands and agrees that 'by the execution of this contract
<br />Contractor shall assume the responsibilities for environmental review,
<br />decision- making, and other action -which would otherwise apply to Department
<br />under Section 5304(f) of the Housing and -Community Development Act of 1974,
<br />in accordance with and to the extent,specified in 24 C.F.R. Part 58. In
<br />accordance with Section 58.77(b)'of such regulations, Contractor further
<br />understands and agrees that Contractor shall. handle inquiries and complaints
<br />from persons and agencies seeking redress in relation to environmental
<br />reviews covered by approved certifications.
<br />PAGE 9 OF 11
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