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REV: 11-17-23 SK <br />11. ACCESS TO RECORDS. Subrecipient will furnish and cause each of its own <br />subrecipients and/or subcontractors to furnish all information and reports required <br />hereunder and will permit access to its books, records and accounts by City, HUD or its <br />agent, or other authorized Federal officials for purposes of investigation to ascertain <br />compliance with the rules, regulations and provisions stated herein. <br />12. NONCOMPLIANCE BY SUBRECIPIENT. If Subrecipient fails to comply with <br />Federal statutes, regulations or the terms and conditions of this Agreement, City may <br />impose additional conditions, as described in 2 CFR Section 200.208. If City determines <br />that noncompliance cannot be remedied by imposing additional conditions, City may take <br />one or more of the following actions, as described in 2 CFR Section 200.339, as <br />appropriate in the circumstances: <br />a) Temporarily withhold cash payments pending correction of the deficiency <br />by Subrecipient or more severe enforcement action by City; <br />b) Deny both use of funds and any applicable matching credit for all or part of <br />the cost of the activity or action not in compliance; <br />c) Wholly or partly suspend or terminate this Agreement and the Subaward; <br />d) Recommend that HUD initiate suspension or debarment proceedings as <br />authorized under 2 CFR Part 180 and HUD regulations (or in the case of a pass- <br />through entity, recommend such a proceeding be initiated by a Federal awarding <br />agency); <br />e) Withhold further awards for the project or program; or <br />f) Take other remedies that may be legally available. <br />13. TERMINATION. <br />A. In accordance with 2 CFR Section 200.340 and Section 200.341, City may <br />suspend or terminate this Agreement if Subrecipient materially fails to comply with <br />any term of this Agreement or the terms and conditions of the Subaward provided <br />hereunder by providing written notice to Subrecipient, which will state that the <br />termination decision may be considered in evaluating future applications received <br />from Subrecipient. <br />B. In accordance with 2 CFR Section 200.340 and Section 200.341, City may <br />terminate this Agreement for cause by providing written notice to Subrecipient. <br />C. In accordance with 2 CFR Section 200.340, City may terminate this <br />Agreement for convenience with the consent of Subrecipient after both parties <br />have agreed upon the termination conditions, including the effective date and, in <br />the case of partial termination, the portion to be terminated. <br />D. In accordance with 2 CFR Section 200.340, Subrecipient may terminate this <br />Agreement upon sending City written notification setting forth the reasons for such <br />ATTY/AGR.2023.273/Mental Health Association (Spring Street Shelter) (Page 5 of 16)