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U.S. Department of Housing and Urban Development—Federal Award Agreement
<br /> such a manner as to allow HUD to determine that all funds are and have been expended in accordance with
<br /> program requirements and in a manner consistent with applicable law.
<br /> Further,the Recipient hereby acknowledges that HUD is in the process of implementing new grants
<br /> management and reporting tools,which will be made available for the Recipient's use in the future.The
<br /> Recipient agrees to report on grant performance and financial activities(including vendor and cash
<br /> disbursement supporting details for the Recipient and its subrecipients)using these new tools when they are
<br /> released.HUD will work with the Recipient to support the Recipient's transition to this new reporting
<br /> environment.Once implemented,timely reporting in this new environment will be mandatory.HUD reserves
<br /> the right to exercise all of its available rights and remedies for any noncompliance with these grants
<br /> management and financial reporting requirements,to include,without limitation,requiring 100°%review,
<br /> suspension of disbursements,and all other legally available remedies,to the furthest extent permitted by law,
<br /> as amended.
<br /> 8. Noncompliance.If the Recipient fails to comply with the provisions of this agreement,HUD may take one or
<br /> more of the actions provided in program statutes,regulations or 2 C.F.R.§200.339,as applicable.Nothing in
<br /> this agreement shall limit any remedies otherwise available to HUD in the case of noncompliance by the
<br /> Recipient.No delay or omissions by HUD in exercising any right or remedy available to it under this agreement
<br /> shall impair any such right or remedy or constitute a waiver of or acquiescence in any Recipient
<br /> noncompliance.
<br /> 9. Termination provisions.Unless superseded by program statutes,regulations or NOFOs,the termination
<br /> provisions in 2 C.F.R.§200.340 apply.
<br /> 10. Build America,Buy America.The Recipient must comply with the requirements of the Build America,Buy
<br /> America(BABA)Act,41 U.S.C.§8301 note,and all applicable rules and notices,as may be amended,if
<br /> applicable.Pursuant to HUD's Notice,"Public Interest Phased Implementation Waiver for FY 2022 and 2023
<br /> of Build America,Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance"(88
<br /> Fed.Reg.17001),BABA requirements apply to any infrastructure projects HUD has obligated funds for after
<br /> the effective dates,unless excepted by a waiver.
<br /> 11. Waste,Fraud,Abuse,and Whistleblower Protections.Any person who becomes aware of the existence or
<br /> apparent existence of fraud,waste,or abuse of any HUD award must report such incidents to both the HUD
<br /> official responsible for the award and to HUD's Office of Inspector General(OIG).Allegations of fraud,waste,
<br /> and abuse related to HUD programs can be reported to the HUD 010 hotline via phone at 1-800-347-3735 or
<br /> online hotline form.The Recipient must comply with 41 U.S.C.§4712,which includes informing employees in
<br /> writing of their rights and remedies,in the predominant native language of the workforce.Under 41 U.S.C.§
<br /> 4712,employees of a government contractor,subcontractor,recipient,and subrecipient—as well as a
<br /> personal services contractor—who make a protected disclosure about a Federal award or contract cannot be
<br /> discharged,demoted,or otherwise discriminated against if they reasonably believe the information they
<br /> disclose is evidence of(1)gross mismanagement of a Federal contract or award;(2)waste of Federal funds;
<br /> (3)abuse of authority relating to a Federal contract or award;(4)substantial and specific danger to public
<br /> health and safety;or(5)violations of law,rule,or regulation related to a Federal contract or award.
<br /> 12. Third-Party Claims.Nothing in this agreement shall be construed as creating or justifying any claim against
<br /> the federal government or the Recipient by any third party.
<br /> 13. Rule of Construction and No Construction Against Drafter. Notwithstanding anything contained in this
<br /> agreement,the terms and conditions hereof are to be construed to have full and expansive effect in both
<br /> interpretation and application,and the parties agree that the principle of interpretation that holds that
<br /> ambiguities in terms or conditions are construed against the drafter shall not apply in interpreting this
<br /> agreement.
<br /> C.Federal Award Performance Goals
<br /> The Recipient must meet any applicable performance goals,indicators,targets,and baseline data as required by
<br /> applicable program requirements.
<br /> [14.218,14.225,14.228,CDBG,FY 2025] Page 3 of 8
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