SANTA ANA UNIFIED SCHOOL DISTRICT (SAUSD) (4)

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discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of the Districts authority to commit and spend funds, or may restrict the Districts use of both its uncommitted and its unspent funds. Where HUD has directed or requested the City to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, the City's City Manager or delegate is authorized to act for the City in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, the District shall be permitted to de -scope accordingly. In no event, however, shall any revisions made by the City affect expenditures and legally binding commitments made by the District before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such eor mitrnents are consistent with HUD cash withdrawal guidelines. Closeout. The District agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. District must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terns and conditions of the Federal award; 2. Unless the City authorizes an extension, District must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of perfonnance as specified in the teens and. conditions of the Federal award; 3. District roust promptly refund any balances of unobligated cash that the City paid in advance or paid and that is not authorized to be retained by District for use in other projects (See OMB Circular A•129 and 2 CFR §200.345); 4. District must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-200.316 and 200.329; and, 5. The City should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. T. Liability Resulting from CDBG Requirements, Notwithstanding any other provision provided herein, the Parties acknowledge and agree that any amounts, including without limitation costs, charges, fees, penalties, or delays of the Project, incurred by the District directly or indirectly arising out of, connected with, or resulting from the obligations required by the Parties' participation in and use of finds from the HUD CDBG program, including as a result of any audit performed in connection therewith, shall be home by and the responsibility of the City, except as otherwise mutually agreed to in writing by the Parties or if said amounts are incurred wholly because of the sole negligence or willful misconduct of the District. Exhibit 2