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3. Audits and Inspections <br />All Subrecipient records with respect to any matters covered by this Agreement will be <br />made available to the Local Government, COMMERCE, and duly authorized officials of <br />the state and federal government, at any time during normal business hours, as often as <br />deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant <br />data. <br />Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within <br />30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the <br />above audit requirements will constitute a violation ofthis Agreement and may result in <br />the withholding of future payments. <br />The Subrecipient hereby agrees to have an annual agency audit conducted in accordance <br />with current Local Government policy concerning Subrecipient audits and OMB Circular <br />A-133. <br />C. Reporting <br />1. Program Income <br />The Subrecipient will report annually all program income (as defined at 24 CFR <br />570.500(a)) generated by activities carried out with CDBG funds made available under <br />this Agreement. The use of program income by the Subrecipient will comply with the <br />requirements set forth at 24 CFR 570.504. <br />2. Periodic Reports <br />The Subrecipient, at such times and in such forms as the Local Government may require, <br />will furnish the Local Government such periodic reports as it may request pertaining to <br />the work or services undertaken pursuant to this agreement, the costs and obligations <br />incurred or to be incurred in connection therewith, and any other matters covered by this <br />agreement. <br />D. Use and Reversion of Assets <br />The use and disposition of real property and equipment under this Agreement will be in <br />compliance with the requirements of24 CFR Part 84 and 24 CFR 570.502,570.503,570.504, <br />as applicable, which include but are not limited to the following: <br />1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and <br />any accounts receivable attributable to the use of funds under this Agreement at the time <br />of expiration, cancellation, or termination. <br />2. Real property under the Subrecipient's control that was acquired or improved, in whole <br />or in part, with funds under this Agreement in excess of $25,000 will be used to meet one <br />of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after <br />the contract between COMMERCE and the Local Government is closed. If the <br />Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG <br />National Objective for this lO-year period of time, the Subrecipient will pay the Local <br />Page 6 of 10