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4 <br /> <br />f. Audited Financial Statements. In any fiscal year in which Subrecipient expends <br />$750,000 or more in federal awards during such fiscal year, including awards received <br />as a subrecipient, the Subrecipient must comply with the federal audit requirements <br />contained in the Uniform Guidance, 2 CFR Part 200, including the preparation of an <br />audit by an independent Certified Public Accountant in accordance with the 31 U.S.C. <br />§§ 7501 et seq., and with Generally Accepted Accounting Principles. If the <br />Subrecipient expends less than $750,000 in federal awards in any fiscal year, it is <br />exempt from federal audit requirements, but its records must be available for review by <br />the County and appropriate officials of the Federal Government, and it must still have <br />a financial audit performed for that year by an independent Certified Public <br />Accountant. The Subrecipient shall provide the County with a copy of Subrecipient’s <br />most recent audited financial statements, federal Single Audit report, if applicable <br />(including financial statements, schedule of expenditures of federal awards, schedule <br />of findings and questioned costs, summary of prior audit findings, and corrective action <br />plan, if applicable), and management letter within thirty (30) days after execution of <br />this Agreement and thereafter within nine (9) months following the end of the <br />Subrecipient’s most recently ended fiscal year. <br /> <br />g. Program Income. The Subrecipient shall track and maintain monthly reports <br />describing all program income, as defined in 2 CFR 200.80, generated by activities <br />carried out with ARPA Funds made available under this Agreement. The use of <br />program income by the Subrecipient shall comply with requirements set forth in 2 CFR <br />200.307 and other applicable requirements, including those currently in effect and that <br />may be promulgated by Authorities during the term. Subrecipient acknowledges that <br />program income obligations may require Subrecipient to allocate program income to <br />Project-related purposes. Subrecipient, and not the County, shall be entirely <br />responsible for the use of program income generated by Subrecipient. Notwithstanding <br />the preceding, Subrecipient and County acknowledge that fees collected for broadband <br />service should be exempt or otherwise excluded from program income and will abide <br />by any future Treasury guidance to that position. <br /> <br />h. Subrecipient agrees that acceptance of final payment from the County will constitute <br />an agreement by Subrecipient to release and forever discharge the County, its agents, <br />employees, representatives, affiliates, successors and assigns from any and all claims, <br />demands, damages, liabilities, actions, causes of action or suits of any nature <br />whatsoever, which Subrecipient has at the time of acceptance of final payment or may <br />thereafter have, arising out of or in any way relating to any a nd all injuries and damages <br />of any kind as a result of or in any way relating to this Agreement. The Subrecipient’s <br />obligations to the County under this Agreement shall not terminate until all closeout <br />requirements are completed to the satisfaction of the County. Such requirements shall <br />include submitting final reports to the County and providing any closeout-related <br />information requested by the County by the deadlines specified by the County. This <br />provision shall survive the expiration or termination of this Agreement. <br /> <br />7. Subrecipient Responsibilities: Compliance with Grant Agreement and Applicable Laws <br /> <br />a. In General. Subrecipient shall perform all activities funded by this Agreement in <br />accordance with the Contract Documents, the award agreement between the County <br />and the Department of Treasury, and all applicable federal, state and local <br />DocuSign Envelope ID: 32FCA70F-8C9D-4D85-A0BE-B88413353B8B