STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPT. (2)

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14. Unenforceable Position In the event that any provision of this subgrant agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this subgrant agreement have force and effect and shall not be affected hereby. 15. Accounting and Cash Management a. Subrecipient will comply with controls, record keeping and fund accounting procedure requirements of WIOA, federal and state regulations, and directives to ensure the proper disbursal of, and accounting for, program funds paid to the Subrecipient and disbursed by the Subrecipient, under this subgrant agreement. b. Subrecipient will submit requests for cash to coincide with immediate cash needs and assure that no excess cash is on deposit in their accounts or the accounts of any sub -contracting service provider in accordance with procedures established by the Pass -through Entity. Failure to adhere to these provisions may result in suspending cash draw down privileges and providing funds through a reimbursement process. c. The Pass -through Entity retains the authority to adjust specific amounts of cash requested if the Pass -through Entity's records and subsequent verification with the Subrecipient indicate that the Subrecipient has an excessive amount of cash in its account. d. Income (including interest income) generated as a result of the receipt of WIOA activities, will be utilized in accordance with policy and procedures established by the Pass -through Entity. Subrecipient will account for any such generated income separately. e. Subrecipient shall not be required to maintain a separate bank account but shall separately account for WIOA funds on deposit. All funding under this subgrant agreement, will be made by check or wire transfer payable to the Subrecipient for deposit in Subrecipient's bank account or city and county governmental bank accounts. To provide for the necessary and proper internal controls, funds should be withdrawn and disbursed by no less than two representatives of the Subrecipient. The Pass - through Entity will have a lien upon any balance of WIOA funds in these accounts, which will take priority over all other liens or claims. 16. Amendments This subgrant agreement may be unilaterally modified by the Pass -through Entity under the following circumstances: a. There is an increase or decrease in federal or state funding levels. b. A modification to the Subgrant is required in order to implement an adjustment to a Subrecipient's plan. c. Funds awarded to the Subrecipient have not been expended in accordance with the schedule included in the approved Subrecipient's plan. After consultation with the Subrecipient, the Pass -through Entity has determined that funds will not be spent in a timely manner, and such funds are for that reason to the extent permitted by and in a manner consistent with state and federal law, regulations and policies, reverting to the Pass -through Entity. d. There is a change in state and federal law or regulation requiring a change in the provisions of this subgrant agreement. e. An amendment is required to change the Subrecipient's name as listed on this subgrant agreement. Upon receipt of legal documentation of the name change, the state will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Except as provided above, this subgrant agreement may be amended only in writing by the mutual agreement of both parties. 17. Reporting Subrecipient will compile and submit reports of activities, expenditures, status of Page 8 of 17