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cash, and closeout information by the specified dates as prescribed by the Pass -through <br />Entity. All expenditure reports must be submitted upon the accrual basis of accounting. <br />Failure to adhere to the reporting requirements of this agreement will result in funds <br />not being released. <br />1 B. Records <br />a. If participants are served under this subgrant agreement, the Subrecipient will <br />establish a participant data system as prescribed by the Pass -through Entity. <br />b. Subrecipient will retain all records pertinent to this subgrant agreement for a <br />period of three years from the date of final payment of this subgrant agreement. If, <br />at the end of three years, there is litigation or an audit involving those records, <br />the Subrecipient will retain the records until the resolution of such litigation or <br />audit. Refer to OMB Guidance, Subpart D, Part 200.333-200.337. <br />c. The Pass -through Entity and/or the DOL, or their designee (refer to OMB Guidance, <br />section 200.336) will have access to and right to examine, monitor and audit all <br />records, documents, conditions and activities related to programs funded by this <br />subgrant agreement. For purposes of this section, "access to" means that the <br />Subrecipient shall at all times maintain within the State of California a complete <br />set of records and documents related to programs funded by this agreement. The <br />Subrecipient shall comply with this requirement regardless of whether it ceases to <br />operate or maintain a presence within the State of California before the expiration <br />of the subgrant. Subrecipient's performance under the terms and conditions herein <br />specified will be subject to an evaluation by the Pass -through Entity of the adequacy <br />of the services performed, timeliness of response and a general impression of the <br />competency of the firm and its staff. <br />19. Subcontracting <br />a. Any of the work or services specified in this subgrant agreement which will be <br />performed by other than by the Subrecipient will be evidenced by a written agreement <br />specifying the terms and conditions of such performance. <br />b. The Subrecipient will maintain and adhere to an appropriate system, consistent with <br />federal, state and local law, for the award and monitoring of contracts which contain <br />acceptable standards for ensuring accountability. <br />c. The system for awarding contracts will contain safeguards to ensure that the <br />Subrecipient does not contract with any entity whose officers have been convicted of <br />fraud or misappropriation of funds within the last two years. <br />20. Consultants <br />Fees paid to a consultant, who provides services under a program, shall be limited to <br />$750 per day (representing an 8 hour work day). Any fees paid in excess of this amount <br />cannot be paid without prior approval from the Grant Officer. <br />21. Conflicts <br />a. Subrecipient will cooperate in the resolution of any conflict with the DOL that may <br />occur from the activities funded under this agreement. <br />b. In the event of a dispute between the Pass -through Entity and the Subrecipient over <br />any part of this subgrant agreement, the dispute may be submitted to non -binding <br />arbitration upon the consent of both the Pass -through Entity and the Subrecipient. An <br />election for arbitration pursuant to this provision will not preclude either party <br />from pursuing any remedy for relief otherwise available. <br />22. Indemnification <br />a. The following provision applies only if the Subrecipient is a governmental entity: <br />Pursuant to California Government Code § 895.4, each party agrees to indemnify and <br />hold the other party harmless from all liability for damage to persons or property <br />arising out of or resulting from acts or omissions of the indemnifying party. <br />Page 9 of 17 <br />