Subrecipient:City of Santa Ana Subgrant No:AA611027
<br /> Modification No: New
<br /> WIOA SUBGRANT AGREEMENT
<br /> 1. Compliance In performance of this subgrant agreement, Subrecipient will fully comply with: a. The provisions of
<br /> the Workforce Innovation and Opportunity Act(WIOA), (29 U.S.C. §§ 3101-3361 (2014), WIOA Final Regulations,
<br /> and all legislation, regulations, directives, policies, procedures and amendments issued pursuant thereto. b.All State
<br /> legislation and regulations to the extent permitted by federal law and all policies,directives and/or procedures, which
<br /> implement WIOA. c. Title 2, Code of Federal Regulations (C.F.R.) part 200 (Office of Management and Budget
<br /> Guidance) [OMB Guidance]. d. Title 2, C.F.R. Part 2900 (Uniform Administrative Requirements, Cost Principles, and
<br /> Audit Requirements for Federal Awards)[Uniform Requirements]. e.The provisions of the Jobs for Veterans Act
<br /> (Pub. L. No. 107-288)as the law applies to Department of Labor(DOL)job training programs. f. Subrecipient will
<br /> ensure diligence in managing programs under this subgrant agreement, including performing appropriate monitoring
<br /> activities and taking prompt corrective action against known violations of WIOA. 2. Certifications,Assurances,
<br /> Standards Except as otherwise indicated, the Subrecipient agrees to comply with the certifications, assurances and
<br /> standards set out in Exhibit A: Certifications and Assurances, Exhibit B: Intellectual Property Provisions and Exhibit
<br /> C: Confidentiality Requirements. Failure to comply with all requirements of the certifications, assurances and
<br /> standards may result in suspension of payment under this subgrant agreement or termination of this subgrant
<br /> agreement or both, and the Subrecipient may be ineligible for award of future state subgrant agreements/contracts if
<br /> the Pass-through Entity determines that any of the following has occurred: a. false information on the certifications,
<br /> assurances and standards, or b. violation of the terms of the certifications, assurances and standards by failing to
<br /> comply with the requirements noted in Exhibits A, B and C. 3. Funding It is mutually understood between the parties
<br /> that this subgrant agreement may have been written before ascertaining the availability of congressional and
<br /> legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays
<br /> which would occur if the subgrant agreement was executed after that determination was made. a. This subgrant
<br /> agreement is valid and enforceable only if i. sufficient funds are made available by the State Budget Act of the
<br /> appropriate state fiscal years covered by this subgrant agreement for the purposes of this program, and ii. sufficient
<br /> funds are made available to the state by the United States Government for the fiscal years covered by this subgrant
<br /> agreement for the purposes of this program. In addition, this subgrant agreement is subject to any additional
<br /> restrictions, limitations, or conditions enacted by the Congress and Legislature or any statute enacted by the
<br /> Congress and Legislature which may affect the provisions,terms, or funding of this subgrant agreement in any
<br /> manner. b. At the expiration of the terms of this subgrant agreement or upon termination prior to the expiration of this
<br /> subgrant agreement, funds not obligated for the purpose of this subgrant agreement will be immediately remitted to
<br /> the Pass-through Entity, and no longer available to the Subrecipient. c. The Pass-through Entity retains the right to
<br /> suspend financial assistance, In whole or in part, to protect the integrity of the funds or to ensure proper operation of
<br /> the program, providing the Subrecipient is given prompt notice and the opportunity for an informal review of the
<br /> Pass-through Entity's decision. The EDD Chief Deputy Director or his/her designee will perform this informal review
<br /> and will issue the final administrative decision within 60 days of receiving the written request for review. Failure on
<br /> the part of the Subrecipient or a Subcontractor of the Subrecipient to comply with the provisions of this subgrant
<br /> agreement, or with WIOA or other applicable regulations, when such failure involves fraud or misappropriation of
<br /> funds, may result in immediate withholding of funds. d. If applicable,the chief elected official (CEO)of a unit of
<br /> general local government designated as a Local Workforce Development Area shall be liable to the Pass-through
<br /> Entity for all funds not expended in accordance with WIOA, and shall return to the Pass-through Entity all of those
<br /> funds. if there is more than one unit of general local government in a local area, the CEO(s)will be the individual(s)
<br /> designated under an agreement executed by the CEO(s)of the local units of government. The CEO(s)designated
<br /> under the agreement shall be liable to the Pass-through Entity for all funds not expended in accordance with WIOA,
<br /> and shall return to the Pass-through Entity all of those funds. 4. Requirement to Provide Certain Information in Public
<br /> Communications (Steven's Amendment) Pursuant to Public Law 116-260, Division H, Title V, Section 505, when
<br /> issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects
<br /> or programs funded in whole or in part with Federal money, all non-Federal entities receiving Federal funds shall
<br /> clearly state: a. The percentage of the total costs of the program or project which will be financed with Federal
<br /> money; b. The dollar amount of Federal funds for the project or program; and c.The percentage and dollar amount
<br /> of the total costs of the project or program that will be financed by non-governmental sources. 5. Insurance a. Except
<br /> for city and county governmental entities, Subreciplents must provide the Pass-through Entity evidence of the
<br /> coverage specified in paragraphs(1), (ii), (iii)and (iv)below. The evidence of coverage shall include the registration
<br /> number of the subgrant agreement for identification purposes. i. Subrecipient will obtain a fidelity bond in an amount
<br /> of not less than , prior to the receipt of funds under this subgrant agreement. If the bond is
<br /> canceled or reduced, Subrecipient will immediately notify the Pass-through Entity. In the event the bond is canceled
<br /> or revised, the Pass-through Entity will make no further disbursements until it is assured that adequate coverage has
<br /> been obtained. ii. Subrecipient will provide general liability insurance with a combined limit of$1,000,000, or public
<br /> liability and property damage coverage with a combined limit of not less than $1,000,000. iii. Subrecipient will provide
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