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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 <br /> Page 4 of 14 <br />