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For purposes of this section, "access to" means that the Subrecipient shall at all times <br />maintain within the State of California a complete set of records and documents related to <br />programs funded by this agreement. The Subrecipient shall comply with this requirement <br />regardless of whether it ceases to operate or maintain a presence within the State of <br />California before the expiration of the subgrant. Subrecipient's performance under the <br />terms and conditions herein specified will be subject to an evaluation by the <br />Pass -through Entity of the adequacy of the services performed, timeliness of response <br />and a general impression of the competency of the firm and its staff. <br />14. Audits <br />a). The Subrecipient will maintain and make available to auditors, at all levels, accounting <br />and program records including supporting source documentation and cooperate with all auditors. <br />All governmental and non-profit organizations must follow the audit requirements <br />(single audit or program -specific audit requirement) of Uniform Guidance 2 CFR Part <br />200 and DOL Exceptions 2 CFR Part 2900. <br />b). The Subrecipient and/or auditors performing monitoring or audits of the Subrecipient <br />or its sub -contracting service providers will immediately report to the Pass -through Entity <br />any incidents of fraud, abuse or other criminal activity in relation to this subgrant <br />agreement, the WIOA, or its regulations. <br />15. Disallowed Costs <br />Except to the extent that the state determines it will assume liability, the Subrecipient <br />will be liable for and will repay, to the Pass -through Entity, any amounts expended under <br />this subgrant agreement found not to be in accordance with WIOA including, but not limited to, <br />disallowed costs. Such repayment will be from funds (Non -Federal), other than those <br />received under the WI CA. <br />16, Conflicts <br />a). Subrecipient will cooperate in the resolution of any conflict with the DOL that may occur <br />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. <br />An election for arbitration pursuant to this provision will not preclude either party <br />from pursuing any remedy for relief otherwise available. <br />17, Grievances and Complaint System <br />Subrecipient will establish and maintain a grievance and complaint procedure in <br />compliance with the WIOA, the Uniform Guidance 2 CFR Part 200, DOL Exceptions 2 <br />CFR Part 2900, federal regulations and state statues, regulations and policy. <br />18. Property <br />All property, whether finished or unfinished documents, data, studies and reports <br />prepared or purchased by the Subrecipient under this subgrant agreement, will be <br />disposed of in accordance with the direction of the Pass -through Entity. In addition, <br />any tools and/or equipment furnished to the Subrecipient by the Pass -through Entity <br />and/or purchased by the Subrecipient with funds pursuant to this subgrant agreement <br />will be limited to use within the activities outlined in this subgrant agreement and <br />will remain the property of the United States Government and/or the Pass -through Entity. <br />Upon termination of this subgrant agreement, Subrecipient will immediately return such <br />tools and/or equipment to the Pass -through Entity or dispose of them in accordance with <br />the direction of the Pass -through Entity. <br />19. Intellectual Property Provisions <br />a). Federal Funding <br />In any subgrant funded in whole or in part by the federal government, Pass -through <br />Page 13 of 21 <br />