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designated under an agreement executed by the CEO(s) of the local units of <br />government. The CEO(s) designated under the agreement shall be liable to the <br />EDD for all funds not expended in accordance with the WIOA, and shall return <br />to the EDD all of those funds. <br />9. Accounting and Cash Management <br />a). Subrecipient will comply with controls, record keeping and fund accounting <br />procedure requirements of WIOA,federal and state regulations, and directives to <br />ensure the proper disbursal of, and accounting for, program funds paid to the <br />Subrecipient and disbursed by the Subrecipient, under this subgrant agreement. <br />b). Subrecipient will submit requests for cash to coincide with immediate cash needs <br />and assure that no excess cash is on deposit in their accounts or the accounts <br />of any sub -contracting service provider in accordance with procedures established <br />by the Pass -through Entity. Failure to adhere to these provisions may result in <br />suspending cash draw down privileges and providing funds through a reimbursement <br />process. <br />c). The Pass -through Entity retains the authority to adjust specific amounts of <br />cash requested if the Pass -through Entity's records and subsequent verification <br />with the Subrecipient indicate that the Subrecipient has an excessive amount <br />of cash in its account. <br />d). Income (including interest income) generated as a result of the receipt of WIOA <br />activities, will be utilized in accordance with policy and procedures established <br />by the Pass -through Entity. Subrecipient will account for any such generated <br />income separately. <br />a). Subrecipient shall not be required to maintain a separate bank account but shall <br />separately account for WIOA funds on deposit. All funding under this subgrant <br />agreement, will be made by check or wire transfer payable to the Subrecipient <br />for deposit in Subrecipient's bank account or city and county governmental <br />bank accounts. To provide for the necessary and proper internal controls, funds <br />should be withdrawn and disbursed by no less than two representatives of <br />the Subrecipient. The Pass -through Entity will have a lien upon any balance <br />of WIOA funds in these accounts, which will take priority over all <br />other liens or claims. <br />10. Amendments <br />This subgrant agreement may be unilaterally modified by the Pass -through <br />Entity under the following circumstances: <br />a). There is an increase or decrease in federal or state funding levels. <br />b). A modification to the Subgrant is required in order to implement an <br />adjustment to a Subrecipient's plan. <br />c). Funds awarded to the Subrecipient have not been expended in accordance with <br />the schedule included in the approved Subrecipient's plan. After consultation <br />with the Subrecipient, the Pass -through Entity has determined that funds <br />will not be spent in a timely manner, and such funds are for that reason to the <br />extent permitted by and in a manner consistent with state and federal law, <br />regulations and policies, reverting to the Pass -through Entity. <br />d). There is a change in state and federal law or regulation requiring a change <br />in the provisions of this subgrant agreement. <br />e). An amendment is required to change the Subrecipient's name as listed on <br />this subgrant agreement. Upon receipt of legal documentation of the name <br />change the state will process the amendment. Payment of invoices presented <br />with a new name cannot be paid prior to approval of said amendment. <br />Except as provided above, this subgrant agreement may be amended only in writing by <br />Page 11 of 21 <br />