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Subrecipient:SANTAANA WORKFORCE INV BOARD Subgrant No:K91T0047 IBIT 2 <br />Modification No: New <br />WIOA SUBGRANT AGREEMENT <br />1. Compliance <br />In performance of this subgrant agreement, Subrecipient will fully comply with: <br />a. The provisions of the Workforce Innovation and Opportunity Act (WIOA), <br />(29 U.S.C. §§ 3101- 3361 (2014), WIOA Final Regulations, and all legislation, <br />regulations, directives, policies, procedures and amendments Issued pursuant thereto. <br />b. All State legislation and regulations to the extent permitted by federal law and all <br />policies, directives and/or procedures, which implement WIOA. <br />c. Title 2, Code of Federal Regulations (C.F.R.) part 200 (Office of Management and <br />Budget Guidance) [OMB Guidance]. <br />d. Title 2, C.F.R. Part 2900 (Uniform Administrative Requirements, Cost Principles, and <br />Audit Requirements for Federal Awards) [Uniform Requirements]. <br />e. The provisions of the Jobs for Veterans Act (Pub. L. No. 107-288) as the law applies <br />to Department of Labor (DOL) job training programs. <br />f. Subrecipient will ensure diligence in managing programs under this subgrant <br />agreement, including performing appropriate monitoring activities and taking prompt <br />corrective action against known violations of WIOA. <br />2. Certifications, Assurances, Standards <br />Except as otherwise indicated, the Subrecipient agrees to comply with the <br />certifications, assurances and standards set out in Exhibit A: Certifications and <br />Assurances, Exhibit B: Intellectual Property Provisions and Exhibit C: Confidentiality <br />Requirements. Failure to comply with all requirements of the certifications, assurances <br />and standards may result in suspension of payment under this subgrant agreement or <br />termination of this subgrant agreement or both, and the Subrecipient may be ineligible <br />for award of future state subgrant agreements/contracts if the Pass-through Entity <br />determines that any of the following has occurred: <br />a. false information on the certifications, assurances and standards, or <br />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. <br />3. Funding <br />It is mutually understood between the parties that this subgrant agreement may have <br />been written before ascertaining the availability of congressional and legislative <br />appropriation of funds, for the mutual benefit of both parties, in order to avoid <br />program and fiscal delays which would occur if the subgrant agreement was executed after <br />that determination was made. <br />a. This subgrant agreement is valid and enforceable only if <br />1. sufficient funds are made available by the State Budget Act of the appropriate <br />state fiscal years covered by this subgrant agreement for the purposes of this <br />program, and <br />H. sufficient funds are made available to the state by the United States <br />Government for the fiscal years covered by this subgrant agreement for the <br />purposes of this program. In addition, this subgrant agreement is subject to any <br />additional restrictions, limitations, or conditions enacted by the Congress and <br />Legislature or any statute enacted by the Congress and Legislature which may <br />affect the provisions, terms, or funding of this subgrant agreement in any <br />manner. <br />b. At the expiration of the terms of this subgrant agreement or upon termination prior <br />to the expiration of this subgrant agreement, funds not obligated for the purpose of <br />Page 5 of 17 <br />55E-9 <br />