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Subrecipient:City of Santa Ana <br />WIOA SUBGRANT AGREEMENT <br />Subgrant No:AA511027 <br />Modification No: New <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 WICK 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 H. 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, Subrecipients must provide the Pass -through Entity evidence of the <br />coverage specified in paragraphs (i), (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. H. 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 />