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Subgrantee SANTA ANA WORK CENTER WIA SnEGP-N AGREEMENT <br />Exhibit BE <br />page 6 of 14 <br />SU GRANT NO: K491019 <br />MODIFICATION N0: NEW <br />Congress and Legislature which may affect the provisions, terms, or funding of this suhgrant <br />agreement in any manner. <br />a). At the expiration of the terms of this subgrant agreement or upon termination prior to the <br />expiration of this subgrant agreement, funds not obligated for the purpose of this subgrant <br />agreement will be immediately remitted to the Subgrantor, and no longer available to the <br />Subgrantee. <br />b). The Subgrantor retains the right to suspend financial assistance, in whole or in part, to <br />protect the integrity of the funds or to ensure proper operation of the program, providing <br />the Subgrantee is given prompt notice and the opportunity for an informal review of the <br />Subgrantor-5 decision. The Chief Deputy Director or his designee will perform this <br />informal review and will issue the final administrative decision within 60 days of receiving <br />the written request for review. Failure on the part of the Subgrantee or a Subcontractor of <br />the Subgrantee to comply with the provisions of this subgrant agreement, or with the WIA or <br />regulations, when such failure involves fraud or misappropriation of funds, may result in <br />immediate withholding of funds. <br />c). The local Chief Elected Official (CEO) of a unit of general local government designated as a <br />Local Workforce Investment Area (LWIA) shall be liable to the EDD for all funds not extended <br />in accordance with WIA, and shall return to the EDD all of those funds. If there is more than <br />one unit of general local government in a LWIA, 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 <br />CEOs) designated under the agreement shall be liable to the EDD for all funds not expended <br />in accordance with the WIA, and shall return t0 the EDD all of those funds. <br />9. Accounting and Cash Management <br />a). Subgrantee will comply with controls, record keeping and fund accounting procedure <br />requirements of WIA, federal and state regulations and directives to ensure the proper <br />disbursal of, and accounting for, program funds paid to the Subgrantee and disbursed by the <br />Subgrantee, under this subgrant agreement. <br />b). Subgrantee will submit requests for cash to coincide with immediate cash needs and assure <br />that no excess cash is on deposit in their accounts or the accounts of any sub -contracting <br />service provider in accordance with procedures established by the Subgrantor. Failure to <br />adhere to these provisions may result in suspending cash draw down privileges and <br />providing funds through a reimbursement process. <br />c). The Subgrantor retains the authority to adjust specific amounts of cash requested if the <br />Subgrantor's records and subsequent verification with the Subgrantee indicate that the <br />Subgrantee has an excessive amount of cash in its account. <br />d). Income (including interest ince..) generated as a result of the receipt of WIA activities, <br />will be utilized in accordance with policy and procedures established by the Subg... tor. <br />Subgrantee will account for any such generated income separately. <br />e). Subgrantee shall not be required to maintain a separate bank account but shall separately <br />account for WIA funds on deposit. All funding under this subgrant agreement, will be made by <br />check or wire transfer payable to the Subgrantee for deposit in Subgrantee's bank account or <br />city and county governmental bank accounts. To provide for the necessary and proper internal <br />controls, funds should be withdrawn and disbursed by no less than two representatives of the <br />Subgrantee. The Subgrantor will have a lien upon any balance of WIA funds in these accounts, <br />which will take priority over all other liens or claims. <br />10. Amendmer.Cs <br />This subgrant agreement may be unilaterally modified by the Subgrantor under the following <br />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 adjustment to a <br />Subgrantee's plan. <br />c). Funds awarded to the Subgrancee have not been expended in accordance with the schedule <br />included in the approved Subgrantee's plan. After consultation with the Subgrantee, the <br />Subgranter has determined that funds will not be scent in a timely manner, and such funds <br />are for that reason to the extent permitted by and in a manner consistent with state and <br />federal law, regulations and policies, reverting to the Subgrantor. <br />d;. There is a change in state and federal law or regulation requiring a change in the provisions <br />of this subgrant agreement. <br />e) An amendment is required to change the Subgrantees' name as listed on this subgrant <br />agreement. noon receipt of legal documentation of tte name change the state will process <br />the amendment. Payment of invoices presented with a new name cannot be paid prior to <br />