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prevailing wages must be paid in accordance with the Davis —Bacon Act, <br />as amended, 40 U.S.C. 276(a) and'276(a) (7), and in compliance with <br />labor standards as specified by the Secretary of Labor. CITY further <br />agrees that any federal funds which are expended improperly by the <br />CITY shall be refunded to the COUNTY. CITY shall perform administration <br />and audit functions required by the Davis —Bacon Act. <br />No person shall, on the basis of race, color, national origin, <br />or sex, be excluded from participation in or be denied the benefits <br />of, or be subject to discrimination under, any program or activity <br />funded in whole or in part with funds made available under this <br />agreement. <br />IX <br />CITY agrees the facility to be provided under this contract must <br />be retained for social service njirposes, along with the level of <br />operation and maintenance adequate to insure the maximum utilization <br />of the facility by the public for social services purposes and that <br />the use of the property shall be granted to all residents of the County <br />on the same conditions that residents of CITY use the property and if <br />the facility ceases to be used for said, purposes by CITY, and such <br />cessation is not approved by the Board of Supervisors, CITY shall repay <br />to COUNTY the sum contributed by the C0UPJTY under this agreement. <br />X <br />CITY agrees that $90,000 shall be used exclusively for planning and <br />implementing services to assist in the transportation needs of Senior <br />Citizens to and from the Center. <br />