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I <br />VII <br />The CITY acknowledges that funds being provided by COUNTY <br />are funds received by the County of Orange pursuant to the <br />state and local Fiscal Assistance Act of 1972, Public Law <br />92-512, and that expenditure of -these funds must be in <br />accordance with said law and regulations issued by agencies <br />of the federal government. CITY further acknowledges that <br />when such funds are used on any construction project for <br />which twenty five percent (25%) or more of the costs are <br />paid out of revenue funds, prevailing wages must be paid in <br />accordance with the Davis -Bacon Act, as amended, 40 U.S.C. <br />276(a) and 276(a)(7), and in compliance with labor standards <br />as specified by the Secretary of Labor. CITY further agrees <br />that any federal funds which are expended improperly by the <br />CITY shall be refunded to the COUNTY. <br />VIII <br />No person shall, on the basis of race, color, national origin, <br />or sex, be'excluded from participation in or be denied the <br />benefits of, or he subject to discrimination under, any program <br />or activity funded in whole or in part with funds made <br />available under this agreement. <br />Ix <br />CITY agrees'the'pr6jects under this program must he retained <br />for public parks, recreation or open space purposes, along <br />with the level of operation and maintenance adequat-_e to insure, <br />the maximum utilization of the project by <br />-4 <br />