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H. Every person who requests or receives a federal contract, grant, loan or <br />cooperative agreement from a federal agency or receives a request from a federal agency a <br />commitment that would provide for the United States to insure or guarantee a loan must file with <br />that agency a written declaration and certify that he or she has not made and will not make any <br />prohibited expenditure. Further, any person who requests or receives from a person referred to <br />above, a subcontract under a federal contract, a subgrant or contract under a federal grant, a <br />contract or subcontract to carry out any purpose for which a particular federal loan is made, or <br />contract under a federal cooperative agreement, is required to file a written declaration with the <br />person who received the federal contract, grant, loan or commitment to insure or guarantee a <br />loan. <br />I. Recipient Agency shall comply with all uniform administrative <br />requirements as described in 24 CFR Section 570.502. <br />6. Program Evaluation and Review/ Common Rule. Recipient Agency shall make <br />performance, financial and all other records pertaining to this MOU available to all City and HUD <br />personnel. City and HUD personnel may inspect and monitor Recipient Agency's facilities and <br />program operations, including the interview of Recipient Agency's staff and program <br />participants. Recipient Agency agrees to submit to City or HUD all data necessary to complete <br />the Annual Grantee Performance Report in accordance with HUD requirements and in the <br />format and at the time designated by City or HUD Project Directors or their designees. <br />Pursuant to CFR 85.40(a), the City manages the day-to-day operations of each grant and <br />subgrant supported activities. City staff has detailed knowledge of the grant program <br />requirements and monitors grant and subgrant supported activities to assure compliance with <br />Federal requirements. Such monitoring covers each program, function and activity and <br />performance goals are reviewed periodically. <br />7. Non-Discrimination and Equal Employment Opportunity. In the <br />performance of this MOU, Recipient Agency shall not discriminate against any <br />employee, subcontractor or employment applicant because of race, color, creed, <br />religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, <br />medical condition or sexual orientation. Recipient Agency will take affirmative action to <br />ensure that employees are treated without regard to their race, color, creed, religion, <br />sex, marital status, national origin, ancestry, age, physical or mental handicap, medical <br />condition or sexual orientation. <br />8. Reporting Requirement. Recipient Agency shall furnish to City copies of <br />all records indicating whether contractors and subcontractors employed on the project <br />are in compliance with the Davis-Bacon Act (40 U.S.C. § 276a et seq.). Such records <br />shall include without limitation: Federal and State wage determinations; documentation <br />of California State Contractor License status; documentation of Federal Debarment <br />status; and certified payroll records. Such records shall be furnished to the City within <br />15 days of the commencement of this Agreement, with the exception of payroll records, <br />which shall be furnished to City not less than 15 days following the period to which such <br />records are applicable. <br />5 <br />