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10. Grantee assures Agency that if it is required to formulate an Equal <br /> Employment Opportunity Program in accordance with 28 C.F.R. 42.301 et sec . it will submit <br /> a certification to Agency that a current program is on file. <br /> 11. Grantee shall ensure that fifty thousand, five hundred and no/100 <br /> dollars (550,500.00 are available as matching funds to provide the services under this <br /> Contract. Grantee shall maintain records which clearly and accurately show the source, amount <br /> and the timing of match contributions. If, at the end of the contract period, Agency deternlines <br /> that Grantee does not have the required matching contribution, Grantee shall return all of the <br /> federal portion of the project cost for dvhich there is no required match. <br /> 12. Any funds provided to Grantee under this Contract which are <br /> unencumbered on the date this Contract terminates shall be returned to Agency; all funds <br /> provided under this Contract `vhich are encumbered but not disbursed within ninety (90) days <br /> after this Contract terminates shall be returned to Agency. <br /> D. PERSONNEL. <br /> 1. Grantee shall secure at its own expense all personnel required to <br /> perform the services required under this Contract. All such personnel shall not be considered <br /> employees of, or have any contractual relationship with the State of Hawaii unless Grantee is <br /> otherwise an agency of the State. <br /> 2. Grantee shall ensure that none of the work or services to be <br /> provided under this Contract shall be subcontracted or assigned without the prior written <br /> approval of Agency. <br /> <br /> Rev. 07/00 10 <br /> <br />