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the Contractor agrees to submit a final reimbursement request to the Department for eligible
<br />Project expenses.
<br />b. Financial Reporting and Audit Requirements. In accordance with OMB
<br />Circular A-133, "Audits of State, Local Governments and Non-Profit Organizations," revised on
<br />June 27, 2003, and N.C.G.S. 159-34, the Contractor shall have its accounts audited as soon
<br />as possible after the close of each fiscal year by an independent auditor. The Contractor
<br />agrees to submit the required number of copies of the audit reporting package to the Local
<br />Government Commission four months after the Contractor's fiscal year-end.
<br />c. Audit Costs. Unless prohibited by law, the costs of audits made in
<br />accordance with the provisions of OMB Circular A-133 are allowable charges to State awards.
<br />The charges may be considered a direct cost or an allocated indirect cost, as determined in
<br />accordance with cost principles outlined in OMB Circular A-87 "Cost Principles for State, Local,
<br />and Indian Tribal Governments." The cost of any audit not conducted in accordance with OMB
<br />Circular A-133 and N.C.G.S. 159-34 is unallowable and shall not be charged to State grants.
<br />d. Funds Owed to the Department. The Contractor agrees to remit to the
<br />Department any excess payments made to the Contractor, any costs disallowed by the
<br />Department, and any amounts recovered by the Contractor from third parties or from other
<br />sources, as well as any penalties and any interest required by Subsection 4d of this
<br />Agreement.
<br />e. Proiect Closeout. Project closeout occurs when the Department issues the
<br />final project payment or acknowledges that the Contractor has remitted the proper refund. The
<br />Contractor agrees that Project closeout by the Department does not invalidate any continuing
<br />requirements imposed by this Agreement.
<br />Section 8. Civil Rights. The Contractor agrees to comply with all applicable civil rights
<br />laws and implementing regulations including, but not limited to, the following:
<br />a. Nondiscrimination in Public Transportation Programs. The Contractor
<br />agrees to comply, and assures the compliance of each third party contractor at any tier and
<br />each subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which
<br />prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and
<br />prohibits discrimination in employment or business opportunity.
<br />b. Nondiscrimination -Title VI of the Civil Rights Act. The Contractor agrees to
<br />comply, and assures the compliance of each third party contractor at .any tier and each
<br />subrecipient at any tier of the Project, with all provisions prohibiting discrimination on the basis
<br />of race, color, or national. origin of Title VI of the Civil Rights Act of 1964, as amended, 42
<br />U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-
<br />Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil
<br />Rights Act," 49 C.F.R. Part 21.
<br />c. Equal Employment Opportunity. The Contractor agrees to comply, and
<br />assures the compliance of each third party contractor at any tier of the Project and each
<br />subrecipient at any tier of the Project, with all equal employment opportunity (EEO) provisions
<br />of 49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
<br />2000e, and implementing Federal regulations and any subsequent amendments thereto. The
<br />Contractor agrees that it will not discriminate against any employee or applicant for
<br />employment because of race, color, creed, sex, disability, age, or national origin. The
<br />Contractor agrees to take affirmative action to ensure that applicants are employed and that
<br />employees are treated during employment without regard to their race, color, creed, sex,
<br />disability, age, or national origin. Such action shall include, but not be limited to, employment,
<br />upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination;
<br />rates of pay or other forms of compensation; and selection for training, including
<br />apprenticeship.
<br />NCDOT/PTD/FM
<br />Revised 8/4/2008 Page 11 of 28
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