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b. Financial Reporting and Audit Requirements. In accordance with OMB Circular A-
<br /> 133, "Audits of State, Local Governments and Non-Profit Organizations," revised on June 27, 2003 and
<br /> June 26, 2007 (www.whitehouse.gov/omb/circulars), N.C.G.S. 159-34, the Contractor shall arrange for
<br /> an independent financial and compliance audit of its fiscal operations. The Contractor shall furnish
<br /> NCDOT with a copy of the audit report, in addition to any copies submitted to the Local Government
<br /> Commission.
<br /> C. Audit Costs. Unless prohibited by law, the costs of audits made in accordance with
<br /> the provisions of OMB Circular A-133 are allowable charges to State and Federal awards. The charges
<br /> may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost
<br /> principles outlined in OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal
<br /> Governments." The cost of any audit not conducted in accordance with OMB Circular A-133 and
<br /> N.C.G.S. 159-34 is unallowable and shall not be charged to State or Federal grants.
<br /> d. Funds Owed to the Department. The Contractor agrees to remit to the Department
<br /> any excess payments made to the Contractor, any costs disallowed by the Department, and any
<br /> amounts recovered by the Contractor from third parties or from other sources, as well as any penalties
<br /> and any interest required by Subsection 7g of this Agreement.
<br /> e. Project Closeout. Project closeout occurs when the Department issues the final
<br /> project payment or acknowledges that the Contractor has remitted the proper refund. The Contractor
<br /> agrees that Project closeout by the Department does not invalidate any continuing requirements
<br /> imposed by this Agreement.
<br /> Section 11. Civil Rights. The Contractor agrees to comply with all applicable civil rights laws and
<br /> implementing regulations including, but not limited to,the following:
<br /> a. Nondiscrimination in Federal Public Transportation Programs. The Contractor
<br /> agrees to comply, and assures the compliance of each third party contractor at any tier and each
<br /> subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit
<br /> discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits
<br /> discrimination in employment or business opportunity.
<br /> b. Nondiscrimination—Title VI of the Civil Rights Act. The Contractor agrees to comply,
<br /> and assures the compliance of each third party contractor at any tier and each subrecipient at any tier
<br /> of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin
<br /> of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT
<br /> regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation —
<br /> Effectuation of Title VI of the Civil Rights Act,"49 C.F.R. Part 21.
<br /> C. Equal Employment Opportunity. The Contractor agrees to comply, and assures the
<br /> compliance of each third party contractor at any tier of the Project and each subrecipient at any tier of
<br /> the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, with Title VII
<br /> of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and implementing Federal
<br /> regulations and any subsequent amendments thereto. Except to the extend FTA determines otherwise
<br /> in writing, the recipient also agrees to follow all applicable Federal EEO directives that may be issued.
<br /> Accordingly:
<br /> (1) General. The Contractor agrees that it will not discriminate against any
<br /> employee or applicant for employment because of race, color, creed, sex, disability, age, or national
<br /> origin. The 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, disability, age,
<br /> or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or
<br /> transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
<br /> compensation; and selection for training, including apprenticeship.
<br /> (2) Equal Employment Opportunity Requirements for Construction Activities. For
<br /> activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction," the
<br /> Contractor agrees to comply and assures the compliance of each third party contractor at any tier or
<br /> subrecipient at any tier of the Project, with all applicable equal employment opportunity requirements of
<br /> U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment
<br /> Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., which implement Executive Order No.
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