2014-648 Orange County - FY2015 NCDOT - Nonurbanized Area Public Transportation Grant Agreement - Section 5311

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more within its fiscal year must comply with the reporting requirements established by 9 N.C.A.C. Subchapter 3M including: (a) A certification completed by the grantee Board and management stating that the State (including federal funds passed through) funds were received, used, or expended for the purposes for which they were granted; (b) An audit prepared and completed by a licensed Certified Public Accountant for the grantee consistent with the reporting requirement of 9 N.C.A.C. Subchapter 3M; and (c) A description of activities and accomplishments undertaken by the grantee with the State (including federal funds passed through)funds. All reporting requirements shall be filed with both the Department and the Office of the State Auditor within nine months after the end of the grantee's fiscal year in which the State (including federal funds passed through) funds were received. The Contractor shall use the forms of the Office of State Budget and Management and of the Office of the State Auditor in making reports to the Department, the Office of State Budget and Management and the Office of the State Auditor. The Contractor agrees to make available and require its subcontractors to make available audit work papers in the possession of any auditor to the Department, the Office of State Budget and Management and the Office of State Auditor. C. Audit Costs. Unless prohibited by law, the costs of audits made in accordance with the provisions of 9 N.C.A.C. 3M.0205 are allowable charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in OMB Circular A-122 "Cost Principles for Non-Profit Organizations." The cost of any audit not conducted in accordance with this Subchapter is unallowable and shall not be charged to State or Federal grants. d. Funds Owed to the Department. The Contractor agrees to remit to the Department any excess payments made to the Contractor, any costs disallowed by the Department, and any amounts recovered by the Contractor from third parties or from other sources, as well as any penalties and any interest required by Subsection 4g of this Agreement. e. Project Closeout. Project closeout occurs when the Department issues the final project payment or acknowledges that the Contractor has remitted the proper refund. The Contractor agrees that Project closeout by the Department does not invalidate any continuing requirements imposed by this Agreement. Section 11.Civil Rights. The Contractor agrees to comply with all applicable civil rights laws and implementing regulations including, but not limited to, the following: a. Nondiscrimination in Federal Public Transportation Programs. The Contractor agrees to comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity. b. Nondiscrimination—Title VI of the Civil Rights Act. The Contractor agrees to comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act,"49 C.F.R. Part 21. C. Egual Employment Opportunity. The Contractor agrees to comply, and assures the compliance of each third party contractor at any tier of the Project and each subrecipient at any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and implementing Federal regulations and any subsequent amendments thereto. Accordingly: (1) General. The Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Contractor agrees to take affirmative action to ensure that applicants are employed and that Revised 4/22/14 Page 12 of 36