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AOC INITIALS Revised 01/2016 9
<br /> North Carolina Governor's Highway Safety Program
<br /> Agreement of Conditions
<br /> This Agreement is made by and between the North Carolina Department of Transportation, hereinafter referred to
<br /> as the "Department", to include the Governor's Highway Safety Program, hereinafter referred to as "GHSP"; and
<br /> the applicant agency, for itself, its assignees and successors in interest, hereinafter referred to as the "Agency'.
<br /> During the performance of this contract, and by signing this contract, the Agency agrees as follows:
<br /> A. Federal Provisions
<br /> 1. Equal Opportunity/Nondiscrimination. The Agency will agree to comply with all Federal statutes and
<br /> implementing regulations relating to nondiscrimination concerning race, color, sex, religion, national
<br /> origin, handicaps, and age. These include but are not limited to:
<br /> (a) Title VI of the Civil Rights Act of 1964;
<br /> (b) Title IX of the Education Amendments of 1972, as amended;
<br /> (c) 49 CFR Part 21, Non-Discrimination in Federally-assisted programs of the United States Department
<br /> of Transportation, hereinafter referred to as "USDOT", as amended;
<br /> (d) 49 CFR Part 27, Rehabilitation Act of 1973, as amended; and
<br /> (e) The Age Discrimination Act of 1975, as amended.
<br /> 2. Drug Free Workplace. The Agency agrees to comply with the provisions cited in the Drug-Free
<br /> Workplace Act of 1988 (49 CFR Part 29 Sub-part F).
<br /> 3. Federal Grant Requirements and Contracts. The Agency shall comply with the following statutes and
<br /> implementing regulations as applicable:
<br /> (a) 49 CFR Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to
<br /> State and Local Governments;
<br /> (b) 2 CFR 225, Cost Principles for State, Local, and Indian Tribal Governments, 2 CFR 200, Uniform
<br /> Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all
<br /> other relevant Federal regulations covering the Highway Safety Program;
<br /> (c) 5 U.S.C. §§ 1501-1508 and 5 CFR Part 151 "Political Activity of State and Local Offices, or
<br /> Employees" (Hatch Act); and
<br /> (d) 23 U.S.C. §§313 Buy America
<br /> (e) NHTSA Highway Safety Grant Funding Guidance, as revised, July 2015 (www.nhtsa.gov) and
<br /> additions or amendments thereto.
<br /> 4. Lobbying. The Agency agrees to comply with the restrictions of lobbying members of Congress, 18 USC,
<br /> Section 1913; Section 326 of the FY 2000 DOT Applications Act, prohibiting the use of USDOT Federal
<br /> funds for "grass roots" lobbying campaigns to encourage third parties, members of special interest
<br /> groups, or the general public to urge members of a State legislature to support or oppose a pending
<br /> legislative or appropriations matter.
<br /> 5. Audits.
<br /> (a) Audit Required. Non-Federal entities that expend $750,000 or more in a year in Federal awards
<br /> shall have a single or program-specific audit conducted for that year in accordance with the
<br /> provisions of 2 CFR 200, Subpart F, §_.500. Guidance on determining Federal awards expended is
<br /> provided in 2 CFR 200, Subpart F, §_.502.
<br /> (b) Single Audit. Non-Federal entities that expend $750,000 or more in a year in Federal awards shall
<br /> have a single audit conducted in accordance with 2 CFR 200, Subpart F, §_.501, except when they
<br /> elect to have a program-specific audit conducted in accordance with 2 CFR 200, Subpart F,
<br /> §_.501, paragraph (c).
<br /> (c) Non-Governmental Entities. Non-governmental entities (not-for-profit and for-profit entities) must
<br /> adhere to North Carolina General Statute 143-6.1.
<br /> 6. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
<br /> Covered Transactions.
<br /> (a) The prospective lower tier participant (the Agency) certifies, by submission of this contract proposal,
<br /> that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
<br /> ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or
<br /> Federal Agency.
<br /> (b) Where the prospective lower tier participant is unable to certify to any of the statements in this
<br /> certification, such prospective participants shall attach an explanation to this contract proposal.
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