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b. Financial Reportino and Audit Requirements. In accordance with OMB
<br />Circular A -133, "Audits of State, Local Governments and Non - Profit Organizations,"
<br />revised on June 27, 2003, and N.C.G.S. 159 -34, the Contractor shall have its
<br />accounts audited as soon as possible after the close of each fiscal year by an
<br />independent auditor. The Contractor agrees to submit the required number of
<br />copies of the audit reporting package to the Local Government Commission four
<br />months after the Contractor's fiscal year -end.
<br />C. Audit Costs. Unless prohibited by law, the costs of audits made in accordance with
<br />the provisions of Title 2 CFR 200 are allowable charges to State and Federal
<br />awards. The charges may be considered a direct cost or an allocated indirect cost,
<br />as determined in accordance with cost principles therein and N.C.G.S. 159 -34 is
<br />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
<br />Department any excess payments made to the Contractor, any costs disallowed by
<br />the Department, and any amounts recovered by the Contractor from third parties or
<br />from other sources, as well as any penalties and any interest required by
<br />Subsection 4g of this Agreement.
<br />e. Project Closeout. Project closeout occurs when the Department issues the
<br />final project payment or acknowledges that the Contractor has remitted the proper
<br />refund. The Contractor agrees that Project closeout by the Department does not
<br />invalidate any continuing requirements imposed by this Agreement.
<br />Section 8. Civil Rights. The Contractor agrees to comply with all applicable civil rights laws
<br />and implementing regulations including, but not limited to, the following:
<br />a. Nondiscrimination in Federal Public Transportation Programs. The
<br />Contractor agrees to comply, and assures the compliance of each third party
<br />contractor at any tier and each subrecipient at any tier of the Project, with the
<br />provisions of 49 U.S.C. § 5332, which prohibit discrimination on the basis of race,
<br />color, creed, national origin, sex, or age, and prohibits discrimination in employment
<br />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
<br />each subrecipient at any tier of the Project, with all provisions prohibiting
<br />discrimination on the basis of race, color, or national origin of Title VI of the Civil
<br />Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d at seq., and with U.S. DOT
<br />regulations, "Nondiscrimination in Federally - Assisted Programs of the Department
<br />of Transportation — Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part
<br />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
<br />each subrecipient at any tier of the Project, with all equal employment opportunity
<br />(EEO) provisions of 49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964,
<br />as amended, 42 U.S.C. § 2000e, and implementing Federal regulations and any
<br />subsequent amendments thereto. 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,
<br />disability, age, or national origin. The Contractor agrees to take affirmative
<br />action to ensure that applicants are employed and that employees are treated
<br />during employment without regard to their race, color, creed, sex, disability,
<br />age, or national origin. Such action shall include, but not be limited to,
<br />employment, upgrading, demotion or transfer, recruitment or recruitment
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