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by an independent auditor.TJCOG reserves the right to request annual audit reports from the
<br /> subrecipient.
<br /> c. Audit Costs.Unless prohibited by law,the costs of audits made in accordance with the single
<br /> audit act amendments of 1996 and title 2 U.S. Code of Federal Regulations (CFR) part 200
<br /> Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
<br /> Awards (Uniform Guidance) and the State Single Audit Implementation Act are allowable
<br /> charges to State awards.The charges may be considered a direct cost or an allocated indirect
<br /> cost, as determined in accordance with cost principles outlined in OMB Circular A-87 "Cost
<br /> Principles for State, Local, and Indian Tribal Governments." The cost of any audit not
<br /> conducted in accordance with the single audit act amendments of 1996 and title 2 U.S. Code
<br /> of Federal Regulations(CFR)part 200 Uniform Administrative Requirements,Cost Principles,
<br /> and Audit Requirements for Federal Awards (Uniform Guidance) and the State Single Audit
<br /> Implementation Act and N.C.G.S. 159-34 is unallowable and shall not be charged to State
<br /> grants.
<br /> d. Funds Owed to TJCOG.The Recipient agrees to remit to TJCOG any excess payments made to
<br /> the Recipient, any costs disallowed by TJCOG, and any amounts recovered by the Recipient
<br /> from third parties or from other sources, as well as any penalties and any interest required
<br /> by Subsection 4d of this Agreement.
<br /> e. Project Closeout. Project closeout occurs when TJCOG issues the final project payment or
<br /> acknowledges that the Recipient has remitted the proper refund. The Recipient agrees that
<br /> Project closeout by TJCOG does not invalidate any continuing requirements imposed by this
<br /> Agreement.
<br /> Section 8. Civil Rights. The Recipient agrees to comply with all applicable civil rights laws and
<br /> implementing regulations including,but not limited to,the following:
<br /> a. Nondiscrimination in Public Transportation Programs. The Recipient agrees to comply, and
<br /> assures the compliance of each third party contractor at any tier and each subrecipient at any
<br /> tier of the Project,with the provisions of 49 U.S.C. § 5332,which prohibit discrimination on
<br /> the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in
<br /> employment or business opportunity.
<br /> b. Nondiscrimination - Title VI of the Civil Rights Act. The Recipient agrees to comply, and
<br /> assures the compliance of each third party contractor at any tier and each subrecipient at any
<br /> tier of the Project, with all provisions prohibiting discrimination on the basis of race, color,
<br /> or national origin of Title VI of the Civil Rights Act of 1964,as amended,42 U.S.C.§§2000d et
<br /> seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of
<br /> the Department of Transportation- Effectuation of Title VI of the Civil Rights Act,"49 C.F.R.
<br /> Part 21.
<br /> c. Equal Employment Opportunity.The Recipient agrees to comply,and assures the compliance
<br /> 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
<br /> Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and implementing
<br /> Federal regulations and any subsequent amendments thereto. The Recipient agrees that it
<br /> will not discriminate against any employee or applicant for employment because of race,
<br /> color, creed, sex, disability, age, or national origin. The Recipient agrees to take affirmative
<br /> action to ensure that applicants are employed and that employees are treated during
<br /> employment without regard to their race, color, creed,sex, disability, age, or national origin.
<br /> Such action shall include,but not be limited to,employment,upgrading,demotion or transfer,
<br /> recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
<br /> compensation; and selection for training, including apprenticeship.
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