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d.- , Access to Records of Grantee and SubGrantees. The Grantee shall permit and shall require its
<br />third party contractors to permit the Department, the Comptroller General of the United States, and the
<br />Secretary of the United States Department of Transportation, or their authorized representatives, to
<br />inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit
<br />the books, records, and accounts of the Grantee pertaining to the Project. The Department shall reserve
<br />the right to reject any and all materials and workmanship for defects and incompatibility with Project
<br />Description or excessive cost. The Department shall notify the Grantee, in writing, if materials and/or
<br />workmanship are found to be unacceptable. The Grantee shall have ninety (90) days from notification to
<br />correct defects or to provide acceptable materials and /or workmanship. Failure by the Grantee to provide
<br />acceptable materials and /or workmanship, or to correct noted defects, shall constitute a breach of
<br />contract.
<br />e. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record
<br />retention requirements of this Section 6 of this Agreement.
<br />Section 10. Project Completion, Audit, Settlement, and Closeout.
<br />a. Project Completion. Within thirty (30) calendar days following Project completion, the end of the
<br />Project's period of performance, or termination by the' Department, the Grantee agrees to submit
<br />a final reimbursement request to the Department for eligible Project expenses.
<br />b. Financial Reportinq and Audit Requirements. In accordance with 2 C.F.R. 200 Subpart F, "Audit
<br />Requirements ", effective December 26, 2014 and N.C.G.S. 159 -34, the Grantee shall have its
<br />accounts audited as soon as possible after the close of each fiscal year by an independent auditor.
<br />The Grantee agrees to submit the required number of copies of the audit reporting package four
<br />months after the Grantee's fiscal year -end to:
<br />• the Local Government Commission if a government entity, or
<br />• NCDOT PTD per NC Grants requirements for non - governmental entities
<br />C. Audit Costs. Unless prohibited by law, the costs of audits made in accordance with Title 2 C.F.R.
<br />200, Subpart F, "Audit Requirements ", are allowable charges to State and Federal awards. The
<br />charges may be considered a direct cost or an allocated indirect cost, as determined in accordance
<br />with cost principles outlined in Title 2 C.F.R. 200, Subpart E, "Cost Principles" (formerly OMB
<br />Circular A -87). The cost of any audit not conducted in accordance with Title 2 C.F.R. 200 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 Grantee agrees to, remit to the Department any excess
<br />payments made to the Grantee, any costs disallowed by the Department, and any amounts
<br />recovered by the Grantee from third parties or from other sources, as well as any penalties and
<br />any interest required by Subsection 7h of this Agreement.
<br />e. Proiecf Closeout.. Project closeout occurs when the Department issues the final project payment
<br />or acknowledges that the Grantee has remitted the proper refund. The Grantee agrees that Project
<br />closeout by the Department does not invalidate any continuing requirements imposed by this
<br />Agreement.
<br />Section 11, Civil Rights. The Grantee 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 Grantee agrees to comply, and
<br />assures the compliance of each third party Grantee at any tier and each subrecipient at any tier of
<br />the Project, with the provisions of 49 U.S.C. § 5332, which prohibit discrimination on the basis of
<br />race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or
<br />business opportunity.
<br />b. Nondiscrimination -- Title Vl of the Civil Rights Act. The Grantee agrees to comply, and assures
<br />the compliance of each third party Grantee at any tier and each subrecipient at any tier of the
<br />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.
<br />DOT regulations, "Nondiscrimination in Federally - Assisted Programs of the Department of
<br />Transportation — Effectuation of Title Vi of the Civil Rights Act," 49 C.F.R. Part 21.
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