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(Uniform Guidance) and the State Single Audit Implementation Act and N.C.G.S. 159 -34, the
<br />Recipient shall have its accounts audited as soon as possible after the close of each fiscal
<br />year by an independent auditor. TJCOG reserves the right to request annual audit reports
<br />from the 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
<br />indirect cost, as determined in accordance with cost principles outlined in OMB Circular A-
<br />87 "Cost Principles for State, Local, and Indian Tribal Governments." The cost of any audit
<br />not conducted in accordance with the single audit act amendments of 1996 and title 2 U.S.
<br />Code of Federal Regulations (CFR) part 200 Uniform Administrative Requirements, Cost
<br />Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the State
<br />Single Audit Implementation Act and N.C.G.S. 159 -34 is unallowable and shall not be
<br />charged to State 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
<br />any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit discrimination
<br />on 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
<br />any tier of the Project, with all provisions prohibiting discrimination on the basis of race,
<br />color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§
<br />2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally- Assisted
<br />Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights
<br />Act," 49 C.F.R. Part 21.
<br />c. Equal Employment Opportunity. The Recipient agrees to comply, and assures the
<br />compliance of each third party contractor at any tier of the Project and each subrecipient at
<br />any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C.
<br />§ 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and
<br />implementing Federal regulations and any subsequent amendments thereto. The Recipient
<br />agrees that it will not discriminate against any employee or applicant for employment
<br />because of race, color, creed, sex, disability, age, or national origin. The Recipient agrees to
<br />take affirmative action to ensure that applicants are employed and that employees are
<br />treated during employment without regard to their race, color, creed, sex, disability, age, or
<br />national origin. Such action shall include, but not be limited to, employment, upgrading,
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