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action shall include , but not be limited to , the following : employment , promotion , demotion i <br /> or transfer , recruitment or recruitment advertising , layoff or termination ; rates of pay or <br /> other forms of compensation ; and selection for training , including apprenticeship . In <br /> addition , the Subrecipient agrees to comply with any implementing requirements FTA <br /> may issue . <br /> 3 . Age . In accordance with the Age Discrimination in Employment Act , 29 USC § § i <br /> 6216341 U . S . Equal Employment Opportunity Commission ( U . S . EEOC ) regulations , "Age <br /> Discrimination in Employment Act , " 29 CFR part 1625 , the Age Discrimination Act of <br /> 1975 , as amended , 42 USC § 6101 et seq . , U . S . Health and Human Services regulations , <br /> " Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal <br /> Financial Assistance , " 45 CFR part 90 , and Federal transit law at 49 USC § 5332 , the <br /> Subrecipient agrees to refrain from discrimination against present and prospective <br /> employees for reason of age . In addition , the Subrecipient agrees to comply with any <br /> implementing requirements FTA may issue . <br /> 4 . Disabilities . In accordance with section 504 of the Rehabilitation Act of 1973 , as <br /> amended , 29 USC § 794 , the Americans with Disabilities Act of 1990 , as amended , 42 <br /> USC § 12101 et seq . , the Architectural Barriers Act of 1968 , as amended , 42 USC § 4151 <br /> et seq . , and Federal transit law at 49 USC § 5332 , the Subrecipient agrees that it will not <br /> discriminate against individuals on the basis of disability . In addition , the Subrecipient <br /> agrees to comply with any implementing requirements FTA may issue . <br /> Disadvantaged Business Enterprises . It is the policy of the North Carolina Department of <br /> Transportation that Disadvantaged Business Enterprises ( DBEs ) as defined in 49 CFR <br /> Part 26 shall have the equal opportunity to compete fairly for and to participate in the <br /> performance of contracts financed in whole or in part by Federal Funds . The Subrecipient <br /> is also encouraged to give every opportunity to allow DBE participation in Supplemental <br /> Agreements . The Subrecipient , subconsultant , and subcontractor shall not discriminate <br /> on the basis of race , religion , color , national origin , age , disability or sex in the <br /> performance of this contract . The Subrecipient shall comply with applicable requirements <br /> of 49 CFR Part 26 in the award and administration of federally assisted contracts . Failure <br /> by the Subrecipient to comply with these requirements is a material breach of this <br /> contract , which will result in the termination of this contract or such other remedy , as the <br /> Department deems necessary . <br /> When payments are made to Disadvantaged Business Enterprise ( DBE ) Subrecipients , <br /> including material suppliers , Subrecipients at all levels ( Subrecipient , Subconsultant or <br /> Subrecipient) shall provide the Contract Administrator with an accounting of said <br /> payments . The accounting shall be listed on the Department' s Subrecipient Payment <br /> Information Form ( Form DBE - IS ) . In the event the Subrecipient has no DBE participation , <br /> the Subrecipient shall indicate this on the Form DBE - IS by entering the word ` None ' or <br /> the number ` zero ' and the form shall be signed . Form DBE - IS may be accessed on the <br /> website at : https : //apps . dot . state . nc . us/quickfind /forms/ DefauIt . aspx . <br /> A responsible fiscal officer of the payee Subrecipient , subconsultant or Subrecipient who <br /> can attest to the date and amounts of the payments shall certify that the accounting is <br /> NCDOT PTD Federal Agreement Page 16 of 23 <br /> Revised 6/2 812 0 1 8 <br />