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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 .
<br /> d . Access for Individuals with Disabilities . The Recipient agrees to comply with 49 U . S . C . §
<br /> 5301 ( d) , which states the Federal policy that elderly individuals and individuals with
<br /> disabilities have the same right as other individuals to use public transportation services and
<br /> facilities, and that special efforts shall be made in planning and designing those services and
<br /> facilities to implement transportation accessibility rights for elderly individuals and
<br /> individuals with disabilities . The Recipient also agrees to comply with all applicable
<br /> provisions of Section 504 of the Rehabilitation Act of 1973 , as amended, with 29 U . S . C . § 794,
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