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DocuSign Envelope ID:63E81679-OC83-4B6C-B9E4-AFBB81985720 <br /> action shall include, but not be limited to, the following: employment, promotion, demotion <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 §§ <br /> 621634, 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/guickfind/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 12/28/2018 <br />