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DocuSign Envelope ID: 1970E54E-AE09-4466-994B-01CAF3868F32
<br /> Governments." The cost of any audit not conducted in accordance with OMB Circular A-133
<br /> and N.C.G.S. 159-34 is unallowable and shall not be 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 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,
<br /> which prohibits discrimination on the basis of disability;with the Americans with Disabilities
<br /> Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible
<br /> facilities and services be made available to individuals with disabilities; and with the
<br /> Architectural Barriers Act of 1968,as amended,42 U.S.C.§§4151 et seq.,which requires that
<br /> buildings and public accommodations be accessible to individuals with disabilities. In
<br /> addition, the Recipient agrees to comply with applicable Federal regulations and directives
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