Orange County NC Website
<br /> <br />19 <br />Revised 9/8/2021 <br />funds casts the party receiving the funds in the role of a subrecipient or contra ctor. A pass- <br />through entity means a non-Federal entity that provides a subaward to a subrecipient to carry <br />out part of a Federal program (45 CFR §75.2, Definitions). As described in 45 CFR §75.351, <br />a subaward is for the purpose of carrying out a portion of a Federal award and creates a <br />Federal assistance relationship with the subrecipient while a contract is for the purpose of <br />obtaining goods and services for the non-Federal entity’s own use and creates a procurement <br />relationship with the contractor. Characteristics for both types of relat ionships are included in <br />45 CFR §75.351. All pass -through entities must ensure that every subaward is clearly <br />identified to the subrecipient as a subaward and includes the information outlined in 45 CFR <br />§75.352, Requirements for pass-through entities, at the time of subaward and if any of these <br />data elements change, include the changes in subsequent subaward modifications. <br /> <br />40. Subrecipient Equal Treatment. The Recipient must comply with 45 CFR Part 87, including <br />the provision that no State or local government Recipient nor any intermediate organization <br />receiving funds under any program shall, in the selection of service providers, discriminate for <br />or against an organization’s religious character or affiliation. <br /> <br />41. Recipient’s Responsibility for Subrecipient s. The Recipient is responsible for the <br />performance, reporting, and spending for each Subrecipient. The Recipient will ensure the <br />timeliness and accuracy of required reporting for each site of service and Subrecipient under <br />the award. The Recipient is responsible for the performance and progress of each site of <br />service or Subrecipient toward the goals and milestones of the program. The Recipient will <br />take necessary corrective action for any site of service or Subrecipient that is not meeting the <br />goals and milestones of the program, as set f orth in the NOFO. <br /> <br />42. Nondiscrimination. The Recipient and Subrecipients will comply with all Federal statutes <br />relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil <br />Rights Act of 1964 (P.L. 88-352) which prohibits disc rimination on the basis of race, color or <br />national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 <br />U.S.C.§§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) <br />Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits <br />discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended <br />(42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug <br />Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to <br />nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and <br />Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, <br />relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 <br />of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee - 3), as amended, <br />relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil <br />Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in <br />the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the <br />specific statute(s) under which application for Federal assistance is being made; and, (j) the <br />requirements of any other nondiscrimination statute(s) which may apply to the application. <br /> <br />43. Reservation of Rights. Nothing contained in this Agreement is intended or shall be construed <br />as a waiver by the United States Department of Justice, the Internal Revenue Service, the <br />Federal Trade Commission, HHS Office of the Inspector General, or C MS of any right to <br />institute any proceeding or action against Recipient for violations of any sta tutes, rules or <br />regulations administered by the Government, or to prevent or limit the rights of the <br />DocuSign Envelope ID: 7832B0E4-F34E-430E-A3C2-1A6A14F29307