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c. Audit Costs Unless prohibited by law, the costs of audits made in accordance with
<br />the provisions of 9 N.C.A.C. 3M.0205 are allowable charges to State and Federal awards. The
<br />charges may be considered a direct cost or an allocated indirect cost, as determined in
<br />accordance with cost principles outlined in OMB Circular A -102 "Cost Principles for Public
<br />Body." The cost of any audit not conducted in accordance with this Subchapter is unallowable
<br />and shall not be charged to State or Federal grants.
<br />d. Funds Owed to the Department The Contractor agrees to remit to the
<br />Department any excess payments made to the Contractor, any costs disallowed by the
<br />Department, and any amounts recovered by the Contractor from third parties or from other
<br />sources, as well as any penalties and any Interest required by Subsection 8f of this
<br />Agreement.
<br />e. Project Closeout Project closeout occurs when the Department issues the final
<br />project payment or acknowledges that the Contractor has remitted the proper refund. The
<br />Contractor agrees that Project closeout by the Department does not invalidate any continuing
<br />requirements Imposed by this Agreement.
<br />Section 13. Civil Rights The Contractor agrees to comply with all applicable civil rights
<br />laws and implementing regulations Including, but not limited to, the following:
<br />a. Nondiscrimination in Federal Public Transportation Programs The Contractor
<br />agrees to comply, and assures the compliance of each third party contractor at any tier and
<br />each sub recipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which
<br />prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and
<br />prohibits discrimination in employment or business opportunity.
<br />b. Nondiscrimination — Title VI of the Civil Rights Act The Contractor agrees to
<br />comply, and assures the compliance of each third party contractor at any tier and each sub
<br />recipient at any tier of the Project, with all provisions prohibiting discrimination on the basis of
<br />race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
<br />§§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally- Assisted
<br />Programs of the Department of Transportation — Effectuation of Title Vi of the Civil Rights Act,"
<br />49 C.F.R. Part 21.
<br />C. Equal Employment Opportunity The Contractor agrees to comply, and assures
<br />the compliance of each third party contractor at any tier of the Project and each sub recipient
<br />at any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C.
<br />§ 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and
<br />implementing Federal regulations and any subsequent amendments thereto. Accordingly:
<br />(1) General The Contractor agrees that it will not discriminate against any
<br />employee or applicant for employment because of race, color, creed, sex, disability, age, or
<br />national origin. The Contractor agrees to take affirmative action to ensure that applicants are
<br />employed and that employees are treated during employment without regard to their race,
<br />color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited
<br />to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff
<br />or termination; rates of pay or other forms of compensation; and selection for training,
<br />including apprenticeship.
<br />(2) Equal Employment Opportunity Requirements for Construction Activities
<br />For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as
<br />construction, the Contractor agrees to comply and assures the compliance of each third party
<br />contractor at any tier or sub recipient at any tier of the Project, with all applicable equal
<br />employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract
<br />Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts
<br />60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as
<br />amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to
<br />Updated 3/01/11 Page 13 of 41
<br />Attachment number 2
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