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political opinions or affiliation, or status with regard to marriage or public assistance. The Con- <br />tractor shall take affirmative action to ensure that applicants are employed and that employees <br />are treated during employment without regard to race, color, national origin, sex, religion, age, <br />physical or mental disability or handicap, political opinions or affiliation, or status with regard to <br />marriage or public assistance. Such actions shall include but not be limited to the following: em- <br />ployment, upgrading, demotion or transfer, recruitment or advertising, layoff or termination, rates <br />of pay or other forms of compensation, and selection for training including apprenticeship. <br />If the Contractor fails to comply with the federal or state civil rights requirements of this contract, <br />sanctions may be imposed by the FHWA or NDDOT as may be appropriate, including, but not <br />limited to: <br /> <br />A. Withholding of payments to the Contractor under the contract until the Contractor complies; or <br />B. Cancellation, termination, or suspension of the contract, in whole or in part. <br /> <br />The Contractor agrees to cooperate with NDDOT in meeting its commitments and goals with re- <br />gard to the maximum utilization of disadvantaged business enterprises and will use its best ef- <br />forts to ensure that disadvantaged business enterprises shall have the maximum practicable op- <br />portunity to compete for subcontract work under this agreement. The Contractor shall comply <br />with requirements of 49 CFR 23. <br /> <br />The Contractor shall ensure that no qualified handicapped individual, as defined in 29 USC 794 <br />and 49 CFR Part 27 shall, solely by reason of this handicap, be excluded from participation in, be <br />denied the benefits of, or otherwise be subjected to discrimination under any program or activity <br />that receives or benefits from the assistance under this agreement. <br /> <br /> VII. <br />The Contractor shall account for program income related to the project and shall use such in- <br />come to further program objectives. <br /> <br />VIII. <br /> <br />The Contractor shall maintain accounting and project records that are sufficient to prepare re- <br />quired reports, trace funds to level of expenditure, provide internal control by progress, provide <br />budget control, assure allowable costs, provide source documentation, and assure proper cash <br />management. Such records shall be made available to NDDOT and the federal government for <br />inspection and audit during the contract term and for three years after the date of final payment, <br />unless: <br /> <br />Any litigation, claim, or audit is started before the expiration of three years, then the re- <br />cords shall be retained until such action is satisfied. <br /> <br /> IX. <br />In the event the Contractor fails to perform his obligations under this agreement, NDDOT shall <br />terminate said agreement, pursuant to 48 CFR Part 49. Copies will be provided upon request. <br /> <br /> Xe <br /> <br />The Contractor shall not enter into any subcontracts without prior written approval of NDDOT. <br /> <br /> Xl. <br />NDDOT requires contracts executed with counties, cities, other state agencies, and Indian tribes <br />to comply with OMB Cir. A-133. <br /> <br /> XlI. <br />This agreement constitutes the entire agreement between the parties. No waiver consent, modi- <br />fication, or change of terms of this agreement shall bind either party unless in writing and signed <br /> <br />2 of 4 <br /> <br /> <br />