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0.10 After completion of the PROJECT and In accordance with applicable provisions of the Ohio
<br />Revised Code, the LPA shall maintain the PROJECT to design standards and provide adequate
<br />maintenance activities for the PROJECT, unless otherwise agreed to by ODOT, The PROJECT
<br />must remain under the ownership and authority of the LPA for 20 years, unless otherwise agreed
<br />to by COOT. If the PROJECT Is not being adequately maintained, ODOT shall notify the LPA of
<br />any deficiencies and If the maintenance deficiencies are not corrected within a reasonable
<br />amount of time, ODOT may determine that the LPA is no longer eligible for future participation In
<br />any State-funded programs.
<br />g. CERTIFICATION ANO RECAPTURE OFPUND
<br />9.1 This Agreement is subject to the determination by ODOT that sufficient funds have been
<br />appropriated by the Ohio General Assembly to the State for the purpose of this Agreement and to
<br />the certification of funds by the Office of Budget and Management, as required by Ohio Revised
<br />Code section 126,07. if COOT determines that sufficient funds have not been appropriated for the
<br />purpose of this Agreement or if the Office of Budget and Management falls to certify the availability
<br />of funds, this Agreement or any renewal thereof will terminate on the date funding expires.
<br />0.2 Unless otherwise directed by COOT, if for any reason the PROJECT Is riot completed in Its
<br />entirety or to a degree acceptable to ODOT, the LPA shall repay to ODOT an amount equal to the
<br />total funds ODOT disbursed on behalf of the PROJECT.
<br />10.1 In carrying out this Agreement, the LPA shall not discriminate against any employee or applicant
<br />for employment because of race, religion, color, sex, national origin, ancestry, age, or disability as
<br />that term is defined in the American with Disabilities Act, The LPA shall ensure that applicants are
<br />hired and that employees are treated during employment without regard to their race, religion,
<br />color, sex, national origin, ancestry, age, disability, military status, or genetic Information. Such
<br />action shall Include, but not be limited to the following: employment, upgrading, demotion, or
<br />transfer; recruitment advertising; layoff or termination; rates of pay or other forms of
<br />compensation; and selection for training Including apprenticeship.
<br />10.2 The LPA agrees to post in conspicuous places available to employees and applicants for
<br />employment, notices setting forth the provisions of this nondiscrimination clause, and In all
<br />solicitations or advertisements for employees placed by it, slate that all qualified applicants shall
<br />receive consideration for employment without regard to race, religion, color, sex, national origin,
<br />ancestry, age, or disability. The LPA shall Incorporate this nondiscrimination requirement within
<br />all of Its contracts for any of the work on the PROJECT (other than subcontracts for standard
<br />commercial supplies or raw materials) and shall require all of Its contractors to Incorporate such
<br />requirements in all subcontracts for any part of such PROJECT work,
<br />10.3 For any project in which the Engineer's Estimate exceeds $200,000, the LPA shall ensure that
<br />Encouraging Diversity, Growth and Equity (EDGE) requirements, as defined in Ohio Revised Code
<br />123.162, will have an equal opportunity to participate in the performance of contracts and
<br />subcontracts financed in whole or in part with State funds provided In conjunction with this Agreement.
<br />To meet this requirement, EDGE certified firms are those who have been certified by the Ohio
<br />Department of Administrative Services. The LPA shall require that all contracts and other agreements
<br />It enters Into for the performance of the PROJECT contain the following specific language:
<br />Encouraging Divorslly, Growth and Equity (EDGE) requirements. EDGE parflcipailon goals
<br />(subcontracts, materials, supplies) have been set on Oils project for those EDGE gams who have been
<br />certillad by the Ohio Department of AdmbHs(rative Services pursuant to Ohlo Revised Coda 123,162,
<br />and where applicable qualified to bid with ODOT under Chapter 0526 of (he Ohlo Revised Coda.
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