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9. CERTIFICATION AND RECAPTURE OF FUNDS
<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 ORC section
<br />126.07. If ODOT determines that sufficient funds have not been appropriated for the purpose of
<br />this Agreement or if the Office of Budget and Management fails to certify the availability of funds,
<br />this Agreement or any renewal thereof will terminate on the date funding expires.
<br />9.2 Unless otherwise directed by ODOT, if for any reason the PROJECT is not completed in its entirety
<br />or to a degree acceptable to ODOT and FHWA, the LPA shall repay to ODOT an amount equal to
<br />the total funds ODOT disbursed on behalf of the PROJECT. In turn, ODOT shall reimburse FHWA
<br />an amount equal to the total sum of Federal dollars it has received for the PROJECT. If the LPA
<br />has not repaid ODOT in full an amount equal to the total funds ODOT disbursed on behalf of the
<br />project, any funds recovered from the performance and payment bond as required under section
<br />7.7 shall be used to offset the Federal dollars reimbursed to FHWA.
<br />10. NONDISCRIMINATION
<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, disability as
<br />that term is defined in the American with Disabilities Act, military status (past, present, or future),
<br />or genetic information. The LPA shall ensure that applicants are hired and that employees are
<br />treated during employment without regard to their race, religion, color, sex, national origin, ancestry,
<br />age, disability, military status, or genetic information. Such action shall include, but not be limited
<br />to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or
<br />termination; rates of pay or other forms of compensation; and selection for training, including
<br />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, state that all qualified applicants shall
<br />receive consideration for employment without regard to race, religion, color, sex, national origin,
<br />ancestry, age, disability, military status, or genetic information. The LPA shall incorporate this
<br />nondiscrimination requirement within all of its contracts for any of the work on the PROJECT (other
<br />than subcontracts for standard commercial supplies or raw materials) and shall require all of its
<br />contractors to incorporate such requirements in all subcontracts for any part of such PROJECT
<br />work.
<br />10.3 The LPA shall ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part
<br />26, will have an equal opportunity to participate in the performance of contracts and subcontracts
<br />financed in whole or in part with Federal funds provided in conjunction with this Agreement. To
<br />meet this requirement, subcontractors who claim to be DBEs must be certified by ODOT. The LPA
<br />shall require that all contracts and other agreements it enters into for the performance of the
<br />PROJECT contain the following specific language:
<br />Disadvantaged Business Enterprise (DBE) Requirement. DBE participation goals
<br />(subcontracts, materials, supplies) have been set on this project for those certified as DBEs
<br />pursuant to Title 23, U.S.C. section 140(c) and 49 CFR, Part 26, and where applicable
<br />qualified to bid with ODOT under Chapter 5525 of the ORC.
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