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<br />
<br />PROVISIONS
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<br />Indemnification and Hold Harmless
<br />The program manager agrees lat all times during the term of this agreement to indemnify and hold harmless the
<br />Department of Juvenile Justice ~nd Delinquency Prevention against liability, loss, damages, costs, or expense which
<br />the Department of Juvenile Ju~tice and Delinquency Prevention may be requested to pay by reason of any client's
<br />suffering personal injury, death, pr property loss, or damage either while participating in or receiving from the program
<br />services to be furnished by the ~'rogram under this agreement, operated, leased, chartered or otherwise contracted for
<br />by the program or any employe~ who is furnishing services called for under this agreement; provided, however, that
<br />the provisions of the paragraph !shall not apply to liabilities caused by or resulting from the acts of the Department 0
<br />Juvenile Justice and Delinquency Prevention or any of its officers, employee, agents or representatives.
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<br />Grantee Audit Requirement
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<br />Local Government or Public Authorltv
<br />A. Local Government or Public',Authorities in accordance with N.C.G.S.~159-34, must have an audit performed in
<br />conformity with generally accepted auditing standards. The audit shall evaluate the performance of a unit of local
<br />government or public authority \,vith regard to compliance with all applicable federal and State agency regulations,
<br />This audit, combined with the audit of financial accounts, shall be deemed to be the single audit described by the
<br />"Federal Single Audit Act of 19611", At a minimum, the required report shall include the financial statements prepared
<br />in accordance with generally accepted accounting principles, all disclosures in the public interest required by law, and
<br />the auditor's opinion and comments relating to financial statements. The audit shall be performed In conformity with
<br />generally accepted auditing standards and audits of non-governmental entities, both for-profit and not-for-profit, and
<br />must meet the requirements of OMB Circular A-133. The audit report is to be submitted to the Department of Juvenile
<br />Justice and Delinquency Preven!ion, the appropriate county finance office, and to other recipients
<br />as appropriate within nine months after the end of your program's fiscal year.
<br />
<br />In accordance with N.C.G,S.~143-6.2 recipients of State funds must 1) Ensure funds received are spent in
<br />accordance with the purposes for which they were granted and be accountable for the legal and appropriate
<br />expenditure of State grant funqs; 2) Maintain reports, records, and other information to properly account for the
<br />expenditure of all State grant funds received by the grantee and to make reports, records and other information
<br />available to the Department or the State Auditor for oversight, monitoring and evaluation purposes;3) Hold any non-
<br />State entity to which the grantee ,provides a grant of State funds accountable for the legal and appropriate expenditure
<br />of State grant funds.
<br />
<br />Non-State Entities
<br />B. Entities/Organizations receiving, using or expending State funds between $15,000 and less than $300,000 are
<br />required to provide basic financl_1 statements as identified in N.C.G.S.~143-6.1 and adherence to the requirements in
<br />N,C.G,S.~143-6.2. Entities/Organizations receiving $300,000 or more are required to prepare a financial
<br />statement/certified audit report prepared by a Certified Public Accountant (CPA); and Description of Activities and
<br />Accomplishments for Entities R.ceivlng $300,000 or more. Programs are responsible for being familiar with above
<br />General Statutes.
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<br />Affirmative Action
<br />The Contractor shall take afflrmalive action in complying with all Federal and State requirements concerning fair
<br />employment and employment of Ihe handicapped, and concerning the tratment of all employees without regard to
<br />descrimination b reason of rac i: color reli ion sex national ori in or h sical handica .
<br />
<br />Termination of Agreement
<br />If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner, its obligations under this
<br />Agreement, the DJJDP shall thereupon have the right to terminate this Agreement by giving at least thirty (30) days
<br />prior written notice to the Contraptor of such termination and specifying the effective date of the termination, Further,
<br />the DJJDP or the Contractor may terminate this Agreement at anytime and without cause by giving at least thirty (30)
<br />days advance written notice to th:E:l other. If this Agreement is terminated by DJJDP as provided herein, the Contractor
<br />shall be reimbursed on a pro rat~ basis for services satisfactorily provided to DJJDP under this Agreement.
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<br />Acknowledgment
<br />As a term of this agreement the recipient agrees to indicate the program was funded in whole or in part by the North
<br />Carolina Department of Juvenile" ustice and Delinquency Prevention in publicity and program materials.
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<br />F-15
<br />Page 9 of 10
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