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.oJ~"'IIVI" YII I r"VYI.oJIV."';) Indemnification and Hold Harmless The program manager agrees at all times during the term of this agreement to indemnify and hold harmless the Department of Juvenile Justice and Delinquency Prevention against liability, loss, damages, costs, or expense whic~ the Department of Juvenile Justice and Delinquency Prevention may be requested to pay by reason of any client's suffering personal injury, death, or property loss, or damage either while participating in or receiving from the program services to be furnished by the program under this agreement, operated, leased, chartered or otherwise contracted fo by the program or any employee who is furnishing services called for under this agreement; provided, however, that the provisions of the paragraph shall not apply to liabilities caused by or resulting from the acts of the Department 0 Juvenile Justice and Delinquency Prevention or any of its officers, employee, agents or representatives. , Grantee Audit Requirement Local Government or Public Authoritv A. Local. Government or Public Authorities in accordance with N.C.G.S.!i159-34, must have an audit performed in conformity with generally accepted auditing standards. The audit shall evaluate the performance of a unit of loea government or public authority with regard to compliance with all applicable federal and State agency regulations. Thi audit, combined with the audit of financial accounts, shall be deemed to be the single audit described by the "Federa Single Audit Act of 1984". At a minimum, the required report shall include the financial statements prepared ir accordance with generally accepted accounting principles, all disclosures in the public interest required by law, and the auditor's opinion and comments relating to financial statements. The audit shall be performed in conformity wit~ generally accepted auditing standards and audits of non-governmental entities, both for-profit and not-for-profit, ane " / must:meet-the.requirements ofOMBCircular.A.133.' Theauditr eportisto'be.submitted ,to thEtDepartment of Juvenile , , Justice arldDelinquency Prevention, the appropriate county finance.office, and to other recipients , . .,. ii as appropriate within nine months after the end of your program's fiscal year. In accordance with N.C.G.S.!i143.e.2 recipients of State funds must 1) Ensure funds received are spent in accordance with the purposes for which they were granted and be accountable for the legal and appropriate expenditure of State grant funds; 2) Maintain reports, records, and other information to properly account for the expenditure of all State gran funds received by the grantee and to make reports, records and other information available to the Department or the State Auditor-for oversight, monitoring and evaluation purposes;3) Hold any non-State entity to which the grantee provides a grant of State funds accountable for the legal and appropriate expenditure of State grant funds. Non-State Entities B. Entities/Organizations receiving, using or expending State .funds .between $15,000 ';nd less than $300,000 arE required to provide basic financial statements as identified in N.C.G.S.!i143.e.1 and adherence to the requirements i N.C.G.S.!i143.e.2. Entities/Organizations receiving $300,000 or more are required to prepare a financia statement/certified audit report prepared by a Certified Public Accountant (CPA); and Description of Activities and Accomplishments for Entities Receiving $300,000 or more. Programs are responsible for being familiar with above General Statutes. Affirmative Action The Contractor shall take affirmative action in complying with all Federal and State requirements conceming fair employment and employment of the handicapped, and concerning the tratment of all employees without regard to descrimination bv reason of race color relinion sex national orinin or ohvsical handicao. Termination of Agreement If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner, its obligations under thi Agreement, the DJJDP shall thereupon have the right to terminate this Agreement by giving at least thirty (30) day prior written notice to the Contractor of such termination and specifying the effective date of the termination. Further, the DJJDP or the Contractor may terminate this Agreement at anytime and without cause by giving at least thirty (30 days advance written notice to the other. If this Agreement is terminated by DJJDP as provided herein, the Contracto shall be reimbursed on a pro rata basis for services satisfactorily provided to DJJDP under this Agreement. Acknowledgment As a term of this agreement the recipient agrees to indicate the program was funded in whole or in part by the North Carolina Department of Juvenile Justice and Delinquency Prevention in publicity and program materials. Page 9 of 10 V-IS