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<br /> <br />PROVISIONS <br /> <br />Indemnification and Hold Harmless <br />The program manager agrees at all times during the term of this agreement to indemnify and hold harmless the <br />Department of Juveniie Justice and Delinquency Prevention against liability, loss, damages, costs, or expense which <br />the Department of Juveniie Justice and Delinquency Prevention may be requested to pay by reason of any client's <br />suffering personal injury, death, or property loss, or damage either whiie participating in or receiving from the program <br />services to be furnished by the program under this agreement, operated, leased, chartered or otherwise contracted fo <br />by the program or any employee who is furnishing services called for under this agreement; provided, however, tha <br />the provisions of the paragraph shall not apply to liabiiities 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. <br /> <br />Grantee Audit Requirement <br /> <br />Local Government or Public Authoritv <br />A. Local Government or Public Authorities in accordance with N.C.G.S.S159-34, 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 with 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 />"Federai Single Audit Act of 1984". 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 siatements. 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 Juveniie <br />Justice and Delinquency Prevention, 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.S143-6.2 recipients of State funds must 1) Ensure funds received are spent in <br />actcordance with the purposes for which they were granted and be accountable for the legal and appropriate <br />expenditure of State grant funds; 2) Maintain reports, records, and other information to properly account for the <br />-' <br />expenditure of all'State grant funds received by the grantee and to make reports, records and other information <br />avaiiable 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 financial statements as identified in N.C.G.S.S143-6.1 and adherence to the requirements in <br />N.C.G.S.S143-6.2. Entities/Organizations receiving $300,000 or more are required to prepare a financial <br />statemenUcertified audit report prepared by a Certified Public Accountant (CPA); and Description of Activities and <br />Accomplishments for Entities Receiving $300,000 or more. Programs are responsible for being familiar with above <br />General Statutes. <br /> <br />Affirmative Action <br />The Contractor shall take affirmative action in complying with all Federal and State requirements concerning fair <br />employment and employment of the handicapped, and concerning the tratment of all employees without regard to <br />descrimination b reason of race color reli ion sex national ori in or h sical handica . <br /> <br />,.<..",,,,,,,.~.,,".~,,.,,,,,=>w ~~ .~""'~~~_'''''' ",~"~",~,,.,,_.M.',. "'" ~"'h"".h<"'~"","^',*,~_'~~:.~;.""~"""""~""~"~,,,,, <br /> <br />Termination of Agreemel;lt <br />If, through any cause, the Contractor shall fail to fulfiil 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 Contractor 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 the other. If this Agreement is terminated by DJJDP as provided herein, the Contracto <br />shall be reimbursed on a pro rata basis for services satisfactorily provided to DJJDP under this Agreement. <br /> <br />~,.......",""".,,,,~.~,,,, ,._.."""", , ,^",,~"""','h~,'" ""'",,,'_""""'."'.~, , ~,," .-<'" ,_ ,<",",,,,,,"',,",,'W.""""''',,,^:.'~'._" ,_ ","'v" "",,,",,.,,~ r'--',. ""_"'''0",~,',_"~;,,''''''',,,",''',',4,_,"''','' ",_< ,"", " ,.,,,,,,,,,,,,~,,,,,",,,~",~ >,', ~""".'~" .., '". <br /> <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 Justice and Delinquency Prevention in publicity and program materials. <br /> <br />F-15 <br /> <br />Page 9 of 10 <br />