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<br />Page ~ of I <br /> <br />The Agency shall make no distinction because of race, color, handicap, religion, <br />sex or national origin in providing to eligible individuals any services or other <br />benefits under projects financed in whole or in part with funds provided under <br />this contract. (This provision excludes age since these funds are allocated to <br />serve only older persons by design and by law.) The Agency shall comply, and <br />assures compliance by any contractor or subgrantee receiving funds through <br />this Agreement, with the Americans With Disabilities Act of 1990, and with <br />requirements contained in applicable federal regulations, guidelines and rules <br />to ensure a policy of nondiscrimination for service recipients, employees and <br />applicants for employment. The Agency agrees to comply with such guidelines <br />as the Councilor the North Carolina Division of Aging and Adult Services may <br />issue to implement the requirements of this paragraph. <br /> <br />23. Audit and Audit/Assessment Resolutions and Disallowed Costs. <br />The Agency agrees to have an annual independent audit in accordance <br />-with North Carolina General Statutes, North Carolina Locai Government <br />Commission requirements, Division of Aging and Adult Services Program Audit <br />Guide for Aging Services and Federal Office of Budget and Management (OMS) <br />Circular A-133. <br />Agencies must provide a copy of their year end financial statements, and <br />any required audit, to the Area Agency on Aging. Community service providers, <br />as specified in paragraph one (1) are subject to audit and fiscal reporting <br />requirements as stated in NC General Statute 143-6.2, andOMB Circular 1-133, <br />where applicable. Agencies are not required to submit Activities and <br />Accomplishments Reports. For-profit corporations are not subject to the <br />requirements of OMS Circular A-133, but are subjectto NC General Statue 143- <br />6.2 and Yellow Book audit requirements, where applicable. Federal funds may <br />not be used to pay for a Single or Yellow Book audit unless it a federal <br />requirement. State funds will not be used to pay for a Single or Yellow Book <br />audit if the provider receives less than $500,000 in state funds. The Department <br />of Health and Human Services will provide confirmation of federal and state <br />expenditures at the close of the state fiscal year. Information on audit and fiscal <br />reporting requirements and forms can be found at <br />htto:/Iwww.ncauditor.net/nonorofitsite . <br />It is further understood that the Agency is responsible to the Council for <br />clarifying any audit exceptions that may arise from any assessment, Agency <br />single or financial audit, or audits conducted by the State or Federal <br />Governments. In the event the Council or the North Carolina Department of <br />Health and Human Services disallows any expenditures of grant funds made by <br />the Agency for any reason, the Agency shall promptly reimburse such funds to <br />the Council. The Council may also withhold future payments under this or any <br />other contract with the Agency until the audit exceptions are cleared. <br /> <br />24. Indemnitv. The Agency agrees to indemnify and save harmless the Council, its <br />agents and employees from and against any and all loss, cost, damages, <br />expense and liability caused by the failure of the Agency to fully perform its <br />obligation under this agreement and in accordance with its terms. <br /> <br />F-\~ <br />