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';ii;,lii\!)\i$':C;fiION;\/ll:li~{1'i&.)i1 PROVISIONS 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 which 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 ioss, 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 for 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 resutting from the acts of the Department of Juvenile Justice and Delinquency Prevention or any of its officers, employee, agents Ot representatives. Grantee Audit Requirement Local Government or Public Authorltv A. local Government or Public Authortties in accordance with N.C.G.S.~159-34, must have an audft performed in conformity wfth generally accepted auditing standards. The audit shall evaluate the performance of a unft of loca government or public authority with regard to compliance wfth all applicable federal and State agency regulations. This audit, combined wilh the audft of financial accounts, shall be deemed to be the single audit described by the "Federa Single Audtt Act of 1984". At a minimum, the required report shall include the financial statements prepared in accordance with generally accepted accounting principles, all disclosures in the public interest required by iaw, and the audftor's opinion and comments relating to financial statements. The audtt shall be performed in conformity with generall accepted auditing standards and audfts of non-governmental entfties, both for-profit and not-for-profit, and must meet the requirements of OMB Circular A-133. The audft report is to be submitted to the Department of Juvenile Justice and Delinquency Prevention, the appropriate county finance office, and to other recipients as appropriate within nine months after the end of your program's fiscal year. In accordance with N.C.G.S.~143-6.2 recipients of State funds must 1) Ensure funds received are spent in accordance wfth the purposes for which they were granted and be accountable for the legal and appropriate expendfture of State grant funds; 2) Maintain reports, records, and other information to properly account for the expendfture of all State gran funds received by the grantee and to make reports, records and other information available to the Department or the State Audftor 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 Entitles B. Entities/Organizations receiving, using or expending State funds between $15,000 and less than $300,000 are required to provide basic financial statements as identified in N.C.G.S.~143-6.1 and adherence to the requirements in N.C.G.S.~143-6.2. Entities/Organizations receiving. $300,000 or more are required to prepare a financia statemenVcertifJed audit report prepared by a CertifJed Public Accountant (CPA); and Description of Activtties 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 wfth all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the tralment of all employees without regard to descrimination bv reason of race color relinion sex national orinin or nh~ical handicao. Termination of Agreement If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner, its obligations under this Agreement, the DJJDP shall thereupon have the right to terminate this Agreement by giving at least thirty (30) days prior written notice to the Contractor of such termination and specifying the effective date of the termination. Further, the DJJDP 0 the Contractor may terminate this Agreement at anytime and wfthout 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 Contractor 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 Deoartment of Juvenile Justice and Delinauencv Prevention in Dublicity and program materials. /=- - 4-