2002 S Aging - Family Caregiver Support Program Contract with Triangle J Council of Governments (TJCOG)

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assure that subcontractors and applicants selected for employment are treated during employment without regard to their race, color, handicap, religion, age, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Agency certifies that it presently has in effect an affirmative action program. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Agency shall in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Agency, state that the Agency is an "Equal Opportunity Employer". The Agency shall make no distinction because of race, color, handicap, religion, sex or national origin in providing to eligible individuals any services or other benefits under projects financed in whole or in part with funds provided under this contract. (This provision excludes age since these funds are allocated to serve only older persons by design and by law.) The Agency shall comply, and assures compliance by any contractor or subgrantee receiving funds through this Agreement, with the Americans With Disabilities Act of 1990, and with requirements contained in applicable federal regulations, guidelines and rules to ensure a policy of nondiscrimination for service recipients, employees and applicants for employment. The Agency agrees to comply with such guidelines as the Area Agency or the North Carolina Division of Aging may issue to implement the requirements of this paragraph. 23. Audit. If the Agency expends a total of $300,000 or more from all federal sources, as defined in OMB Circular A-133 (effective July 1, 1996), the Agency agrees to have an annual independent audit which meets the requirements of the Division of Aging Program Audit Guide for Aging Services, applicable North Cazolina General Statutes and Local Government Commission requirements, and OMB Circular A-133 and OMB Circular A-87 or A-122. The audit is to be completed within six (6) months of the close of the Agency's fiscal year. Upon completion of the audit, the Agency shall deliver to the Area Agency a copy of the audit and any opinion letter and management letter. If the Agency receives federal funding in an amount less than the $300,000 threshold, the Agency may be subject to fiscal monitoring, as deemed necessary by the Area Agency and the North Cazolina Department of Health and Human Services. For providers expending less than $300,000 in state financial assistance awards as of July 1, 1997, audit and reporting provisions established by G.S. 143-6.1 and State Audit Advisory No. 2 (revised October, 1997) shall apply. The Agency agrees to submit to any additional review and document requests deemed necessary by the Area Agency, the State of North Carolina, or the Federal Government in accordance with provisions of-the Single Audit Act. The Agency further agrees that all pertinent financial records shall be made available for copying upon request by the State or Federal Governments, or their agents. 24. Audit/Assessment Resolutions and Disallowed Costs. It is further understood that the Agency is responsible to The Area Agency for clarifying any audit exceptions that may arise from any assessment, Agency single or financial audit, or audits conducted by the State or Federal Governments. In the event the Area Agency or the North Carolina Department of Health and Human Services disallows any expenditures of grant funds made by the Agency for any reason, the Agency shall promptly reimburse such funds to the Area Agency. The Area Agency may also withhold future payments under this or any other contract with the Agency until the audit exceptions are cleared. 25. Indemnity. The Agency agrees to indemnify and save .harmless the Area Agency, its agents and employees from and against any and all loss, cost, damages, expense and liability caused by the failure of the Agency to fully perform its obligation under this agreement and in accordance with its terms.