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<br />Amendments of 1972; the Age Discrimination Act of 1975; and the Department of Justice <br />Non-Discrimination Regulations, 28 CFR Part 35, 28 CFR Part 42, Subparts C, D, E, G and <br />I, and 28 CFR Part 54, <br /> <br />The GRANTEE further agrees to protect the rights of service recipients as required under all <br />applicable State and Federal laws and regulations, <br /> <br />The GRANTEE agrees to provide DJS and the Office for Civil Rights, Office of Justice <br />Programs, any finding of discrimination resulting from a due process hearing on the grounds <br />of race, color, national origin, religion, sex, or disability. <br /> <br />V, AUTHORITY TO CONTRACT <br />The GRANTEE shall not have the authority to contract on behalf of or incur obligations on <br />behalf ofNDACo or DJS without written approval ofNDACo and DJS, If such subcontract <br />is approved, it shall acknowledge the binding nature of this agreement, and incorporate this <br />agreement, together with its attachments as appropriate, <br /> <br />VI. INDEPENDENT ENTITY <br />The GRANTEE shall perfonn as an independent entity under this agreement. The <br />GRANTEE, its employees, agents or representatives are not employees of NDACo or DJS. <br />No part of this agreement shall be construed to represent the creation of an <br />employerlemployee relationship, <br /> <br />VII. AUDIT RESPONSIBILITY <br />The GRANTEE agrees to keep such financial records as are required for sub-grants of <br />OJJDP grant awards, as detailed in the Office of Justice Programs, Financial Guide and <br />associated Federal Circulars. These records shall be made available to NDACo, DJS, or <br />their agents, upon request at any time during nonnal business hours. The GRANTEE agrees <br />to include these funds in the ann~al audit of its organization, and further agrees to allow <br />NDACo, DJS, or their agents, to conduct an audit at the expense of NDACo, DJS, or their <br />agents. <br /> <br />VIII. RETENTION/PRIV ACY OF RECORDS <br />The GRANTEE agrees to retain the financial records identified in paragraph VII above, for a <br />period of three years or until an audit is completed and closed, whichever occurs later. The <br />GRANTEE further agrees to assure the privacy of client records in confonnance with all <br />applicable State and federal laws and regulations. <br /> <br />IX, TERMINATION OF AGREEMENT <br />If through good cause, the GRANTEE shall fail to fulfill in a timely and proper manner its <br />obligations under this agreement, NDACo or DJS shall thereupon have the right to tenninate <br />this agreement by giving written notice 30 days prior to tennination to the GRANTEE of <br />such tennination. Notwithstanding a tennination pursuant to this paragraph, the GRANTEE <br />shall not be relieved of liability to NDACo or DJS, and NDACo or DJS may withhold any <br />payment otherwise due to the GRANTEE. <br /> <br />2 <br />