2002 S Health - N.C. Dept of Health & Human Services Consolidated

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t A Consolidated Agreement - Final Page 12 of 13 example, Expenditures reported for a grant with an award period of 7/01 through 9/30 cannot be amended after the November Expenditure Report deadline. I. AMENDMENT OF AGREEMENT Amendments, modifications, or waivers of this agreement may be made at any time by mutual consent of all parties. Amendments shall be in writing and signed by appropriate authorities. J. PROVISION OF TERMINATION Either party may terminate this agreement for reasons other than non-compliance upon sixty (60) days written notice. If termination should occur, the Department shall receive payment only for allowable expenditures. The State may withhold payment to the Department until the State can determine whether the Department is entitled to further payment or whether the State is entitled to a refund. K. COMPLIANCE 1. The State shall respond to non-compliance with all terms of this agreement as follows: a. Upon determination of non-compliance, the State shall give the Department sixty (60) days written notice to come into compliance. If the deficiency is corrected, the Department shall submit a written report to the State that sets forth the corrective action taken. b. If the above deficiencies should not be corrected to the satisfaction of the State after the sixty (60) day period, disbursement of funds for the particular activity may be temporarily suspended pending negotiation of a plan of corrective action. c. If the deficiency is still not corrected within the next thirty (30) days following temporary suspension of funding, program funds may be permanently suspended until the Department can provide evidence that the deficiencies have been corrected. d. In the event of the Department's non-compliance with clauses of this agreement, the State may cancel, terminate, or suspend this agreement in whole or in part and the Department may.be declared ineligible for further State contracts or agreements. Such terminations for non-compliance shall not occur until (1)the provisions of Section K-1 (a-c) have been followed, documented, and have failed to provide a resolution, and (2) all other reasonable administrative remedies have been exhausted. 2. Subrecipient Monitoring —OMB Circular A-133,Audits of States, Local Government, and Non-Profit Organizations, was revised on June 24, 1997 to require that pass-through entities monitor the activities of their subrecipients as necessary to ensure that federal awards are used for authorized purposes in compliance with laws, regulations and the provision of contracts or grant agreements and that performance goals are achieved. DHHS Memorandum subject: Subrecipient Monitoring, dated November 11, 1998, addresses the charge to OMB Circular A-133 and directs Divisions to develop risk- based Subrecipient Monitoring Plans.