Orange County NC Website
C:\CONSOLIDATED CONTRACT 00-01.FINAL.DUC Page 10 of 11 <br /> I. AMENDMENT OF CONTRACT <br /> Amendments, modifications, or waivers of this contract may be made at any time by <br /> mutual agreement of all parties. Amendments shall be in writing and signed by <br /> appropriate authorities. <br /> J. PROVISION OF TERMINATION <br /> Either party may terminate this contract for reasons other than non-compliance upon <br /> sixty- (60) days written notice. If termination should occur, the Department shall receive <br /> payment only for allowable expenditures. <br /> The State may withhold payment to the Department until the State can determine whether <br /> the Department is entitled to further payment or whether the State is entitled to a refund. <br /> K. COMPLIANCE <br /> 1. The State shall respond to non-compliance with all terms of this contract as <br /> follows: <br /> a. Upon determination of non-compliance, the State shall give the <br /> Department sixty (60) days written notice to come into compliance. If the <br /> deficiency is corrected, the Department shall submit a written report to the <br /> State that sets forth the corrective action taken. <br /> b. If the above deficiencies should not be corrected to the satisfaction of the <br /> State after the sixty- (60) day period, disbursement of funds for the <br /> particular activity may be temporarily suspended pending negotiation of a <br /> plan of corrective action. <br /> C. If the deficiency is still not corrected within the next thirty- (30) days <br /> following temporary suspension of funding, program funds may be <br /> permanently suspended until the Department can provide evidence that <br /> the deficiencies have been corrected. <br /> d. In the event of the Department's non-compliance with clauses of this <br /> contract, the State may cancel, terminate, or suspend this contract in <br /> whole or in part and the Department may be declared ineligible for further <br /> State contracts or agreements. Such terminations for non-compliance <br /> shall not occur until (1) the provisions of Section K-1 (a-c) have been <br /> followed, documented, and have failed to provide a resolution, (2) all other <br /> reasonable administrative remedies have been exhausted. <br /> 2. If the Department or the State should be determined out of compliance with the <br /> provisions of the contract, either party may file a formal appeal with the Office of <br /> Administrative Hearings. <br /> Signature Page attached <br />