2013-094 Health - State of NC Department of Health for Maintaining and Promoting the Advancement of Public Health in NC

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Consolidated Ag=ment-FY14 Page 15 of 23 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 maybe 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. Monitoring—OMB Circular A-133 (Audits of States,Local Government, and Non-Profit Organizations)as revised on June 27,2003 requires that pass-through entities monitor the activities of their subcontractors 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. North Carolina establishes comparable monitoring requirements for State funds received by subrecipients in N.C.G.S.158-34,Annual independent audit. rules and regulations, for local units of government. Also,DHHS-DPH must perform monitoring as required in the DHHS Policy and Procedure Manual entitled"Monitoring of Programs"dated August 1,2002 and its Monitoring Plan dated January,2006. Additionally,each Local Health Department is required under Circular A-133,N.C.G.S.143- 6.2 and N.C.G.S.159-34 to perform monitoring of its subrecipients and to maintain records to support such monitoring activities and results. Accordingly,the Department shall participate fully in monitoring by DHHS-DPH and shall appropriately monitor its subrecipients to the extent necessary based on the assessed level of risk. 3. If the Department or the State should be determined out of compliance with the provisions of the agreement, either party may file a formal appeal with the Office of Administrative Hearings.