Agenda - 04-18-2006-5e - Laserfiche WebLink

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Consolidmed A~recmem -Final Page 14 of 18 ~(p 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 pazticular activity may be temporazily 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 Deparhnent'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-I (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 Circulaz 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 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. North Carolina establishes compazable monitoring requirements for State funds received by subrecipients in N.C G.S.143-6.2, Use ojState,funds by Hors-State entities, for non-State subrecipients, and N.C.G.S.158-34, Annual independent audit rules and regulations, for local units of government. Also, DHHS-DPH must perform subrecipient monitoring as required in the DHHS Policy and Procedure Manual entitled " Monitoring of Programs" dated August 1, 2002. DHHS-DPH conducts monitoring in accordance with its Subrecipient Monitoring Plan dated January, 2006. Additionally, each Local Health Department is required under Circulaz 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 subrecipient monitoring by DHHS-DPH and shall appropriately monitor its subrecipients to the extent necessazy 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. IN WITNESS WHEREOF, the Department and the State have executed this agreement in duplicate originals, one of which is retained by each of the parties. LOCAL SIGNATURES Health Director STATE OF NORTH CAROLINA Date State Health Director or Authorized Agent Date Finance Officer Chair of County Commissioners Date (when required) Date Secretary, Department of Environment Date and Natural Resources or Authorized Agent