Orange County NC Website
Page 11 of 12 <br />12 , <br />b. When fees received exceed the amount shown by program in Activity <br />3109 an internal adjustment will be made to increase the amount <br />shown. <br />I. AMENDMENT OF CONTRACT <br />Amendments, modifications, or waivers of this contract may be made at any <br />time by mutual agreement of all parties. Amendments shall be in writing and <br />signed by appropriate authorities. <br />J. PROVISION OF TERMINATION <br />This contract may be terminated for reasons other than non - compliance upon <br />sixty (60) days written notice by either party. If termination should occur, <br />the Department shall receive payment only for allowable expenditures. <br />The State may withhold payment to the Department until the State can <br />determine whether the Department is entitled to further payment or whether <br />the State is entitled to a refund. <br />K. COMPLIANCE <br />1. The State shall assure compliance with all terms of this contract. <br />a. Upon determination of non - compliance, the State shall give the <br />Department sixty (60) days written notice to come into compliance. <br />If the deficiency is corrected, the Department shall submit a written <br />report to the State which sets forth the corrective action taken. <br />b. If the above deficiencies should not be corrected to the satisfaction <br />of the State after the sixty (60) day period, disbursement of funds <br />for the particular activity may be temporarily suspended pending <br />negotiation of a plan of corrective action. <br />c. If the deficiency is still not corrected within the next thirty (30) <br />days 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 <br />in whole or in part and the Department may be declared ineligible for <br />further State contracts or agreements. Such terminations for <br />non - compliance shall, not occur until: (1) the provisions of Section <br />K -1 (a -c) have been followed, documented, and have failed to provide <br />a resolution, (2) all other reasonable administrative remedies have <br />been exhausted. <br />2. If the Department or the State should be determined out of compliance <br />with the provisions of the contract, either party may file a formal <br />appeal with the Office of Administrative Hearings. <br />