2020-692-E-Economic Dev-Economic Dev partnership of NC

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(11) Provisions for termination by mutual consent with 60 days written notice to the other party, or as otherwise provided by law. (12) A provision that the awarding of State financial assistance is subject to allocation and appropriation of funds to the agency for the purposes set forth in the contract. (13) Provision that requires reversion of unexpended State financial assistance to the agency upon termination of the contract. (14) A provision that requires compliance with the requirements set forth in this Subchapter, including audit oversight by the Office of the State Auditor, access to the accounting records by both the funding entity and the Office of the State Auditor, and availability of audit work papers in the possession of any auditor of any recipient of State funding. (15) A clause addressing assignability and subcontracting, including the following: (a) The recipient or subrecipient is not relieved of any of the duties and responsibilities of the original contract. (b) The subrecipient agrees to abide by the standards contained in this Subchapter and to provide information in its possession that is needed by the recipient to comply with these standards. History Note: Authority G.S. 143C-6-22; 143C-6-23; Eff. July 1, 2005; Readopted Eff. July 1, 2016. 09 NCAC 03M .0704 GRANT MONITORING AND EVALUATION History Note: Authority G.S. 143C-6-22; 143C-23; Eff. July 1, 2005; Repealed Eff. July 1, 2016. SECTION .0800 - SANCTIONS 09 NCAC 03M .0801 NONCOMPLIANCE WITH RULES (a) An agency shall not disburse any State financial assistance to an entity that is on the Suspension of Funding list. (b) When a non-State entity does not comply with the requirements of this Subchapter, the agency shall take measures to ensure that the requirements are met, including: (1) Communicating the requirements to the non-State entity. (2) Requiring a response from the non-State entity upon a determination of noncompliance. (3) Suspending payments to the non-State entity until the non-State entity is in compliance. (c) When an agency discovers evidence of management deficiencies or criminal activity leading to the misuse of funds, the agency shall notify the Office of State Budget and Management and take the appropriate action or actions, such as: (1) Suspend payments until the matter has been fully investigated and corrective action has been taken. (2) Terminate the contract and take action to retrieve unexpended funds or unauthorized expenditures. (3) Report possible violations of criminal statutes involving misuse of State property to the State Bureau of Investigation, in accordance with G.S. 143B-920. (d) Upon determination of noncompliance with requirements of the contract that are not indicative of management deficiencies or criminal activity, the agency shall give the recipient or subrecipient 60 days written notice to take corrective action. If the recipient or subrecipient has not taken t he appropriate corrective action after the 60-day period, the disbursing agency shall notify the Office of State Budget and Management and take the appropriate action or actions, such as: (1) Suspend payments pending negotiation of a plan of corrective action. (2) Terminate the contract and take action to retrieve unexpended funds or unauthorized expenditures. (3) Offset future payments with any amounts improperly spent. (e) Each disbursing agency shall ensure that recipients and subrecipients have complied with the applic able provisions of this Subchapter. (f) Agencies are subject to audit for compliance with the requirements of this Subchapter by the Office of State Budget and Management, the Office of the State Auditor, and agency internal auditors. Any finding of DocuSign Envelope ID: A0668E2C-EC33-465B-A5EE-E1302408AA65