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Consolidated Agreement FY 18 Page 15 of 33 3. Total payment by program Activity is limited to the total amount listed on the Funding Authorization document and any Funding Authorization revision documents received after the initial notification. 4. Final payments for the State Fiscal Year will be made based on the final monthly Expenditure Report which is due as delineated per the Controller's Office's Aid -to -Counties Payment Schedule. I. AMENDMENT OF AGREEMENT 1. 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 1. Either party may terminate this Agreement for reasons other than non-compliance upon 60 days written notice. If termination should occur, the Department shall receive payment only for allowable expenditures. 2. 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 -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 60 -day period, disbursement of funds for the particular activity may be temporarily suspended pending negotiation of a plan of corrective action. c. If the deficiency is still not corrected within the next 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. La through K. Lc 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 sub -recipients in N.C.G.S.158-34, Annual independent audit: rules and regulations, for local units of government. Also, the State 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, the 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 sub -recipients and to maintain records to support such monitoring activities and results. Accordingly, the Department shall participate fully in monitoring by the State