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i 111 P71MEMEM <br />Consolidated Agreement -FY13 Page 15 of 22 <br />a. Upon determination of non - compliance, the State shall give the Department sixty (60) days <br />written notice to come into compliance. If the deficiency is corrected, the Department shall <br />submit a written report to the State that sets forth the corrective action taken. <br />b. If the above deficiencies should not be corrected to the satisfaction of the State after the sixty <br />(60) day period, disbursement of funds for the particular activity may be temporarily suspended <br />pending negotiation of a plan of corrective action. <br />c. If the deficiency is still not corrected within the next thirty (30) days following temporary <br />suspension of funding, program funds may be permanently suspended until the Department can <br />provide evidence that the deficiencies have been corrected. <br />d. In the event of the Department's non - compliance with clauses of this agreement, the State may <br />cancel, terminate, or suspend this agreement in whole or in part and the Department may be <br />declared ineligible for further State contracts or agreements. Such terminations for non- <br />compliance shall not occur until (1) the provisions of Section K -1 (a -c) have been followed, <br />documented, and have failed to provide a resolution, and (2) all other reasonable <br />administrative remedies have been exhausted. <br />Monitoring — OMB Circular A -133 (Audits of States, Local Government, and Non -Profit <br />Organizations) as revised on June 27, 2003 requires that pass - through entities monitor the activities of <br />their subcontractors as necessary to ensure that federal awards are used for authorized purposes in <br />compliance with laws, regulations and the provision of contracts or grant agreements and that <br />performance goals are achieved. North Carolina establishes comparable monitoring requirements for <br />State funds received by subrecipients in N.C.G.S.158 -34, Annual independent audit: rules and <br />regulations, for local units of government. Also, DHHS -DPH must perform monitoring as required in <br />the DHHS Policy and Procedure Manual entitled "Monitoring of Programs" dated August 1, 2002 and <br />its Monitoring Plan dated January, 2006. <br />Additionally, each Local Health Department is required under Circular A -133, N.C.G.S.143- <br />6.2 and N.C.G.S.159 -34 to perform monitoring of its subrecipients and to maintain records to <br />support such monitoring activities and results. Accordingly, the Department shall participate fully <br />in monitoring by DHHS -DPH and shall appropriately monitor its subrecipients to the extent <br />necessary based on the assessed level of risk. <br />3. If the Department or the State should be determined out of compliance with the provisions of the <br />agreement, either party may file a formal appeal with the Office of Administrative Hearings. <br />IN WITNESS WHEREOF, the Department and the State have executed this agreement in duplicate <br />originals, one of which is retained by each of the parties. <br />LOCAL SIGNATURES <br />Health Director � Date <br />or Authorized Agent <br />STATE OF NORTH CAROLINA <br />State Health Director <br />4 <br />Date <br />Date <br />County Commissioners (when <br />