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0 6 <br />O N <br />O <br />a. D o <br />y `n <br />m ° o <br />a~ <br />w <br />N <br />(D <br />O <br />W <br />A <br />,,dared A$"-m -m - Final <br />Page 14 of 18 <br />c. If the deficiency is still not corrected within the next thirty (30) days following temporary suspension of <br />funding, program funds may be 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 agreement, the State may cancel, <br />terminate, or suspend this agreement in whole or in part and the Department may be declared ineligible <br />for further State contracts or agreements. Such terminations for non-compliance shall not occur until (1) <br />the provisions of Section K-1 (a-c) have been followed, documented, and have failed to provide a <br />resolution, and (2) all other reasonable administrative remedies have been exhausted. <br />2. Subrecipient 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 their <br />subrecipients as necessary to ensure that federal awards are used for authorized purposes in compliance with <br />laws, regulations and the provision of contracts or grant agreements and that performance goals are <br />achieved. The State maintains comparable requirements for subrecipient monitoring as outlined in NC <br />General Statute 143-6.1. Also, DHHS-DPH must perform subrecipient monitoring as required in the DHHS <br />Policy and Procedure Manual entitled " Monitoring of Programs" dated August 1, 2002. <br />DHHS-DPH conducts monitoring in accordance with its Subrecipient Monitoring Plan dated January 14, <br />2000. Additionally, each Local Health Department is required under Circular A-133 to perform monitoring <br />of its subrecipients and to maintain records to support such monitoring activities and results. Accordingly, <br />the Department shall participate fully in subrecipient monitoring by DHHS-DPH and shall appropriately <br />monitor its subrecipients to the extent necessary based on the assessed level of risk. <br />If the Department or the State should be determined out of compliance with the provisions of the agreement, <br />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 originals, one <br />of which is retained by each of the parties. <br />LOCAL SIGNATURES <br />Health Director <br />n;,D',( 20 PAGE = 19 <br />Date <br />Finance Officer i Date <br />Chairman of County Commissioners <br />(When required) <br />STATE OF NORTH CAROLINA <br />By <br />State Health Director <br />or Authorized Agent <br />Secretary <br />Department of Environment and Natural <br />Resources or Authorized Agent <br />,A :L ;1 <br />Date <br />Date <br />Date <br />