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f <br />mail, return receipt requested, to the County's contact identified in paragraph VIII, below. <br />Should the County determine it does not wish to accept the award of additional funds, <br />then the County shall provide notice to the Department contact within thirty (30) days of <br />receipt of the Award Letter. Otherwise, the County shall provide to the Department its <br />written notice of acceptance within forty-five (45) days of receipt of the Award Letter. <br />'The terms of this Agreement shall be considered to ha,,e been modified to include the <br />additional fiends upon receipt of the written notice of acceptance. <br />M_M"I <br />The County shad constantly monitor its performance under this Agreement to ensm.' that <br />time schedules are being met, the Scope of W(,rk is being accomplished and other <br />performance goals are being achieved. Such review shall be made for each function or <br />activity set forth in Attachment A to this Agreement, and reported in accordance with <br />Attachment D. Records of such activities shrill be created and retained in accordance with <br />Attachment C. <br />1,rl. UARILMITY <br />The County shall be solely responsible to parties with whom it shall deal in carrying out the <br />terms of this Agreement. For purposes of this Agieement, the County agrees that it is not an <br />employee or agent of the Department. <br />VII. NONCQMPLi.ANCI ._ tE� DWS. AM] ' I M[NA`CI( PI <br />If a County fails to comply with any term or condition applicable to an award under <br />Rule Chapter 9G-1.9 or any term or condition including, but not limited to, federal <br />and state laws, agreements, rules and regulations, applicable to any other funding for <br />the County administered nistered by the Division, then the Department shall take one or <br />more of the following actions, as indicated by the attendant circumstances: <br />1. temporarily withhold cash payments, pending correction of the deficiency, or <br />more severe enforcement action; <br />2. disallow all or part of the cast of the activity or action not in compliance; <br />3. suspend or terminate the award; <br />4. disallow luture participation in the program or funding provided under this <br />rule chapter; <br />5. recover ail funds provided under the current award. <br />Costs of the County resulting from obligations incurred by the County during <br />suspension or after termination of an award are not allowable unless the Department <br />expressly authorizes them in the notice of suspension or termination, or <br />subsequently authorizes theta in writing. Other County costs during suspension or <br />after termination which are necessary and not reasonably avoidable may, in the sole <br />discretion of the Department, be allowable if: <br />