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• 4W Department may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested, to the County's contact identified in Paragraph VIII, below. Should the County determine it does not wish to accept the award of additional funds, then the County shall provide notice.to the Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the County shall provide to tate Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon receipt of the written notice of acceptance. V. MONITORING The County shall constantly monitor its performance under this. Agreement to ensure that time schedules are being met, the Scope of Work is being accomplished and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in accordance with Attachment D. Records of such activities shall be created and retained in accordance with Attachment C. Vl. LIABILM The County shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement. For purposes of this Agreement, the County agrees that it is not an employee or agent of the Department. VII. NONCOMPLIANCE, REMEDIES, AND TERMINATION A. If a County fails to comply with any term or condition applicable to an award under Rule Chapter 9G-19 or any term or condition including, but not limited to, federal and state laws, agreements, rules and regulations, applicable to any other funding for the County administered by the Division, then the Department shall take one or more of the following actions, as indicated by the attendant circumstances: 1. temporarily withhold cash payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the cost of the activity or action not in compliance; 3. suspend or terminate the award; 4, disallow future participation in the program or funding provided under this rule chapter; i 5. recover all funds provided under the current award. B. Costs of the County resulting from obligations incurred by the County during suspension or after termination of an award are not allowable unless the Department' expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other County costs during suspension or after termination which are necessary and not reasonably avoidable may, in the sole discretion of the Department, be allowable if: