Agenda - Item 6-d - Social Services Reform and Performance Memorandum of Understanding

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Page 2 of 20 Assignment: No assignment of the County's obligations or the County's right to receive any funding made in any way concerning the matters covered by this MOU hereunder shall be permitted. 2.0 Terms of the MOU The term of this MOU shall be for a period of one year beginning July 1, 2018 and ending June 30, 2019. 2.1 Default and Modification Default: In the event the County fails to satisfy the mandated performance requirements as set forth in Attachments I through IX or fails to otherwise comply with the terms of this MOU, the Department may withhold State and/or federal funding. Any such withholding shall be in compliance with, and as allowed by, state and/or federal law. Performance Improvement/Corrective Action: Prior to the Department exercising its authority to withhold State and/or federal funding for a failure to satisfy the mandated performance requirements or failure to comply with the terms of this MOU, the steps set forth in Attachment X will govern. For this MOU covering Fiscal Year 2018-2019, the Department will not initiate any actions set forth in Attachment X related to the mandated performance requirements until January 1, 2019. Nothing contained in this MOU or Attachment X shall supersede or limit the Secretary’s authority to take any action otherwise set forth in N.C. Gen. Stat. § 108A-74. Waiver of Default: Waiver by the Department of any default or breach in compliance with the terms of this MOU by the County shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this MOU unless stated to be such in writing, signed by an authorized representative of the Department and the County and attached to the MOU. Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Modification: The terms and conditions of this MOU may only be modified by written agreement of the Parties, signed by an authorized representative of the Parties. 3.0 MOU Documents The Recitals and the following attachments are incorporated herein by reference and are part of this MOU: (1) The portions hereof preceding the Terms of Understanding, including but not limited to the introductory paragraph and the Recitals, which are contractual as well as explanatory (2) The Terms of Understanding (3) Attachment I – Mandated Performance Requirements: Child Welfare – Child Protective Services (4) Attachment II – Mandated Performance Requirements: Foster Care (5) Attachment III – Mandated Performance Requirements: Child Support (6) Attachment IV – Mandated Performance Requirements: Energy 5