Orange County NC Website
Browse       Search
MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2019-20) BETWEEN <br /> THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES <br /> AND <br /> ORANGE COUNTY <br /> A Written Agreement Pursuant to N.C. Gen. Stat. § 108A-74, an Act of the North Carolina <br /> General Assembly <br /> This Memorandum of Understanding("MOU")is made by and between the North Carolina <br /> Department of Health and Human Services, (hereinafter referred to as the "Department") and <br /> Orange County a political subdivision of the State of North Carolina(hereinafter referred to as the <br /> "County") to comply with the requirements of law, N.C. Gen. Stat. § 108A-74, The Department <br /> and the County maybe referred to herein individually as a"Party"and collectively as the"Parties." <br /> TERMS OF UNDERSTANDING <br /> In consideration of the mutual promises and agreements contained herein, as well as other <br /> good and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, <br /> the Parties agree to this MOU, effective July 1, 2019, in compliance with the mandates of law <br /> enacted by the North Carolina General Assembly and in recognition of possible amendments by <br /> the General Assembly, the Parties further agree to conform to changes made to the law, <br /> notwithstanding a contractual term previously agreed upon. <br /> 1.0 Parties to the MOU <br /> The only Parties to this MOU are the North Carolina Department of Health and Human Services <br /> and Orange County, a political subdivision of the State of North Carolina. <br /> 1.1 Relationships of the Parties <br /> Nothing contained herein shall in any way alter or change the relationship of the parties as defined <br /> under the laws of North Carolina. It is expressly understood and agreed that the enforcement of <br /> the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall <br /> be strictly reserved to the Department and the County. Nothing contained in this document shall <br /> give or allow any claim or right of action whatsoever by any other third person. It is the express <br /> intention of the Department and County that any such person or entity, other than the Department <br /> or the County, receiving services or benefits under this MOU small be deemed an incidental <br /> beneficiary only. <br /> Subcontracting: The County shall be responsible for the performance of all of its subcontractors. <br /> The County shall disclose the names of its subcontractors to the Department within thirty(30)days <br /> of the execution thereof. The County shall also provide additional information concerning its <br /> subcontractors as may be requested by the Department within thirty (30) days of the request. The <br /> County additionally agrees not to enter into any confidentiality agreement or provision with a <br /> subcontractor or other agent to provide services related to this MOU that would prevent or frustrate <br /> the disclosure of information to the Department. Subcontractors shall be defined under this MOU <br /> to mean any party the county enters into a contractual relationship with for the complete <br /> Page 1 of 25 <br />