Orange County NC Website
administration of one or more social services programs covered by this MOU. Temporary <br /> employees hired by the County shall not be considered subcontractors under this MOU. <br /> Assignment: No assignment of the County's obligations or the County's right to receive any <br /> funding made in any way concerning the matters covered by this MOU hereunder shall be <br /> permitted. <br /> 2.0 Terms of the MOLL <br /> The term of this MOU shall be for a period of one year beginning July 1, 2019 and ending June <br /> 30, 2020. <br /> 2.1 Default and Modification <br /> Default: In the event the County fails to satisfy the mandated performance requirements as set <br /> forth in Attachment I< or fails to otherwise comply with the terms of this MOU, the Department <br /> may withhold State and/or federal funding. Any such withholding shall be in compliance with, <br /> and as allowed by, state and/or federal law. <br /> Performance Improvement/Corrective Action: Prior to the Department exercising its authority <br /> to withhold State and/or federal funding for a failure to satisfy the mandated performance <br /> requirements set forth in Attachment I or failure to comply with the terms of this MOU, the steps <br /> set forth in Attachment H will govern. For this MOU covering Fiscal Year 2019-2020, the <br /> Department will not initiate any actions set forth in Attachment I1. for a county's performance <br /> related to the performance requirements set forth in Attachment III. Nothing contained in this <br /> MOU shall supersede or limit the Secretary's authority to take any action otherwise set forth in <br /> N.C. Gen. 5tat. § I08A-74. <br /> Waiver of Default: Waiver by the Department of any default or breach in compliance with the <br /> terms of this MOU by the County shall not be deemed a waiver of any subsequent default or breach <br /> and shall not be construed to be modification of the terms of this MOU unless stated to be such in <br /> writing, signed by an authorized representative of the Department and the County and attached to <br /> the MOU. <br /> Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and <br /> so long as it is prevented from performing such obligations by any act of war, hostile foreign <br /> action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other <br /> catastrophic natural event or act of God. <br /> Modification: The terms and conditions of this MOU may only be modified by written agreement <br /> of the Parties, signed by an authorized representative of the Parties. <br /> Page 2 of 25 <br />