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MEMORANDUM OF UNDERSTANDING <br /> (FISCAL YEAR 2020-21 and 2021-22) <br /> BETWEEN <br /> THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES <br /> AND <br /> LEE <br /> A Written Agreement Pursuant to N.C. Gen. Stat. § 108A-74, <br /> an Act of the North Carolina 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 Lee <br /> a political subdivision of the State of North Carolina (hereinafter referred to as the "County") to <br /> comply with the requirements of law, N.C. Gen. Stat. § 108A-74. The Department and the County <br /> may be 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 January 1, 2021, 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 Lee 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 shall 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 /> Page 1 of 10 <br />