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MOU/MOA is often the first stage in the formation of a formal contract. It is <br />given weight in a court of law should one party fail to meet the obligations of <br />the memorandum. A Resolution must be processed to request authority from <br />the Board of Commissioners for a Department Head to sign on behalf of <br />Cabarrus County for this type of agreement. The request would be considered <br />for adoption at a regularly scheduled meeting. <br />I. Premature Termination of Contracts <br />If a contract needs to be terminated prematurely, the Department should <br />promptly notify the Contract Administrator and forward detailed <br />documentation stating the reasons for the termination request. A copy of the <br />Contract Control Sheet should be attached. Absolutely no contract is to be <br />terminated prematurely without written authorization from the Contract <br />Administrator and/or the County Attorney. Wrongful termination of a <br />contract can have serious adverse consequences to the County. Properly <br />terminated contracts will be removed from the contract files and any <br />remaining encumbrances (if applicable) will be canceled. <br />IV. PROCESS <br />The Department Head, or their designee, is responsible for notifying the Contract <br />Administrator (appointed by the Finance Director) of the need for a contract. On <br />certain occasions, the County Attorney may approve the use of a generic form <br />contract that may be used by the department as a proposed initial draft. There <br />will also be occasions where the County Attorney must draft initial contracts. The <br />department needing a contract must complete the "Department Section" of the <br />Contract Control Sheet: <br />http://guide/site s/Finance/Contract%20Administration/Forms/Al1Ite ms. aspx. <br />The Contract Control Sheet must be submitted with the original proposed <br />contract to the Contract Administrator for processing. <br />The Contract Administrator will determine if the nature of the contract requires <br />certain bid procedures to be followed and will be responsible for implementing <br />such procedures. The Contract Administrator shall then send the proposed <br />F-5 <br />Page 47 of 48 <br />Attachment number 1 <br />Page 112 <br />