S MOA Dept of Crime Control & Public Safety EMS

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G. All original records pertinent to this MOA shall be retained by the County of Orange three years following the date of termination of this MOA, with the foAowing exception: If aio~y litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings invoh-ing the records have been resolved. VIII. FUNDING AND COMPENSATION The Department of Crime Control and Public Safety, Division of Emergency Management will reimburse the County of Orange for the actual costs incurred, not to exceed Fifty Thousand Six Hundred and Ten Dollars ($50,610.00), to procure WMD preparedness equipment as described in this MOA.Fwads will be provided by the State of North Carolina, Department of Crime Cornrol and Public Safety, Division of Emergency Management, Budget Code 536-02. The allocation of funds will be from the DOJ FY 2002 Statewide Domestic Prepazedness Grant. All teams and conditions of this Agreement are dependent upon and subject to the allocation of funds from DOJ, OJP and the Department of Crime Control and Public Safety, Division of Emergency Management for the purposes set forth and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be detenmimed in accordance with the Office of the Assistant Attorney General, 07P regulations under the State Domestic Preparedness Program for Federal fiscal year 2001 or 2002 and the U.S. Department of Justice, Office of Justice Programs, Office of Domestic Prcparedness, Fiscal Year 2001 or 2402 State Domestic Preparedness Program, Program, Guidelines and Application Kit available at http://www.ojp.usdoj.gov/odp/docs/02odpkit.pd~ IX. MODIFICATION OF THE AGREEMENT Modification of this Agreement must be in writing and. upon approval of both parties. X. PROPERTY All property famished unde~t this agreement shall become the property of the County of Orange. The Courxty of Orange shall be responsible for the custody and care of a~ property fiirnished for use in connection with the performance of this agrcement and shall reimburse the Division of Emergency Management for any loss or damage to said property to the extern penoostted by the North Carolina Tort Claims .Act. All confidential infomoation of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only tlmse uses contemplated by the terms of this Agreement. Any inform~.tioa which is to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's confidential information without written authorization to do so from the other parry. Specifically excluded from such confidential treatment shall be information which: (i) as of the date of disclosure and/or delivery, is already known to the party receiving such information; (ii) is or becomes part of the public domain, through no fault of the receiving party; (ia) is ]awfiilIy disclosed to the receiving party by a third party who is not obligated to retain such iu~'ormation in confidence; or Psge 3 of 6