NS Grant Acceptance of Grant for Emergency Planning

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12 H. Failure to comply with the specified conditions will result in the return of the grant funds to North Carolina Division of Emergency Management I. All original records pertinent to this MOA shall be retained by Subgrantee for three years following the date of termination of this MOA, with the following exception: if any 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 involving the records have been resolved. VIII. FUNDING 8~ COMPENSATION The Department of Crime Control and Public Safety, Division of Emergency Management will provide funding to the Subgrantee, for the actual costs incurred, not to exceed $47,147.00 to update and enhance Emergency Operations Plans as described in this MOA. The State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management, Cost Center 1510-546, will provide funds. The allocation of funds will be from the FEMA FY 2002 Supplemental Grant. All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds from FEMA 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 determined in accordance with the N.C. Division of Emergency Management guidelines and policy, FEMA guidelines, and the Office of the Assistant Attorney General, OJP regulations under the State Domestic Preparedness Program for Federal fiscal year 2001 and 2002 and the U.S. Department of Justice, Office of Justice .Programs, Office of Domestic Preparedness, Fiscal Year 2001 or 2002 State Domestic Preparedness Program, Program Guidelines and Application Kit available at http://www.oip.usdoi.gov/odp/doss/02odpkit.pdf . IX. GENERAL TERMS & CONDITIONS A. Compliance: Failure to comply with the specified conditions will result in the return of this grant award to the North Carolina Division of Emergency Management. B. Taxes: The subgrantee shall be considered to be an independent Grantee and shall be responsible for all taxes. C. Warranty: As an independent Grantee, the subgrantee will hold the Department of Crime Control, Division of Emergency Management harmless for any liability and personal injury that may occur from or in conjunction with the performance of this agreement to the extent permitted by the North Carolina Tort Claims Act. D. State Property: The subgrantee shall be responsible for the custody and care of any property furnished for use in connection with this MOA. E. Situs: This MOA shall be governed by the laws of North Carolina and any claim for breach of enforcement shall be filed in the State Court in Wake County, North Carolina. F. Antitrust Laws: This MOA entered into in compliance with all State and Federal antitrust laws. G. Entire Agreement: This MOA and any exhibits and amendments annexed hereto and any documents incorporated specifically by reference represents the entire agreement between the parties and supersede all prior oral and written statements or agreements.