2011-327 EMS - NC Division of Emergency Mangement for Table top Exercises $5,000

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(17)The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, exercise or work activities beyond that identified in this MOA shall be the sole responsibility of Grantee and shall not be reimbursed under this MOA. 10. Funding. All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from DHS, FEMA, EM for the purpose set forth and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) FY 2011 Emergency Management Performance Grant Program Guidelines and Application Kit, incorporated by reference herein, and available at: http://www.fema.govLgovernment/grant/empgZ, 44 C.F.R. Part13, 2 CFR Parts 215, 220, and 230, Federal Acquisition Regulations (FAR) Part 31.2, OMB Circulars A -21, A -87, A -122 and A -133 and the U.S. DHS Financial Management Guide available at http://www.dhs.qov/xlibrary/assets/Grants FinancialManaaementGuide.pdf. 11. Taxes. Grantee shall be considered to be an independent grantee and as such shall be responsible for all taxes. 12. Warranty. As an independent Grantee, the Grantee will hold the Grantor harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 13. State Property. Grantee shall be responsible for the custody and care of any property purchased with FY 2011 Emergency Management Performance Grant (EMPG) funds furnished for use in connection with the performance of this Agreement and shall reimburse the Grantor for any loss or damage to said property until the property is disposed of in accordance with FY 2011 EMPG Program requirements. Grantor will not be held responsible for any property purchased under this MOU /MOA. Title to the property purchased with FY 2011 EMPG funds shall be in the Grantee. 14. Points of Contact. To provide consistent and effective communication between the County of Orange and the Department of Crime Control and Public Safety, Division of Emergency Management, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The Department of Crime Control and Public Safety Division of Emergency Management contact shall be Elaine Wathen, Assistant Director, Information and Planning Chief. The County of Orange contacts shall be [Name], [Title], and [Name], [Title]. All confidential information 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 those uses contemplated by the terms of this MOA. Any information 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 party. Specifically excluded from such confidential treatment shall be information that: (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; (iii) is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence; or (iv) is independently developed at the receiving party by someone not privy to the confidential information. 2011 Annual Grant Award Page 6 of 10