Orange County NC Website
Browse       Search
confidential and restricted in its use to only those uses contemplated by the terms of <br />this MOA. Any information to be treated as confidential must be clearly marked as <br />confidential prior to transmittal to the other party. Neither party shall disclose to third <br />parties, the other party's confidential information without written authorization to do <br />so from the other party. Specifically excluded from such confidential treatment shall <br />be information that: (i) as of the date of disclosure and/or delivery, is already known <br />to the party receiving such information; (ii) is or becomes part of the public domain <br />through no fault of the receiving party; (iii) is lawfully disclosed to the receiving party <br />by a third party who is not obligated to retain such information in confidence; or (iv) <br />is independently developed at the receiving party by someone not privy to the <br />confidential information. In accordance with page 55 of the FY 2010 Homeland <br />Security Grant Program Guidelines and Application Kit, "FEMA recognizes that <br />much of the information submitted in the course of applying for funding under this <br />program, or provided in the course of its grant management activities, may be <br />considered law enforcement sensitive or otherwise important to national security <br />interests. While this information under Federal control is subject to requests made <br />pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all <br />determinations concerning the release of information of this nature are made on a <br />case -by -case basis by the FEMA FOIA Office ... The Grantee and NCOI should be <br />familiar with the regulations governing Sensitive Security Information (49 CFR Part <br />1520), as it may provide additional protection to certain classes of homeland security <br />information." <br />X. SUBCONTRACTING. If the Sub - grantee subcontracts any or all purchases or <br />services required under this Agreement, Sub - grantee agrees to include in the <br />subcontract that the subcontractor is bound by the terms and conditions of this MOA. <br />Sub - grantee agrees to include in the subcontract that the subcontractor shall hold <br />Grantee harmless against all claims of whatever nature arising out of the <br />subcontractor's performance of work under this MOA. If Sub - grantee subcontracts any <br />or all purchases or services required under this MOA, a copy of the executed <br />subcontract agreement must be forwarded to the State of North Carolina, Department <br />of Crime Control and Public Safety, Division of Emergency Management. Contractual <br />arrangement shall in no way relieve Sub - grantee of its responsibilities to ensure that all <br />funds issued pursuant to this grant be administered in accordance with all state and <br />federal requirements. Sub - grantee is bound by the terms, conditions and restrictions of <br />the applicable USDHS Program Guidelines and Application Kits referenced herein. <br />XI. SITUS. This Agreement shall be governed by the laws of North Carolina, and venue <br />for any disputed matters or claims shall be in the Superior Court of Wake County, <br />North Carolina. <br />XII. ANTITRUST LAWS. This Agreement is entered into in compliance with all State <br />and Federal antitrust laws. <br />XIII. COMPLIANCE WITH THE LAW. Sub - grantee shall be wholly responsible for the <br />purchases to be made under this MOA and for the supervision of its employees and <br />assistants. Sub - grantee shall be responsible for compliance with all laws, ordinances, <br />codes, rules, regulations, licensing requirements and other regulatory matters that are <br />applicable to the conduct of its business and purchase requirements performed under <br />Page 6of13 <br />