2012-118 EMS - NCEM for Homeland Security Grant Program

Browse Search

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. In accordance with page 55 of the FY 2011 Homeland Security Grant Program Guidelines and Application Kit, "FEMA recognizes that much of the information submitted in the course of applying for funding under this program, or provided in the course of its grant management activities, may be considered law enforcement sensitive or otherwise important to national security interests. While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a case -by -case basis by the FEMA FOIA Office ... The Grantee and NCOI should be familiar with the regulations governing Sensitive Security Information (49 CFR Part 1520), as it may provide additional protection to certain classes of homeland security information." IX. SUBCONTRACTING. If the Sub - grantee subcontracts any or all purchases or services required under this Agreement, Sub - grantee agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Sub - grantee agrees to include in the subcontract that the subcontractor shall hold Grantee harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Sub - grantee subcontracts any or all purchases or services required under this MOA, a copy of the executed subcontract agreement must be forwarded to the State of North Carolina, Department of Crime Control and Public Safety, Division of Emergency Management. Contractual arrangement shall in no way relieve Sub - grantee of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. Sub - grantee is bound by the terms, conditions and restrictions of the applicable USDHS Program Guidelines and Application Kits referenced herein. X. SITUS. This Agreement shall be governed by the laws of North Carolina, and venue for any disputed matters or claims shall be in the Superior Court of Wake County, North Carolina. XI. ANTITRUST LAWS. This Agreement is entered into in compliance with all State and Federal antitrust laws. XII. COMPLIANCE WITH THE LAW. Sub - grantee shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Sub - grantee shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of federal requirements and State and local agencies having Page 6 of 14