2013-467 EMS - Emergency Management Performance Grant for Annual DPS Grant $70,000

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2013 Annual Grant Award Page 7 of 10 Subcontracting. If Grantee subcontracts any or all purchases or services required under this Agreement, then Grantee agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Grantee and any subcontractor agree to include in the subcontract that the subcontractor shall hold Grantor harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Grantee subcontracts any or all purchases or services required under this MOA, a copy of the executed subcontract Agreement must be forwarded to Grantor. A contractual arrangement shall in no way relieve Grantee of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. Grantee is bound by all special conditions of this grant award as set out in the Grant Application Package and the Grant Award and Special Conditions documents, incorporated by reference herein, as well as all terms, conditions and restrictions of the applicable Emergency Management Performance Grant Program Funding Opportunity Announcement(FOA) referenced herein. 15. Situs. This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed in State Court in Wake County, North Carolina. 16. Antitrust Laws. This Agreement is entered into in compliance with all State and Federal antitrust laws. 17. Other Provisions/Severability. Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, Department of Public Safety, North Carolina Emergency Management, or the County of Orange. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 18. Entire Agreement. This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written statements or agreements. 19. Modification, This Agreement may be amended only by written amendments duly executed by the Grantor and the Grantee. 20. Termination. The terms of this agreement, as modified with the consent of all parties, will remain in effect until September 30, 2014. Either party upon thirty (30)days advance written notice to the other party may terminate this agreement. Upon approval by USDHS, FEMA and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension will be the date listed in the applicable USDHS, FEMA Grant Adjustment Notice, incorporated by reference herein. If DHS suspends or terminates funding in accordance with 44 C.F.R. §13.43 and the FY 2013 Emergency Management Performance Grant Program Funding Opportunity Announcement(FOA), incorporated by reference herein, the County of Orange shall reimburse North Carolina Emergency Management for said property. 21. Execution and Effective Date. This grant shall become effective upon return of this original Grant Award and Memorandum of Agreement and cost report, properly executed on behalf of the Grantee, to North Carolina Emergency Management and will become binding upon execution of all parties to the Agreement. The terms of this Agreement will become effective on October 1, 2012. The last signature shall be that of Lorrie L. Dollar, Commissioner, Department of Public Safety. 22. Term of this Agreement. This agreement shall be in effect from October 1, 2012 to September 30, 2014.