Orange County NC Website
For Official Use Only <br />EMPG MOA 2018 7 of 13 <br />must be forwarded to Recipient. A contractual arrangement shall in no way relieve Sub-recipient of its responsibilities <br />to ensure that all funds issued pursuant to this grant be administered in accordance with all state and Federal <br />requirements. Sub-recipient is bound by all special conditions of this grant award as set out in the Grant Application <br />Package and the Grant Award and Special Conditions documents, incorporated by reference herein, as well as all terms, <br />conditions and restrictions of the applicable EMPG NOFO announcement referenced herein. <br /> <br />17. Situs <br />This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed <br />in State Court in Wake County, North Carolina. <br /> <br />18. Antitrust Laws <br />This Agreement is entered into in compliance with all State and Federal antitrust laws. <br /> <br />19. Other Provisions/Severability <br />Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, <br />Department of Public Safety, North Carolina Emergency Management, or the Sub-recipient. If a term of this agreement <br />is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this <br />agreement shall remain in full force and effect. <br /> <br />20. Compliance with the law <br />Sub-recipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its <br />employees and assistants. Sub-recipient shall be responsible for compliance with all laws, ordinances, codes, rules, <br />regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and <br />purchase requirements performed under this MOA, including those of Federal requirements and State and local agencies <br />having appropriate jurisdiction and found in the FY 2018 EMPG NOFO announcement. <br /> <br />21. Entire Agreement <br />This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated <br />specifically by reference represent the entire agreement between the parties and supersede all prior oral and written <br />statements or agreements. <br /> <br />22. Modification <br />This Agreement may be amended only by written amendments duly executed by the Recipient and the Sub-recipient. <br /> <br />23. Certification of eligibility--Under the Iran Divestment Act <br />Pursuant to G.S. 147-86.59, any person identified as engaging in investment activities in Iran, determined by appearing <br />on the Final Divestment List created by the State Treasurer pursuant to G.S, 147-86.58, is ineligible to contract with the <br />State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-86.55 et <br />seq.* requires that each vendor, prior to contacting with the State certifies, and the undersigned on behalf of the Vendor <br />does hereby certify, to the following: <br />A. That the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined <br />engages in investment activities in Iran <br />B. That the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the <br />Final Divestment List <br />C. That the undersigned is authorized by the Vendor to make this Certification <br /> <br />The State Treasurer’s Final Divestment List can be found on the State Treasurer’s website at the address: <br />https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-divestment-Act-resources.aspx , <br />and is updated every 180 days. For questions about the Department of State Treasurer’s Iran Divestment Policy, please <br />call (919) 814-3852. <br /> <br />24. Termination <br />DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F