2005 Emergency Svc - N C Dept of Crime Control & Public Safety MOA for Homeland Security grant

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Manager will identify a Designated agent who is authorized to sign and submit required grant documentation, and will identify a Point of Contact for routine grant coordination using the attached Designated Agent and Point of Contact forms located in Annex B,attached and incorporated by reference:herein. All confidential information of either party disclosed to the outer 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 tither 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 arid.='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)i independently developed at the receiving party by someone not privy to the confidential information. In accordance with Appendix A of the FY 2004 State' °Iomeland Security Grant Program guidelines and ,application Kit(annex C),"ODP recognizes that much of the information submitted in the course of applying for funding tinder 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. This may include threat, risk, and needs assessment information,and discussions of demographics, transportation,public works,and industrial and public health infrastructures. While this information is subject to requests made pursuant to the Freedom ofInformation .act(FOIA),5U.S.C. §552 et. seq.,all determinations concerning the release of information of this nature are made on a case-by-tee basis by the DHS FOIA Office . . . .- X. SUBC ON,rRACTI G ND SUBGRANTING Upon approval by USDU I, ODP,if the County of Orange subcontracts or subgrants any or all of the work required under this MOA,the County of Orange agrees to include in the subcontract or subgrant that the subcontractorisubgrantee is bound by the terms and conditions of this MOA. The County of Orange agrees to include in the subcontractisubgrant that the subcontractorisubgrrantee shall hold the Department of"Crime Control and Public Safety Division of Emergency M anagement harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOM,to the extent allowed and required by law. If the County of Orange subcontractsfsubgrants,a copy of the executed ubcontract/subgrant agreement must be forwarded to the Division of Emergency Management within tort..(1 )days of execution of said subcontract/subgrant. Contractual arrangement shall in no way relieve the County of grange of its responsibilities to erase that all Bands issued pursuant to this grant be administered in accordance with all state and federal requirements. The County of Orange is bound by the terms,conditions and restrictions of the U.S.Department of Homeland Security,Office of Domestic Preparedness, FY 2004 State Homeland Security Grant Program Guidelines and Application Kit(Annex Q. FY2004 DHa SHSGP :Memorandum ofAgreement 4 oJ7