Orange County NC Website
Browse       Search
For Official Use Only <br />EMPG MOA 2018 6 of 13 <br />10. Taxes <br />Sub-recipient shall be considered to be an independent sub-recipient and as such shall be responsible for all taxes. <br /> <br />11. Warranty <br />As an independent sub-recipient, the Sub-recipient will hold the Recipient harmless for any liability and personal injury <br />that may occur from or in connection with the performance of this Agreement to the extent permitted by the North <br />Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person <br />any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than <br />the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive <br />benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party <br />may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall <br />not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall <br />be construed as a waiver of the sovereign immunity of the State of North Carolina. <br /> <br />12. Audit Requirements <br />For all DHS grant programs, Sub-recipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. <br /> <br />13. State Property <br />Sub-recipient shall be responsible for the custody and care of any property purchased with EMPG funds furnished for <br />use in connection with the performance of this Agreement and shall reimburse the Recipient for any loss or damage to <br />said property until the property is disposed of in accordance with EMPG Program requirements. Recipient will not be <br />held responsible for any property purchased under this MOU/MOA. Title to the property purchased with EMPG funds <br />shall be in the Sub-recipient unless noted in section 8 of the MOA. <br /> <br />14. Points of Contact <br />To provide consistent and effective communication between Sub-recipient and the Department of Public Safety, North <br />Carolina Emergency Management, each party shall appoint a Principal Representative(s) to serve as its central point of <br />contact responsible for coordinating and implementing this MOA. The Department of Public Safety, North Carolina <br />Emergency Management contact shall be, Assistant Director for Planning & Homeland Security, the NCEM Grants <br />Management Branch Staff, and the NCEM Field Branch Staff. The Sub-recipient point of contact shall be the EMPG <br />Program Manager or the person designated by the Sub-recipient. All confidential information of either party disclosed <br />to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential <br />and restricted in its use to only those uses contemplated by the terms of this MOA. Any information to be treated as <br />confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose <br />to third parties, the other party's confidential information without written authorization to do so from the other party. <br />Specifically excluded from such confidential treatment shall be information that: <br />A. As of the date of disclosure and/or delivery, is already known to the party receiving such information. <br />B. Is or becomes part of the public domain, through no fault of the receiving party. <br />C. Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in <br />confidence. <br />D. Is independently developed at the receiving party by someone not privy to the confidential information. <br />15. Public Records Access <br />While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act <br />(FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a <br />case-by-case basis by the FEMA FOIA Office. This agreement may be subject to the North Carolina Public Records <br />Act, Chapter 132 of the North Carolina General Statutes. <br /> <br />16. Subcontracting <br />If Sub-recipient subcontracts any or all purchases or services required under this Agreement, then Sub-recipient agrees <br />to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Sub-recipient <br />and any subcontractor agree to include in the subcontract that the subcontractor shall hold Recipient harmless against <br />all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Sub-recipient <br />subcontracts any or all purchases or services required under this MOA, a copy of the executed subcontract Agreement <br />DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F