Orange County NC Website
Browse       Search
16 <br /> submit the matter to mediation. If both Parties agree to submit the matter to mediation, the <br /> following actions shall be taken: <br /> a. Each Party shall recommend a mediator certified by the N.C. Courts after first <br /> determining that the recommended mediator, and said mediator's firm, if any, have no <br /> conflict or prior knowledge of the matter to be resolved, and no prior work for or against <br /> either Party, <br /> b. The recommended mediators must have knowledge of the general subject matter of <br /> the FCC 911 laws, regulations and 911 practices, <br /> C. The recommended mediators must be able to execute and deliver a satisfactory <br /> confidentiality and non-disclosure agreement if information exempt from disclosure under <br /> N.C. Gen. Stat. §132-1, et seq. is relevant or material to the matter to be resolved, <br /> d. Recommended mediators and their respective contact and qualification information <br /> shall be exchanged within five (5) days to each party as provided in Section 28 below <br /> following the agreement to mediate, <br /> e. Unless the Parties mutually agree to select a particular mediator, the selection of a <br /> mediator shall be determined by the Mediator's earliest available date to initiate mediation. <br /> Any agreement to mediate shall require the Parties to appear and mediate the matter in <br /> good faith in accordance with the schedule and calendar established by the Mediator, and <br /> f. Provided, however, that this term shall not constitute an agreement by either Party <br /> to mediate or arbitrate any dispute; and that any agreement to mediate may be revoked or <br /> terminated without penalty therefor if so advised by the N.C. Attorney General. <br /> 24. Special Provisions and Conditions. <br /> a. The 911 Board may request from Grantee certain information that will assist 911 <br /> Board with evaluation of the short and long-range impact of its programs. Grantee <br /> recognizes that such requests may occur after termination of this Agreement and agrees,to <br /> the extent possible, to provide such information as requested. <br /> b. If the 911 Board finds that Grantee has used Grant Funds for an unauthorized <br /> purpose, or in a manner not agreed and approved as provided in this Agreement,the Board <br /> shall report such findings to the Attorney General, The Office of State Budget and <br /> Management,the Office of the State Auditor,the Local Government Commission, and the <br /> Office of the State Controller,as may be required by applicable law and regulations. Funds <br /> shall not be disbursed to Grantee if the Grantee fails to comply with any of the requirements <br /> of this Agreement, including reporting requirements. <br /> C. Nondiscrimination. Grantee agrees not to discriminate by reason of age, race, <br /> religion, color, sex, national origin, or handicap related to the activities of this Agreement. <br /> d. Conflict of Interest. Grantee certifies that to the best of its knowledge no employee <br /> or officer of Grantee has any pecuniary interest in the business of the 911 Board or of the <br /> Project, and that no person associated with Grantee has any interest that would conflict in <br /> any manner with the performance of the Agreement. <br /> e. Order of Precedence. To the extent of any conflict between this Agreement, <br /> including the Exhibits comprising Grantee's Grant Application and supporting documents <br /> Page 14 of 21 <br />