Orange County NC Website
5~ <br />G. All original records pertinent to this MOA shall be retained by the County of Orange <br />three years following the date of termination of this MOA, with the following exception: <br />If any litigation, claim or audit is started before the expiration of the three year period <br />and extends beyond the three year period, the records will be maintained until all <br />litigation, claims or audit findings invoh~ing the records have been resolved. <br />VIO. FUNDING AND COMPENSATION <br />The Department of Crime Control and Public Safety, Division of Emergency Management will <br />reimburse the County of Orange for the actual costs incurred, not to exceed Fifty Thousand Six <br />Hundred and Ten Dollars ($50,610.00), to procure WMD preparedness equipment as described <br />in this MOA.Funds will be provided by the State of North Carolina, Department of Crime <br />Control and Public Safety, Division of Emergency Management, Budget Code 536-02. The <br />allocation of funds will be from the DOJ FY 2002 Statewide Domestic Preparedness Grant. All <br />terms and conditions of this Agreement are dependent upon and subject to the allocation of funds <br />from DOJ, OJP and the Department of Crime Control and Public Safety, Division of Emergency <br />Management for the purposes set forth and the MO.A, shat] automatically terminate if funds cease <br />to be available. Allowable costs shall be deter~rtined in accordamce with the Office of the <br />Assistant Attorney General, OJP regulations under the State Domestic Preparedness Program for <br />Federal fiscal year 2001 or 2002 and the U.S. Department of Justice, Office of Justice Programs, <br />Office of Domestic Preparedness, Fiscal Year 2001 or 2402 State Domesric Preparedness <br />Program, Program Guidelines and Application Kit available at <br />http://www.ojp.usdoj.gov/odp/docs/02odpkit.pdf. <br />IX. MODIFICATION OF THE AGREEMENT <br />Modification of this Agreement must be in writing and upon approval of both parties. <br />X. PROPERTY <br />All property fiirnished under this agreement shall become the property of the County of Orange. <br />The County of Orange shall be responsible for the custody and care of any property furnished for <br />use in connection with the performance of this agreement and shall reimburse the Divisiom of <br />Emergency Management for any loss or damage to said property to the extent permitted by the <br />North Carolina Tort Claims Act. <br />All confidential infomaation of either parry disclosed to the other party in connection with the <br />services provided hereunder will be treated by the receiving party as confidential and restricted <br />in its use to only those uses contemplated by the terms of this Agreement. Any information <br />which is to be treated as confidential must be clearly marked as confidential prior to transmittal <br />to the other party. Neither party shall disclose to third parties, the other party's con5derrtial <br />information without written authorization to do so from the other party. Specifically excluded <br />from such confidential treatment shall be information which: (i) as of the date of disclosure <br />and/or delivery, is already known to the party receiving such information; (ii) is or becomes part <br />of the public domain, through no fault of the receiving party; (iu~ is lawfully disclosed to the <br />receiving party by a third party who is not obligated to retain such information iat confidence; or <br />Page 3 of 6 <br />