Agenda - 1-6-14 Reg. Meeting - Laserfiche WebLink

Home Browse Search

047 Limitation of Liability shall not be construed as a waiver of sovereign immunity by either party. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto' Agreement is not made for the benefit of any third person or persons. No third party may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. VIII. PROPERTY. All property furnished under this agreement shall become the property of the Sub - grantee. The Sub - grantee shall be responsible for the custody and care of any property furnished for use in connection with the performance of this agreement. Grantee will not be held responsible for any equipment purchased by Sub - grantee. IX. COMMUNICATIONS AND POINTS OF CONTACT To provide consistent and effective communication between the Sub - grantee and the Department of Public Safety, North Carolina Emergency Management, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. Grantee contacts shall be Michael A. Sprayberry, Director; James Klopovic, State Exercise Officer. The sub - grantee signatory shall be, John Crumpton, County Manager, Lee County and the point of contact shall be Shane Seagroves, Emergency Management Coordinator, PO Box 1154, Sanford, NC 27331, 919- 718 -4670, Lee County. All confidential information of either party disclosed to the other 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 other 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 and /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) is independently developed at the receiving party by someone not privy to the confidential information. In accordance with the FY 2013 Homeland Security Grant Program (HSGP) Funding Opportunity Announcement (FOA), "FEMA recognizes that much of the information submitted in the course of applying for funding under 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. While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information, of this nature are made on a case -by -case basis by the FEMA FOIA Office. The Grantee and NC01 should be familiar with the regulations governing Sensitive Security Information (49 CFR Part 1520), as it may provide additional protection to certain classes of homeland security information." Page 6 of 9