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DocuSign Envelope ID: 39782C33 -75B2- 4693- BCD3- 25948CA6E7E8 For Official Use Only U. HSGP Sub - Recipients certify that they have read and agree to abide by the Sub - Recipient instructions provided in the sub- receipeint instructions document provided by NCEM. 9. Funding: All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the DHS and NCEM for the purpose set forth and the MCA shall automatically terminate if funds cease to be available. A. All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from USDHS, FEMA and Recipient for the purposes set forth and the MCA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the applicable USDHS Program Guidelines, which include, but may not be limited to, the FY 2016 HSGP NOFOA, available at: www.fema.gov 2 CFR Parts 200 Sub -part F, 215, 220, 225, and 230, Federal Acquisition Regulations (FAR) Part 31.2, OMB Circulars A -21 and the USDHS Financial Management Guide available at www.dhs.gov. Allowable costs are also subject to the approval of the State Administrative Agent for the State of North Carolina, the Secretary of the Department of Public Safety, 10. Taxes: Sub - Recipient shall be considered to be an independent Sub- Recipient and as such shall be responsible for all taxes. 11. Warranty. As an independent sub- recipient, the Sub- Recipient will hold the Recipient harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. 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. This 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. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 12. Audit Requirements For all homeland security grant programs, Sub - Recipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. 13. State Property. Sub- Recipient shall be responsible for the custody and care of any property purchased with HSGP funds furnished for use in connection with the performance of this Agreement and shall reimburse the Recipient for any loss or damage to said property until the property is disposed of in accordance with HSGP Program requirements. Recipient will not be held responsible for any property purchased under this MOU /MOA. Title to the property purchased with HSGP funds shall be in the Sub - Recipient tunles noted in section 2 of the MOA. 14. Points of Contact To provide consistent and effective communication between Sub - Recipient 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. The Department of Public Safety, North Carolina Emergency Management contact shall be, Assistant Director for Planning & Homeland Security and the Homeland Security Grants Management Stag and NCEM Branch Staff. The Sub - Recipient point of contact shall be the HSGP Program Manager or the person designated by the Sub - Recipient . 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 6 Attachment number 1 \n F -4 Page 69