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I <br />IV. BACKGROUND <br />The U.S. Department of Homeland Security and the Office of Domestic Preparedness has made <br />funds available through the FY 2005 Buffer Zone Protection Program Grants. <br />The Grantee and the Sub - grantee enter into an arrangement by which the Division of EM will <br />provide Federal reimbursement funding to the Sub - grantee for the purchase of equipment as agreed <br />upon in Annex A. <br />V. AUTHORITY <br />The parties enter into this MOA under the authority of the following: 1) Public Law 105 -277, the <br />Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations <br />Act, 1999 (Div. A, Sec. 101 (B) at 112 Stat. 2681 -50); 2) Department of Justice Appropriations Act, <br />1999 (Div. A, Sec. 101(B), Title I at 112 Stat. 2681 -50; 3) Public Law 107 -56, the U.S. Patriot Act <br />of 2001; 4) Public Law 107 -296, the Homeland Security Act of 2002; 5) Public Law 108 -11, the <br />Wartime Supplemental Appropriations Act of 2003; 6) FY 2003 Omnibus Appropriations Act; 7) <br />the implementing regulations of each Act or Law; 8) The U.S. Department of Homeland Security <br />Office of State and Local Government Coordination and Preparedness, Office of Domestic <br />Preparedness Fiscal Year 2005 State Homeland Security Grant Program Guidelines and Application <br />Kit available at <br />httT)://www.ojp,.usdoj.aov/gMide.linesinfo.htm ; 9) DHS FY 2005 -GR -T5 -0021 BZPP; 10) applicable <br />ODP Information Bulletins; and 11) The N.C. Emergency Management Act, Chapter 166A of the <br />North Carolina General Statutes. 12) The SUB - GRANTEE further agrees to comply with current <br />federal suspension and debarment regulations pursuant to OMB Circular A -133 which states in <br />pertinent part that [e]ffective November 26, 2003, when a non - federal entity enters into a covered <br />transaction with an entity at a lower tier, the non - federal entity must verify that the entity is not <br />suspended or debarred or otherwise excluded. SUB - GRANTEE shall be responsible to ensure that it <br />has checked the federal Excluded Parties List System (EPLS) to verify that contractors or <br />subrecipients have not been suspended or debarred from doing business with the federal government. <br />VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL <br />AND PUBLIC SAFETY, DIVISION OF EMERGENCY MANAGEMENT <br />The Grantee agrees to provide reimbursement to the Sub - grantee for the cost of equipment as <br />described in Annex A. <br />VII. DUTIES AND RESPONSIBILITIES OF THE SUB - GRANTEE <br />Sub - grantee agrees to: <br />A. Procure equipment as indicated in Annex A under the applicable USDHS, SLGCP, ODP <br />Program Guidelines and Application Kits incorporated by reference herein, of this MOA for the <br />enhancement of the BZPP. <br />Page 2 of 10 <br />