2011-326 ES - Dept. of Crime Control and Public Safety, NC Division of Emergency Management - MOA

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The Grantee and Sub-grantee enter into an arrangement by which the Grantee will provide Federal reimbursement funding to the Sub-grantee for the expenses related to the planning and conduct of the exercise activities as described in Attachment 1. V. AUTHORITY The parties enter into this MOA under the authority of the following: 1) Public Law 105-277, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (Div. A, Sec.101 (B) at 112 Stat. 2681-50); 2) Department of Justice Appropriations Act, 1999 (Div. A, Sec. 10l(B), Title I at 112 Stat. 2681-50; 3) Public Law 107- 56, the U.S. Patriot Act of 2001; 4) Public Law 107-296, the Homeland Security Act of 2002; 5) Public Law 108-11,the Wartime Supplemental Appropriations Act of 2003; 6)FY 2003 Omnibus Appropriations Act; 7) the implementing regulations of each Act or Law; 8) The U.S. Department of Homeland Security Fiscal Year 2007 State Homeland Security Grant Program Guidelines and Application Kit available at http://www.ojp.usdoj.gov/odp/grants_programs.htm; 9) DHS FY 2007-GE-T7-0048; 10) applicable DHS Information Bulletins; 11) The N.C. Emergency Management Act, Chapter 166A of the North Carolina General Statutes; and, 12) The Sub-grantee further agrees to comply with current federal suspension and debarment regulations pursuant to OMB Circular A-133 which states in pertinent part that "[e]ffective November 26, 2003, when a non-federal entity enters into a covered transaction with an entity at a lower tier, the non-federal entity must verify that the entity is not suspended or debarred or otherwise excluded. SUB-GRANTEE shall be responsible to ensure that it has checked the federal Excluded Parties List System (EPLS) to verify that contractors or subrecipients have not been suspended or debarred from doing business with the federal government." VI. DUTIES & RESPONSIBILITIES OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY,DIVISION OF EMERGENCY MANAGEMENT Grantee agrees to: A. Provide reimbursement to the Sub-grantee for the cost of exercise activities in accordance with the budget provided in the attached exercise proposal. B. Conduct review of the exercise proposal submitted by the Sub-grantee to maintain grant compliance. VII. DUTIES AND RESPONSIBILITIES OF THE SUB-GRANTEE Sub-grantee agrees to: A. Expend exercise funds under the applicable USDHS Program Guidelines and Application Kits incorporated by reference herein, of this MOA for the enhancement of all hazard preparedness. B. Utilize its departmental procurement procedures and policies for the purchase of supplies and other items necessary for the exercise activities and follow procurement procedures and policies outlined in the applicable federal regulations, and as outlined in the applicable USDHS Program Guidelines and Application Kits and the USDHS Financial Management Guide. Page 2 of 12