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`-~t <br />IV. BACKGROUND <br />The LI, 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, Sec101 (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; S) 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 Actor 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 />httP:/hvww.ojp.usdoi.aov/cuidelinesinfo.hnn ; 9) DHS FY 2005-GR-TS-0021 BZPP; 10) applicable <br />ODP Information Bulletins; and 11) The N.C. Emergency Management Act, Chapter 166A of the <br />North Carolina General Staurtes. 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 anon-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 verity that contractors or <br />subrecipients have not been suspended or debarred fom 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 />