HomeMy WebLinkAboutdisaster.mitigation.grantFIRST READING ON DRAFT RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO
APPROVING PRE-DISASTER MITIGATION PLANNING GRANT
BETWEEN COLORADO OFFICE OF EMERGENCY MANAGEMENT
AND PITKIN COUNTY
AGENDA ITEM SUMMARY
MEETING DATE:
July 14, 2004
AGENDA ITEM SUMMARY:
Resolution Approving Pre-Disaster Mitigation
Planning Grant Between Colorado Office of
Emergency Management and Pitkin County.
FIRST READING
STAFF RESPONSIBLE
FOR ITEM:
Ellen Anderson
DESCRIPTION OF ISSUE:
1. Part of Pitkin County's ability to be prepared for any type of disaster is Pre-
Disaster Mitigation (PDM) plana/ng.
2. The Colorado Office of Emergency Management (COEM), through an agreement
with the Federal Emergency Management Agency (FEMA) wishes to help local
governments to this end by distributing PDM Program federal funds to qualified local
governments for PDM planning and projects, according to the guidelines based on the
Disaster Mitigation Act of 2000.
3. Pitkin County, wishing to take advantage oftlfis source of funding to help with
our local PDM planning, applied for and was granted up to $9,200.00 in FEMA funds.
The terms of the grant call for a 25% local match, which can be in-kind. The
performance period is April 19, 2004 through October 31, 2004.
4. The granted money would be used to hire a consultant to help with this PDM
planning process. After interviewing three prospective candidates, one highly-quahfied
group has been chosen and guarantees to complete the project by October 31, 2004 to
COEM's and FEMA's satisfaction.
5. With the completion of Pitkin County's PDM Plan, we will be eligible for federal
funding after any declared disaster in our county.
STAFF RECOMMENDATION: Staff recommends approval.
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY
APPROVING PRE-DISASTER MITIGATION PLANNING GRANT
BETWEEN COLORADO OFFICE OF EMERGENCY MANAGEMENT
AND PITKIN COUNTY
RESOLUTION NO. -2004
1. The Colorado Office of Emergency Management (COEM), through an
agreement with the Federal Emergency Management Agency (FEMA),
distributes Pre-Disaster Mitigation Program federal funds to qualified local
governments for pre-disaster mitigation planning and projects, according to the
guidelines based on the Disaster Mitigation Act of 2000.
2. Because the completion of a FEMA-approved Pre-Disaster Mitigation
(PDM) Plan is a pre-requisite for any future pre- or post-disaster mitigation funds,
Pitkin County wishesto complete a local Pre-Disaster Mitigation plan as soon as
possible.
3. Pitkin County applied for and was awarded a total of up to $9,200.00 from
the Colorado Office of Emergency Management (COEM), with a 25% local
match, to help in the production of Pitkin County's portion of a joint Pitkin/Eagle
Pre-Disaster Mitigation Plan. The local 25% match can be "in-kind".
4. The performance period for the grant is April 19, 2004 through October 31,
2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
that it does hereby approve the grant award from the Colorado Office of
Emergency Management (COEM) in reimbursable funds up to $9,200.00 for the
purpose of writing a Pre-Disaster Mitigation Plan for Pitkin County.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING on July 14,
2004.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY
on July 17, 2004.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING on ,2004.
PUBLISHED, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY on
,2004.
ATTEST:
BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
By:
Jeanette Jones
Deputy Clerk
Dorothea Farris
Chairman
Date:
County Attorney~-~ )
MANAGER APPROVAL:
i: ~' .,..::,: .
Hilary ~l~ch Smith
CountyManager
REC~MMEN,DED FOR-APPROVAL:
Ellen Anderson '
Emergency Management Coordinator
q
~L.06'200~ 15:39 3032731795 Colorado OEM #0020 P.001
STATE OF COLORADO
OFFICE OF EMERGENCY MANAGEI~IENT DEPARTHENT OF LOCAL AFFATR~ ~
Tommy F. GriST, 3r. - Director Division of Local Government
COEM Grant Award Letter
4EM72250
eJmAJ- &W&RD_XX._ aJcaJ~A~;E DECRIE~E C~GE
1. Contract Logging InqulryNumber CCLIN): 00886
2. Award and Encumbrance Number: 4EM72250
3. Accounting Line: PDM-03 CFDA #: 83.557 SB00/722/F32213722J5120 -- $9,200.00
4. Vendor Number: 846000794
ell1 Owens
Executive Director
5. Master Contract Number:. 2EMS0
6. Award Made t~: Pitkin County
· Award for; Pltkln County Emergency Management
530 E. Main St Srd Floor
Aspen, CO 81611
Responsible Administrator: Ms. Ellen Anderson, Emergency Manager
7. This Award Amount: $9,200.00 Total Awarded To Date: $9,20g.00 Amount Reauested: $6,2:00.00
N ute: Grs~t Award amount may he Increased or decreased by year-end reallocation of funds. Total reimbursement shall not e~cead t 00% of
the federal amount awarded.
Pre,Disaster Mitigation Projects
~.,
B. Performance Period: April 19, 2004. through October 31, 2004
9. Purpose: - The Colorado Office of Emergency Management (COEM), through an agreement with the Federal Emergency
Management Agency (FEMA) distributes Pre-Disaster Mitigation Program federal funds to qualified local governments far pre-
disaster mitigation ptanni~;J and projects.
10. ScoPe: - As approved by the Federal Emergency Management Agency and the Colorado Office o1 Emergency Management,
this grant award provides federal funds upon completion and approval of the products described in Attachment 1. Reimbursement
of up to the awarded federal share for the hazard assessment and/or the planning portion of the project will be reimbursed upon
submission of the hazard assessment and/or the completed plan accompanied by a request for the reimbursement and proper
documentation of the associated match funds. Such reimbursement will be made upon COEM review and approval of the
submitted assessment and the documentation of the non-federal cash or in-kind match expenditures. The product(s) must meet the
Page 1 of 2 Pages
150755outhGoldenRoed, Goldsn, ColoradoS0401'3979 (303) 273-1622 FAX (303) 273-1795 TDD (303) 273-1794
JUL.06'2004 15:39 3032731795
criteda outlined in Attachment I and may require FEMA review and approval in order to be eligible for reimbursement.
Reimbursement will be made on a fee for product basis in proportion to the amount of match documentation submitted, up to a
maximum of the amount awarded. Reimbursement will be reduced from the awarded amount if less match patticipation than listed
in the table above is documented. For example, if a hazard assessment is submitted and receives the necessary approvals, and
the total in-kind and cash match documentation submitted is $1,00D; reimbureemenl for the hazard assessment will be $3,000. Any
funds not expended for the purposes of this award will be deobilgated al t~e end of the performance pedod, or sooner should the
grantee notify the COEM in writing that the plan will not be completed or that all the funds were not needed to complete the project.
11. Grant Considerations: - A copy of the fiscal terms and conditions entered into by the State and lhe aforementioned government
jurisdiction is attached (Attachment A). All attachments hereto are incorporated by reference. All finat performance and/or financial
reports and deliverables for the funded expenses and the required match must be submitted no later than fody-five days after the
end of the performance period. All products, documentation, and requests for reimbursement should be submitted to the Colorado
Office of Emergency Management, Attn.: Marilyn Gaily, 15075 S. Golden Rd., Golden, CO 80401, (303) 273-1775. CRS 24-30-
202 requires that the State ControNer approve all state contracts. This contract ia not valid until the State Controller, or
such assistant as he may delegate, has signed it.
14. Anorovad: State Controller, Arthur L. Bamhart
13. Issued By: Colorado ~c~ of Emergency Management
Michael L.Beasley, Executive Director
R~se~arie Auten.d~ntroiler, Do~LA- - . ' '
Page 2 of 2 Pages
JUL.06'2004 15:39 3032731795 Colorado OEM #0020 P.003
Attachment I
Pre-Disaster Mitigation
Grant Program
Project Description
Robert C. Braudis, Sheriff
, , Pitkin CountySheriffs Office
March 31,2004
Mr. JetTBrislawn
OIS Analys~vlitigation Planne~
Colorado Office of Emergency Management
15075 South Golden Road
Gold,n, CO 80401
D,ar left.'
Enclosed please find Pitkin County's updated application for a Pre-disaster Hazard
Mitigation Grant.
Our intent is for me, as Pitkin County Emergency Management Coordinator, to hire and
supervise a consultant who will guarantee satisfactory completion and acceptance of the
plan by October 31, 2004. The plan will be closely dove-tailed with Basalt, Aspen, and
Eagle County.
We are requesting $9,200 in FEMA funds, with a :$3,066 match from Pitkin County. In
addition, Basalt has verbally agreed also to help with the expense.
Thank you for your consideration.
Sincere ',
Ellen Anderson
Emergency Management Coordinator
EWA:bhs
Enclosure
Administration:
Detention:
505 E. Main, Suite lO1
51S E. Bleeker, Dept. J
Aspen. CO 816;11
Aspen, CO 81611
970/92~5300
970/g2~5331_ .
Facsimile: 970/920-5307
Facsimile: 970/920:5339
JUL.06'2004 15:40 3032731795 Colorado OEM #0020 p. O05
5/14/2002
Colorado Office of Emergency Management
Predisaster Hazard Mitigation Grant Foliowup Application.
Instructions and background:
By completing this application the applicant agrees to coordinate the development of a local
hazar~lmitigaMonl~ta~according to the guidance based on the Disaster Mitigation Act of
2000. Local :jurisdictions must have approved plans by/Vovember L 2005to be eligible for
future pre or post disaster mitigation funding. To meet this deadline your application should
indicate submittal of the plan for State and FEMA review by Septernberl, 2005.
Grant implementation
The State of Colorado's goal is to have as many local mitigation plans in place by November 1.,
2003, as possible, interested jurisdictions with approved applications will receive a portion of
the original grant awarded from FEMA to the State, with the State managing the funds. The
Colorado Office of Emergency Management (COEM) estimates that $5,000 to $8,000 will be
available for each jurisdiction involved in the planning effort with the understanding that some
:jurisdictions may require amounts located on either side of this suggested range. Cost share
will be 75% federal/25% local. COEM will reimburse the applicant upon the submittal of an
approved plan. Funds will be available for regional, county, tribal, or municipal .plans. All
:jurisdictions involved are required to submit a letter of support from commissioners or other
elected officials. COEM will be hosting mitigation planning workshops across the state in 3uly
to kick off the process. Attendance will be mandatory for the workshops (see the training
calendar at http://www.dola.state.co.us/oem/Training/TRA~N!.HTM for more information).
COEH staff will also be available for technical assistance in planning, G[S, and natural hazards
management.
questions? Contact 3eft Brislawn ((303)-273-1790 or jeff. brisiawn@state.co.us) or Madlyn
Gally ((303)-273-1775 or madlyn.gally@state.co.us) at the Colorado Office of Emergency
Management Cartography/Mitigation Section.
Applications mu~t be returned by ]one 14, 200~ to:
Colorado Office of Emergency Hanagement
Attn: 3eft Brislawn
[5075 S. Golden Rd
Golden, CO 8040:[-3979
Fax 303-273-1795
Point of Contact information:
Name:
Title:
Address:
Ellen Anderson
Emergency Management Coordinator
Pibkin County Shedf-f's Office
506 East Main St. Suite 10L Aspen, Colorado CO 8:[611
Phone:
Fax:
E-mail:
(970) 920.5234 office
(970) 920-5307:
ellena @co,pitkin .co,us
(970) 618-1515 cell
JUL.06'2004 15:40 3032731795 Colorado OEM
Predisaster Hazard Mitigation Grant Folfowup Application
o['3
1. 3urisdiction(s) involved:
Pitkin County, including City of Aspen.
Page 2
2. Person responsible for coordinating the planning process:
Ellen Anderson, Emergency Management Coordinator
3. Scope of work and mitigation planning process description:
1. Define participants
2. Determine work schedule
3. Develop risk assessment, to include
a. Identify hazards
b. Profile hazard events
c. Assess vulnerability
d. Estimate potential loss
e, Analyze development trends
4. Develop mitigation strategies
5. Determine how plan will be maintained
6. Create resolution to be signed by County Commissioners showing accountability and
commitment.
4. Work schedule, including significant milestones:
In order to get this project done in a timely way, we plan to hire a consultant who will
guarantee the work completed and submitted by October 3:1, 2004 to the satisfaction of FEMA,
Have consultant on board/get communities together,
including the public/have kick-off meetings
Complete hazard analysis and risk assessment
Complete mitigation recommendations
Submit completed pre-disaster mitigation plan
May 30, 2004
August 15, 2004
September 15, 2004
October 31, 2004
JUL. 06'200~ 15:41 3032731795 Colorado OEM #0020 ?.007
Predisaster Hazard Mitigation Gr~nt Followup Application
of 3
5. Cost estimate and budget detail:
Costs:
Consultant: $11,000 for completion of project.
Other: $1,266
TOTAL: $12,266
Sources of funding:
FEMA: $9,200
Local match $3,066
TOTAL: $12,266
6. Match sources; ldenti~ source and value of non-Federal match and local partnerships:
Local match will come from Emergency Management budget, which is locally funded by
member agencies of Public Safety Council.
7. Attachments: Letter(s) from commissioners or other elected officials supporting the
planning effort.
See attached letter.
JUL.06'2004 15:41 3032731795 Colorado 0EM
ATTAINT A
1. Compensation and Method of Payment
A. General:
The State agrees to pay the Sub-Grantee, in consideration for the work and services to be performed,
an amount not to exceed the amount awarded to date. Payment will be made to the Sub-Grantee upon
receipt o£1egitimate invoices or cl,lms from the Sub-Grantee for vendor services or other ehgible
grant expenses. Such invoices will be summarized with the original supporting documents to be kept
on ~e by the Sub-Grantee. In specific cases where a Sub-Grantee may have a cash-flow problem,
verified by the State, the State may reimburse the Sub-Grantee based upon unpaid vendor invoices or
Purchase Orders (PO). in these cases, which are exceptions to normal practice, the Sub-Grantee shall
be responsfble for payment to the vendor upon receiving funds from the State, and for providing proof
of such payment to the State.
B. Advance of Funds:
Some federal grants such as those for Disaster Assistance and for the Chemical Stockpile Emergency
Prspareclness Program provide for an advance of funds. In such cases whe~ the federal grant program
allows for advances, it will the State's (COEM) decision as to whether specific Sub-Grantee's
situation warrants the use of an advance. In cases wh~ an advance of funds is authorized by the
State, the Sub-Grantee will be responsible for mainta~nin§ expenditure records, and reconciling such
expenditures with the advance of funds, based on a reporting schedule determined by the State. Funds
so advanced will be maintained in a non-interest bearing account by the Sub-Grantee until the time of
expenditure.
C. Year-end dcoblisa'don-reallocation of funds:
A potential e~sts that the total amount of the grant award maybe increased or decreased as a result of
a year-end de, obligation or reallocation of funds made by the State. Such action may occur after the
end of the performance period for the grant. Such au action would either deoblJgate funds not
expended by th~s or another Sub-Grantee and/or re. allocate funds to reimburse eligible program
expenses incurred by this or another Sub-Grantee during the performance period, for which
reimbursement has not been previously made. Such reallocation of funds shall not exceed the
percentage o£re/mbursement, identified in the Grant Award Letter, of total elis~ble expenses incurred
by the Sub-Grantee. Such actions will be made by Grant Award Letter Amendment, indicating the
amount of the year-end deobhgation or reallocation of funds made for the fiscal year, for each eligible
jurisdiction. This Amendment will be signed by both the Director of the Colorado Office of
Emergency Management, and the Department of Local Affairs' designee authorized to sign for the
State Controller. The Grant Award Letter Amendment will be a valid contract amendment, effective
retroactive to the contract performance period.
2. Current Award Period - This award shall be eff=ctlve fi.om the first date shown in the performance
period on the Grant Award Letter until ninety (90) days after the final date shown in such performance
period. For grants of an annual recurring nature the performance period routinely hms from October
1 of one year through September 30 of the next year. The federal appropriation process and in cases
of disaster declarations, the disaster declaration process is such that the actual funds for these
programs normally do not become available to the state until after the starting date of the performance
period. This results in grant award letters being issued by the state for a performance period which
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JUL.06'2004 15:41 3032731795 Colorado OEM #0020 P.009
may have started several months previously. The Sub-Grantee may have incurred eligible program
expenses during this petted and is, therefore, entitled to reimbursc~rnent for same under the terms and
conditions of the grant program.
3. Amendments - All additional award letters issued under the Initial Award will be considered
amendments on]y to the amounts or provisions in the Initial Award. All additional amounts awarded
subsequently under this Award will be subject to all of the t~u-m amd conditions attached to this
Award unless speeifically amended therein. The State may request changes in the scope of sm-vices or
any othe~ provision in the award letter. Such chan§es iu the scope of services or other provision shall
be in writing via the issuance of an amended award letter, and shall be incorporated h~rein as part of
this awa~l. Any z~visions to the scope of services or any other award p~ovision initiated by the
Contractor must be approved by the State and formalized through an amendment to the award leiter.
The Grant Award Letter amendment shall not be dec,ned valid until it shall have been approved by the
State Control]er or Ids designee.
4. Financial~- At all times from the effective date oft.his grant until completion of this
project, the Sub-Grantee shall maintsln properly segregated books of state funds, matching funds, and
other funds associated with this project, Sub-Grantee shall be responsible for accounting for and
reportiu§ on the reclui~d non-federal ma*ch for this grant, if one is required, either in hard or in-kind
match as provided for in applicable regulations. Records shall be maintained in accord_ ~ncc with
applicable local and state procedures and in accordamce with applicable OMB Circulars (A-$7-110).
5. R~onin~ - The Sub-Grantee sha]l meet all reporting r~uiremants in accordance with the then
curt-ant program policies and any subsequent forms and related program policies as required by the
Federal Funding Ageacy or the State Office of Emm'g~ncy Managament (CO]EM). Ail changes of
policies or forms for the COEM shall be t~ansmitted to Sub-Grantee in w-tiring.
6. Audit.
a) Discrefionary Audit. The State. through the Executive Director of the Department, the
State Auditor, or any of their duly authorized representatives and the federal government or any of its
duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and
any subcontractor's records, books, accounts and other relevant documents. For the purposes of
discretionary audit, the State specifically reserves the right to hire an independent Ce~fied Public
Accountant of the State's choosing. A discretionary audit may be requested at any time and for any
reason from the effective date of this Contract until five (5) years after the date of each grant's official
closeout, provided that the audit is performed during normal business hours.
b) ~. Whether or not the State or the federal government calls for a
discretionary audit as provided above, the Contractor shall include the Project in its annual audit
report as required by OMB Circular A-133, and/or the Colorado Local Government Audit Law, 29-I-
601, et seq, C.R.S., and State implementing rules and regulations. Such audit reports shall be
simultaneously submitted to the Depar[ment and the State Auditor or federal agency as applicable.
Thereafter, the Contractor shall supply the Department with copies of all correspondence from the
State Auditor or applicable federal agency related to the relevant audit report. If the audit reveals
evidence of non-compliance with applicable requirements, the Department reserves the right to
institute compliance or other appropriate proceedings notwithstanding any other judicial or
administrative actions filed pursuant to 29-1-607 or 29-1-608, C.R.S.
7. ]I, qDRPEND]~qT CONTRACTOR. 4 CCR 801-2 - THE CONTRACTOR SH3! J, PE,RFORM
ITS DUTIES HEREUNDER AS AN ]lqDEPENDENT CONTRACTOR AND NOT AS AN
F_~ViPLOYEB. iN'EITHER ~ COiNTF, ACTOR. NOR A1NY AGENT Ol1 E1VfPLOYEE OF ~
Page 2 of 4
JUL.06'2004 15:42 3032731795 Colorado OEM
CONTRACTOR SHALL BB OR SHALL BE DEEMED TO BE AN AGENT OR FJ~PLOYEE OF
TI-lB STATE. CONTRACTOR SI-L~I I. PAY WHeN DUE ALL REQLriR.ED EMPLOYMENT
TAXES AND INCOME TAX AND LOCAL I-lEAD TAX ON A/qY MONKS PAID BY THE
STATE PUKSU~ TO THISCONTRACT. CONTRACTOR ACKNOWLEDGES THAT TI-lB
CONTRACTOR AND iTS EMPLOYEES ARB NOT B/qTITLED TO UNENIPLO~
INSLrR~NCB BENEFITS UNLESS TI{B CONTRACTOR OR THIRD PARTY PROVIDES SUCH
COVERAGE AND TI{AT TPIE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH
COVERAGE. CONTRACTOR SHALL HAVE NO AUTHOR/ZATION, EXPRESS OR IM]PLIED,
TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT
AS BXPRES SLY SBT FORTH HEREIN. CONTRACTOR SHALL PROVIDE A_ND ICBBP IN
FORCE WORK.ERS'COMPENSATION (AND PROVIDE PROOF OF SUCH INSI/RANCB WI-IBN
R~BQUBSTED BY THE STATE) A_ND UNEMPLOY/VfBNT COMPENSATION INSI3KA_NCE IN
Ti~IB AMOI/NTS P,~QUIRBD BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR TIIE
ACTS OF THE CONTRACTOR,/TS EMPLOYEES AND AGEqqTS.
8. Contract T=imination. This Contract may be tcTminated as follows:
a) Terr~nation Due to Loss of Funding. The parties hereto expressly recognize that the Contractor'is
to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of
con~'acting for the services provided for herein, and therefore, the Contractor expressly understands
and agrees that all its fights, demands and claims to compensation arising under this Contract are
contingent upon receipt of such funds by the Sta~e. In the event that such funds or any part thereof are
not received by the State, the State may immediately terminate or amend this Contract To the extent
that the Contractor must expend funds other than those provided by the State under this Agreement or
must provide in-kind se~ices in performing the work agreed upon hereunder, the State agrees that
said expenclitures and in-kind services are subject to the availability and annual appropriation of funds
by the Contractor for said purpose.
b) Termination for Cause. If, through any cause, the Contractor shall fail to ful~ill i~ a tknely and
proper manner its obligations under this Contract, or if the Contractor shall violate any of the
covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of such termination and
specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. Iu that event, all finished or ~m~nfshed documents, data, studies, surveys, drawings,
maps, models, photographs, and reports or other material prepared by the Contractor under th~s
Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed on such documents and
other materials.
Notwithstanding the above, the Contractor shall not be reheved of hability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State
may withhold any payments to the Contractor for the purpose of offset until such time as the exact
amount of damages due the State f~om the Contractor is determined.
c) Tr,,~,,~uation for Convenience - The State may terminate the contract at any time the State desires.
The State shall effect such term~.ation by giving written notice of the teimination to the Contractor
and specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. In that eye,at all materials and documents as described above shall, at the option of the
State, become its property and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such materials and documents.
Page 3 of 4
JUL.06'2004 15:42 3032731795
Colorado OEM
%0020 P.Oll
9. Scw~'abiliW - To the ~xtent that this activity may be executed and performance of the obligations
of the parties may be accomplished vatbin the intent of the terms and condtbon% the '~c~ms of the
agreement are severable, and should any term or provision hereefbc declared invalid or become
inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or
provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any
other term nor as waiver of a subsequent breach of the same term.
~10. Assignment - Neither party, nor any subcontractor hereto, may assign its rights or duties
pe.r~n~$ tothis grant without the prior written consent of the other party.
11. Non-d~scrimination - The Sub-Grantee shall comply with all applicable state and federal laws,
rules, regulations, and executive orders of the Governor of Colorado involving non-discrimination on
the basis o£race, color, religion, national origin, age, handicap, or sex. Contractor may utiBze the
expertise of thc State Minority Business Office within the Office of the Governor, for assistance in
complying with the non-discrimination and affn-mative action requircunents of this D'ant and
applicable statutes.
and Conditions - Federal Law - Rules and ~
12. Comulianoc with Federal Agreement Terms into wi~h the federal
The Sub-Grantee shall comply with all terms and conditions the State has eni~r~d
govcrmnent as a part of the grant application process and as spelled out in the grant a~mem~nt
between the State of Colorado and the Federal Grantin~ Agency, and all applicable federal laws, rules,
and regulations related to this pro,am.. These include, but are not l~m~ted to, compliance with the
following:
· Americans with Disabilities Act including Title II~ Subtitle A/24, U.S.C. Sec. 12101 et seq and
implementing regulations.
· OMB Circular A87, A110, A122, and A133 as applicable
· 31 U.S.C. S1352 - Prohibition Ag~;,~.~t use of Federal Funds for Lobbying.
· Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder.
· Certification required by 49CFR Part 29, "Government Debarment and Suspension."
· Drag Free Workplace
· Title VI of the Civil Pdghis Act 42 U.S.C. Sec. 2000 d-1 et seq and its implementing re~.flation 44
C~F_.R.. part of et seq.
Page 4 of 4