|
ineligible,or voluntarily excluded from covered transactions by any federal department or
<br /> agency. The CDNR/DMG agrees to comply with all applicable regulations pursuant to
<br /> Executive Order 12549, including,Debarment and Suspension and Participants'
<br /> Responsibilities,29 C.F.R. 98.510(1990).
<br /> 3. the CDNR'DMG is in compliance with all applicable regulations pursuant to Section 319
<br /> of Public Law 101-121, Guidance for New Restrictions on Lobbying, including,
<br /> Certification and Disclosure,29 C.F.R.93.110(1990).
<br /> F. Unless otherwise provided for in this Interagency Contract, "Local Match", if applicable,shall be
<br /> included on all billing statements, in the column provided therefor,as required by the funding-
<br /> source.
<br /> G. If applicable,the CDNR/DMG shall not use federal funds to satisfy federal cost sharing and
<br /> matching requirements unless approved in writing by the appropriate federal agency.
<br /> H. In accordance with Office of Management and Budget(OMB)Circular A-133 (Audits of State,
<br /> Local Governments,and Non-Profit Organizations), if the CDNR/DMG receives federal funds
<br /> from any source, including State pass through money,in an aggregate amount in excess of
<br /> S300,000.00(June 24, 1997), in a State fiscal year(July 1 through June 30),then the CDNR/DMG
<br /> shall have an annual audit performed by an independent certified public accountant which meets
<br /> the requirements of OMB Circular A-133. If the CDNR/DMG is required to submit an annual
<br /> indirect cost proposal to the CDPHE for review and approval,then the CDNR/DMG's auditor shall
<br /> audit the proposal in accordance with the requirements of OMB Circulars A-21 (Cost Principles
<br /> for Educational Institutions),A-87(Cost Principles for State,Local and Tribal Governments),or
<br /> A-122(Cost Principles for Non-Profit Organizations),whichever is applicable. The CDNR/DMG
<br /> shall furnish one(1)copy of the audit report(s)to the CDPHE's Accounting Office within thirty
<br /> (30)calendar days of issuance;but in no event later than nine(9)months after the end of the
<br /> CDNR/DMG's fiscal year. If(an)instance(s)of noncompliance with federal laws and regulations
<br /> occurs,then the CDNR/DMG shall take all appropriate corrective action(s)within six(6)months
<br /> of the issuance of(a)report(s).
<br /> I. Unless otherwise provided for in this Interagency Contract,for all Interagency Contracts with
<br /> terms longer than three(3)months,the CDNR/DMG shall submit a written progress report, if
<br /> required by this Interagency Contract,specifying the progress made for each activity identified in
<br /> this Interagency Contract. These progress reports shall be in accordance with the procedures
<br /> developed and prescribed by the CDPHE. The preparation of progress reports in a timely manner
<br /> is the responsibility of the CDNR/DMG. If the CDNR/DMG fails to comply with this provision,
<br /> then such failure: may result in a delay of payment of funds;or,termination of this Interagency
<br /> Contract. Progress reports shall be submitted to the CDPHE no later than the end of each calendar
<br /> quarter, or at such other time as may otherwise be specified.
<br /> J. If the CDNR/DMG obtains access to any records,files,or information of the CDPHE in
<br /> connection with, or during the performance of,this Interagency Contract,then the CDNR/DMG
<br /> shall keep all such records,files,or information confidential and shall comply with all laws and
<br /> regulations concerning the confidentiality of all such records,files,or information to the same
<br /> extent as such laws and regulations apply to the CDPHE. Any breach of confidentiality by the
<br /> CDNR/DMG or third party agents of the CDNR/DMG shall constitute good cause for the CDPHE
<br /> to cancel this Interagency Contract,without liability to the CDPHE. Any CDPHE waiver of an
<br /> alleged breach of confidentiality by the CDNR/DMG,or thud party agents of the CDNR/DMG,
<br /> does not constitute a waiver of any subsequent breach by the CDNR/DMG,or third party agents of
<br /> the CDNR/DMG.
<br /> Page 8 of 10
<br />
|