INSERT CITY/COUNTY LETTERHEAD HERE
Hazard Mitigation Grant Program (HMGP)
Sub-Grantee Maintenance Agreement Certification
WHEREAS, the _____________________ [city/county] (herein after referred to as the Sub-grantee) and the Colorado Division of Homeland
Security & Emergency Management (DHSEM), (herein after referred to as the Grantee) desire to reduce or eliminate future natural hazard
damages in the best interest of the community, the State, and the federal government; and
WHEREAS, the FEMA Hazard Mitigation Grant Program (HMGP) provides funding to Territories, Indian Tribal governments, local
governments, and eligible private non-profits (PNPs) following a Presidential major disaster declaration. The cost-shared federal funding
assists projects that meet FEMA Benefit Cost Analysis (BCA) methodologies for mitigation projects. These projects reduce or eliminate the
long-term risk of natural hazard damage through a national competitive process; and
WHEREAS, the FEMA Hazard Mitigation Grant Program (HMGP) allows funds to be used to procure property, equipment, and allow for the
modification of property (herein after referred to as the Property) to assist in the Applicant’s statewide mitigation goals:
Goal 1 - Reduce the loss of life and personal injuries from natural hazard events,
Goal 2- Reduce damage to local government assets;
NOW, THEREFORE, the Grantee and the Sub-grantee agree to participate in the FEMA Hazard Mitigation Grant Program (HMGP) funded
by the U. S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) based upon the Hazard Mitigation
Assistance Unified Guidance (2013), and:
1. The Sub-grantee agrees to install (if applicable) and maintain the Property as in functional working order and/or as specified in the HMA
Guidance, at their own expense as specified in the project scope for the duration of the BCA or manufacture’s guidelines useful life;
2. The Sub-grantee agrees the routine maintenance requirements will be sufficiently identified, and the sub-grantee or another authorized
entity has accepted the maintenance responsibility. This shall include, but not be limited to, as maintaining generators or other purchased
equipment/systems as specified by the manufactures specifications, keeping vacant land clear of debris, garbage, and vermin; keeping stream
channels, culverts, and storm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody growth;
3. The Sub-grantee agrees it is required to undertake periodic inspections of the Property to ensure that compliance is being maintained;
4. The Sub-grantee discovers that if the Property is out of compliance (or is informed of same at any time), the Sub-grantee shall notify the
Grantee of the violation and indicate what steps are being taken to remedy the situation;
5. The Sub-grantee will then have 60-days to bring the Property back into compliance. If compliance cannot be achieved within the 60-day
timeframe, the Grantee will notify the FEMA Regional Administrator of the violation and must also outline how the matter will be resolved;
6. The Sub-grantee, agrees if enforcement action is needed, the FEMA Regional Administrator may direct that future FEMA grant funds be
withheld pending corrective action; that the sub-grantee reimburse FEMA and the Grantee prorated portion of the expended project funds
equal to all of the costs necessary to cure the violated property; and/or require the transfer of Title to another eligible entity;
7. The Sub-grantee agrees if none of these actions brings the Property back into compliance, the FEMA Regional Administrator may refer the
matter to the Office of Chief Counsel for criminal and civil prosecutions in a court of competent jurisdiction (44 CFR §80.19).
_____________________________________________ Date: _____________________
Signature of Sub-Grantee (or Authorized Agent)
_______________________________________________________
Sub-Applicant (Type Name and Title)
7/2014 DHSEM
Maintenance Agreement