2016-08-02-State Plan of Operation

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to conform changes affecting their operations . XVI. ANTI-DISCRItVIINATION A. By signing this sPa, or accepting excess DOD personal property under this sPa, the State pledges that it and each LEA af:,l1'ees to comply with applicable provisions ofthe following national policies prohibiting discrimination: 1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) as implemented by DOD regulations 32 CR Patt 195. 2) On the basis of age, in the Age Discrimination Act of 1975 (4.2 USC 6101, et seq) as implemented by Department of Health and Human Services reh'1.dations in 45 eFR Pent 90. 3) On the basis of handicap, in Section 504 ofthe Rehabilitation Act of 1973, P.L. 93- 112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 USC 794), as implemented by Department of Justice regulations in 28 CFR Part 41 and DOD regulations at 32 CFR Part 56. 8. These elements are considered the minimum essential ingredients for establishment of a saris factory business agreement between the State and the DOD. XVII. INDEMNIFICATION CLAUSE The Stale I LEA is required to maintain adequate insurance to cover damages or injuries to persons or property relating to the use of property issued under the LESO program. Self~insurance by the State / LEA is considered acceptable. The U.S. Govehlment assumes no liability for damages or injuries to any person(s) or property arising from the use of property issued under the LESO pro!,'J.·am. It is recognized that State and local law generally limit or preclude State Coordinators! LEAs ti'om agreeing to open-ended indemnity provisions. However, to the extent penuitted by State and local laws, the State f LEA shall indemnify and hold the U.S. Government hannleS$ from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney's fees arising out of, claimed on account of, or in any manner predicated upon loss ot: or damage to pl'Operty and injuries, illness or disabilities to, or death of any and aU persons whatsoever, including members of the general public, or to the property of any legal or political entity including state,S, local and interstate bodies, in any manner caused by or contributed to by the State f LEA, its agents, servants, employees, or any person subject to its control while the property is in the possession of, used by, or subject to the control of the State / LEA, its agents, servants, or employees atter the propelty has been removed from U.S. Government control. XVIII. TERMINATION A. This SPO may be tenninated by either party, provided the other party receives thirty (30) days' notice, in writing, or as otherwise stipulated by Public Law. B. The undersigned State Coordinator and CLEO hereby agree to 'comply with all provisions set forth herein and acknowledge that any violation of the terms and conditions ofthi3 SPO may be 13 Version IHay, 2016 l.