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AWARD AGREEMENT - PATROL RIFLE SHIELDS State of Florida Florida Department of Law Enforcement Bureau of Criminal Justice Grants(CJG) 2331 Phillips Road Tallahassee, FL 32308 AWARD AGREEMENT Recipient: City of Clearwater Recipient SAM UEI: SG2DQRMWJYL6 Award Number: JG139 Award Period: 07/01/2025—06/30/2026 Award Title: C-JG139: Patrol Rifle Shields Federal Funds: $66,429.40 Matching Funds: $0.00 Total Funds:$66,429.40 CFDA: 16.738 Federal Award Number: 15PBJA-24-GG-04224-MUMU Federal Program: Edward Byrne Memorial Justice Assistance Grant(JAG) Federal Awarding Agency: U.S. Department of Justice(USDOJ) Pass-through Entity: Florida Department of Law Enforcement(FDLE) Research & Development: No Indirect Cost: No An award agreement is entered into by and between the Florida Department of Law Enforcement (herein referred to as"FDLE"or"Department') and the City of Clearwater(herein referred to as"Recipient"); WHEREAS,the Department has the authority pursuant to Florida law and does hereby agree to provide federal financial assistance to the Recipient in accordance with the terms and conditions set forth in the award agreement, and WHEREAS, the Department has available funds resulting from the federal award listed above, and WHEREAS, the Recipient and the Department have each affirmed they have read and understood the agreement in its entirety and the Recipient has provided an executed agreement to the Department. SCHEDULE OF APPENDICES Appendix A—Scope of Work Appendix B—Deliverables Appendix C—Approved Budget Appendix D—Award Contacts Appendix E—Special Conditions Appendix F—Standard Conditions PERFORMANCE REPORTING The Recipient shall provide Quarterly Performance Reports to the Department attesting to the progress towards deliverables. Performance Reports are due no later than 15 days after the end of each reporting period. For example: If the monthly reporting period is July 1-31, the Performance Report is due August 15tH; if the quarterly reporting period is January 1 —March 31, the Performance Report is due by April 15tH The Recipient shall respond to the metrics in the electronic grant management system. Information provided by the Recipient will be used by the Department to compile reports on project progress and metrics to the U.S. Department of Justice. Supporting documentation for performance must be maintained by Recipient and made available upon request for monitoring purposes. Examples of supporting documentation include but are not limited to timesheets, activity reports, meeting notices, delivery documents, public announcements, rosters, presentations, database statistics, etc. Failure to submit performance reports by the deadline will result in a withholding of funds until performance reports are received. FINANCIAL REPORTING The State of Florida's performance and obligation to pay under this agreement is contingent upon an appropriation by the Legislature. The Department will administer and disburse funds under this agreement in accordance with ss. 215.97, 215.971, 215.981 and 215.985, F.S. This is a cost reimbursement agreement. The Department will reimburse the Recipient for allowable expenditures included in the approved budget (Appendix C) incurred during each reporting period. The Recipient shall provide Quarterly Payment Requests to the Department attesting to expenditures made during the reporting period. These reports are due no later than 30 days after the end of each reporting period. For example: If the monthly reporting period is July 1-31, the Payment Request is due August 30th; if the quarterly reporting period is January 1 —March 31, the Payment Request is due by April 30th. Using the electronic grant management system to record expenses, Payment Requests must clearly identify the dates of services, a description of the specific contract deliverables provided during the reporting period, the quantity provided, and the payment amount.All Payment Requests are reviewed and may be audited to the satisfaction of the Department.The Department's determination of acceptable expenditures shall be conclusive. The final Payment Request shall be submitted to the Department no more than 60 days after the end date of the award.Any payment due under the terms of this agreement may be withheld until performance of services, all reports due are received, and necessary adjustments have been approved by the Department. The Recipient must maintain original supporting documentation for all funds expended and received under this agreement in sufficient detail for proper pre- and post-audit and to verify work performed was in accordance with the deliverable(s). Payment shall be contingent upon the Department's grant manager receiving and accepting the invoice and the associated supporting documentation. Supporting documentation includes, but is not limited to: quotes, procurement documents, purchase orders, original receipts, invoices, canceled checks or EFT records, bank statements, etc. The state's Chief Financial Officer (CFO) reserves the right to require further documentation on an as needed basis. Failure to comply with these provisions shall result in forfeiture of reimbursement. Page 2 of 32 i Award Signatures In witness whereof, the parties affirm they each have read and agree to the conditions set forth in Appendix E and Appendix F of this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Modifications to this page, including strikeovers, whiteout, etc.are not permitted. Award ID: JG139 Award Title: C-JG139: Patrol Rifle Shields Award Period: 07/01/2025—06/30/2026 Florida Department of Law Enforcement Bureau o ,.Criminal Justice Grants Signature: t` r Date :Z f Typed Name and Title:""'Cody enacof, Bureau Chief_ Recipient City of Clearwater The award is not valid until signed and dated by all required parties including either the Chief Official or Designee below. Any Designee signatures must be accompanied by documentation granting the authority to execute this agreement. By signing below, I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343, and Title 31, Sections 3729-3730 and 3801-3812. Recipient Chief Official I Signature: Date;_ Typed Name and Title: Jennifer Poirrier, City Manager Recipient Chief Official Designee Signature: Date: Printed Name and Title: Additional Recipient Signatures(optional) If your local rocess requires additional -. tures(i.e., legal, clerk,etc.) use the spaces below. . r Signature: i .. rL.� _..,.. _.M. Date: "r A3/ Printed Name and Title: i Signature: w Date: Printed Name and Title: ..... ...._..__ Page 3 of 32 Appendix A-Scope of Work Award Number: JG139 Recipient: City of Clearwater Award Title: C-JG139: Patrol Rifle Shields Award Period: 07/01/2025-06/30/2026 Problem Identification The City of Clearwater has become concerned about the growing prevalence of high-powered rifles used by criminals as it presents an increasingly serious threat to the city's police officers and the public. Rifle rated ballistic shields are essential to providing officers with a higher level of protection when encountering those type of critical incidents. The police department is currently utilizing limited protective equipment such as soft body armor and ballistic shields that are only rated for protection from small caliber handgun rounds. The soft body armor and ballistic shields are not sufficient against critical incidents involving the use of high-powered rifles. This creates vulnerability during critical incidents when violent criminals use rifles.They have also provided tactical training and active assailant response training, in coordination with surrounding jurisdictions, to all law enforcement officers. However,they are operating with a shortage of rifle rated shields, which limits the optimal protection of officers responding to high-threat situations. An assessment of the current inventory has identified equipment shortfalls, and, as a result, the department has prioritized high-risk units for the deployment of shields. The acquisition of rifle shields is a priority because it directly supports the police department's mission to safeguard the community and ensure personnel are properly equipped to respond to critical incidents involving rifles. However, the current general fund budget does not have sufficient funds to support this endeavor. Scone of Work The City of Clearwater will use grant funds to purchase rifle rated ballistic shields. This will enable the police department to respond to critical incidents with superior protection against high-velocity threats, allow officers to move under fire with improved survivability and maneuverability, provide team protection during entry and movement, and can function as a psychological deterrent to attackers.They also seal gaps in body armor, and provide a crucial barrier against bullets, shrapnel, and blunt-force trauma, offering comprehensive defense when traditional cover is unavailable. Page 4 of 32 Appendix B- Deliverables Award Number: JG139 Recipient: City of Clearwater Award Title: C-JG139: Patrol Rifle Shields Award Period: 07/01/2025-06/30/2026 Total payments for all deliverables will not exceed the maximum grant award amount. Deliverable 1 Recipient will use federal grant funds to procure ballistic shields. Minimum Performance Criteria: Performance will be the procurement and receipt of goods/services purchased. Financial Consequences: This is a cost reimbursement deliverable. Only those items purchased and received will be eligible for payment. Deliverable Price: Total payments for this deliverable will be approximately$66,429.40 Page 5 of 32 Appendix C-Approved Budget Award Number: JG139 Recipient: City of Clearwater Award Title: C-JG139: Patrol Rifle Shields Award Period: 07/01/2025-06/30/2026 Award Amount: $66,429.40 $0.00 $66,429.40 Grant Funded Match Total Standard Budget Terms All items, quantities, and/or prices below are estimates based on the information available at the time of application. The item(s)listed below may include additional individually priced, operationally necessary accessories, components, and/or peripherals and may be categorized as a "kit", "bundle", "system"etc. Award funds may be used to pay for any applicable shipping, freight, and/or installation costs. Award funds will NOT be used to pay for extended warranties, service agreements, contracts, etc., covering any periods that extend beyond the award end date. Funds may be prorated for services within the award period. Any costs that exceed the award allocation will be the responsibility of the Recipient. D. Equipment Item Name Description Grant Funded Match Total Rifle Shields 12 RIFLE SHIELDS @$5,324.67 EACH= $66,429.40 $0.00 $66,429.40 $63,896.04 1 RIFLE SHIELD @$3,636.36 EACH = $3,636.36 Total Cost: $67,532.40 D. Equipment Subtotal: $66,429.40 Page 6 of 32 Appendix D: Award Contacts Award Number: JG 139 Recipient: City of Clearwater Award Title: C-JG139: Patrol Rifle Shields Award Period: 07/01/2025-06/30/2026 Recipient Grant Manager(GM) Name:Brian Solka Title:Administrative Support Division Manager Address:645 Pierce Street Clearwater, FL 33756-5400 Phone:727444-7207 Email:brian.solka@myclearwater.com Recipient Chief Official (CO) Name:Jennifer Poirrier Title:City Manager Address:600 Cleveland St Clearwater, FL 33755-4100 Phone:727-444-7171 Email:jennifer.poirrier@myclearwater.com Recipient Chief Financial Officer(CFO) Name:Brian J Ravins Title:Finance Director Address:100 S Myrtle Ave Clearwater, FL Phone:727-444-8501 Email:jay.ravins@myclearwater.com Page 7 of 32 Appendix E: Special Conditions Award Number: JG139 Recipient: City of Clearwater Award Title: C-JG139: Patrol Rifle Shields Award Period: 07/01/2025-06/30/2026 In addition to the attached standard conditions, the above-referenced grant project is subject to the special conditions set forth below. S0001 At the time of application review, it was noted the Recipient's SAM.gov registration will expire on March 5, 2026. In order to prevent delays in payment, the Recipient should renew their registration in SAM.gov prior to the expiration date. S0105 At the time of application, the Recipient indicated items under their OCO threshold would be inventoried. Recipients who purchase equipment with federal funds are required to maintain a Capital Asset/Equipment Inventory as per§2 CFR 200.313(d)(1). S0110 At the time of application, the Recipient indicated that they do not have written procedures to report and investigate all grant funded property loss, theft, or damaged. Documentation of compliance with this requirement must be in accordance with the standards identified in OMB's Uniform Requirements and must be maintained and provided to the Office of Criminal Justice Grants at monitoring. S0048 The Recipient's internal controls do not appear to comply with the requirements outlined in the DOJ Grants Financial Guide and the Office of Management and Budget (OMB), Uniform Grant Requirements, 2 C.F.R. 200, specifically related to providing written notice to employees regarding whistleblower protections. Documentation of compliance with these requirements must be in accordance with the standards identified in OMB's Uniform Requirements and the DOJ Grants Financial Guide and must be maintained and provided to the Office of Criminal Justice Grants at monitoring. S0049 At the time of application, the Recipient indicated they do not have written procedures governing their inventory process. The management of equipment acquired in whole or in part using grant funds must comply with the requirements identified in the Office of Management and Budget(OMB) Uniform Requirements, 2 C.F.R. 200.313(d). Documentation of compliance with these requirements must be in accordance with the standards identified in OMB's Uniform Requirements and must be maintained and provided to the Office of Criminal Justice Grants at monitoring. S0058 At the time of application, the Recipient indicated their organization is required to create and maintain an EEO Plan. The Recipient must submit their Utilization Report provide a copy to the Office of Criminal Justice Grants at monitoring. S0088 A risk assessment completed at the time of application review determined this project is LOW-RISK. As a result, backup documentation related to all grant-funded expenditures must be maintained and made available to OCJG upon request. Documentation may include, but is not limited to: procurement records(including quotes, competitive solicitations/bids, etc.), purchase orders, packing slips, delivery/receivable documents, invoices, proof of payment, timesheets, paystubs, activity logs, client activity logs, participant sign in sheets, billing documentation, travel vouchers etc. Page 8 of 32 Appendix F—FY2024 Award Standard Conditions The Florida Department of Law Enforcement (FDLE) serves as the State Administering Agency (SAA) for various federal award programs awarded through the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP). FDLE has been assigned as the certified Fiscal Agent for the Project Safe Neighborhoods awards by the U.S. Attorney. FDLE awards funds to eligible applicants, and requires compliance with the agreement and Standard Conditions upon signed acceptance of the award. The Department will only reimburse recipients for authorized activities specified in the agreement. Failure to comply with provisions of this agreement,or failure to perform award activities as specified,will result in required corrective action including but not limited to financial consequences, project costs being disallowed,withholding of federal funds and/or termination of the project. GENERAL REQUIREMENTS All recipients must comply with the financial and administrative requirements set forth in the following: Current edition of the U.S. Department of Justice(DOJ)Grants Financial Guide httos://www.oira.aov/doi-financial-cuide-2022 Office of Management and Budget(OMB) Uniform Grant Guidance (2 C.F.R. Part 200) SubpartA, Definitions Subparts B-D,Administrative Requirements Subpart E, Cost Principles Subpart F,Audit Requirements and all applicable Appendices Code of Federal Regulations: https://www.ecfr.gov/ 2 C.F.R. § 175.105(b),Award Term for Trafficking in Persons 28 C.F.R. §38, Equal Treatment for Faith-Based Organizations 28 C.F.R. §83, Government-Wide Requirements for Drug-Free Workplace 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63 U.S. Code: Title 34, U.S. Code, Crime Control and Law Enforcement Title 41, U.S. Code§4712, Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information Title 34, U.S. Code, § 10101 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: https://fiiles.floridados.00v/media/706717/osl-sl-lune-2023. df and hhttps-.//files.floridados.gov/media/706718/gs2-iune 2023. df State of Florida Statutes: Section 112.061, Fla. Stat., Per diem/travel expenses of public officers, employees, authorized persons Chapter 119, Fla. Stat., Public Records Section 215.34(2), Fla. Stat., State funds; non-collectible items; procedure Section 215.97, Fla. Stat. Florida Single Audit Act Section 215.971, Fla. Stat.,Agreements funded with federal or state assistance Section 215.985, Fla. Stat., Transparency in government spending Section 216.181(6), Fla. Stat., Approved budgets for operations and fixed capital outlay DEFINITIONS Award agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity that, consistent with 31 U.S.C. 6302, 6304, is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non-Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal awarding agency or Page 9 of 32 pass-through entity's direct benefit or use;and is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass-through entity and the non- Federal entity in carrying out the activity contemplated by the Federal award. Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or$5,000. See also the definitions of capital assets, computing devices, general purpose equipment, information technology systems, special purpose equipment, and supplies in 2 C.F.R. §200.1. Fiscal Agent refers to the agency responsible for the administration of the Project Safe Neighborhoods(PSN) award programs. FDLE has been assigned as the certified Fiscal Agent for PSN awards. Improper payment means any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. Improper payment also includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received(except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient documentation prevents a reviewer from discerning whether a payment was proper. Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold. The non-Federal entity uses such procedures in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. The micro-purchase threshold is set by the Federal Acquisition Regulation in 48 CFR Subpart 2.1 (Definitions). It is$10,000 except as otherwise discussed in Subpart 2.1 of that regulation, but this threshold is periodically adjusted for inflation. Modified Total Direct Cost(MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies,services,travel,and up to the first$25,000 of each award(regardless of the period of performance of the awards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each award in excess of$25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. Non-Federal entity is a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Non-federal pass-through entity is a non-Federal entity that provides an award to a recipient to carry out part of a Federal program; the Florida Department of Law Enforcement (FDLE) is the non-federal pass-through entity for this agreement, also referred to as the State Administering Agency (SAA). Performance goal means a target level of performance expressed as a tangible, measurable objective,against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances (e.g., discretionary research awards), this may be limited to the requirement to submit technical performance reports (to be evaluated in accordance with agency policy). Period of performance means the time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award. The Federal awarding agency or pass-through entity must include start and end dates of the period of performance in the Federal award (see §§ 200.211 Information contained in a Federal award paragraph (b)(5)and 200.332 Requirements for pass-through entities, paragraph (a)(1)(iv)). Page 10 of 32 Protected Personally Identifiable Information (1311) means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to social security numbers; passport numbers; credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's maiden name; criminal, medical, and financial records; and educational transcripts. This does not include PH that is required by law to be disclosed. (See also § 200.79 Personally Identifiable Information (P 11)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 1) that resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; 2)where the costs, at the time of the audit, are not supported by adequate documentation; or 3)where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions)and in accordance with 41 U.S.C. § 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation.(Also see definition of Micro-purchase,2 C.F.R. §200.67). Subaward is an award provided by a pass-through entity to a recipient for the recipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual who is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Recipient means a non-Federal entity that receives an award from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. Supplies means all tangible personal property other than those described in§200.33 Equipment.A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non- Federal entity for financial statement purposes or$5,000, regardless of the length of its useful life. See also§§ 200.20 Computing devices and 200.33 Equipment. For PSN:Task Forces are established by each USAO to collaborate with a PSN team of federal, state, local, and tribal (where applicable) law enforcement and other community members to implement a strategic plan for investigating, prosecuting, and preventing violent crime. SECTION I: TERMS AND CONDITIONS 1.0 Payment Contingent on Appropriation and Available Funds -The State of Florida's obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal funds. 2.0 Commencement of Project- If a project is not operational within (60) days of the original start date of the award period or the date of award activation (whichever is later), the recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within (90) days of the original start date of the award period or the date of award activation (whichever is later), the recipient must submit a second statement to the Department explaining the implementation delay. Upon receipt of the ninety(90)day letter,the Department shall determine if the reason for delay isjustified or shall, at its discretion, unilaterally terminate this agreement and re-obligate award funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety(90)day period,but only by formal written adjustment to this agreement. Page 11 of 32 3.0 Supplanting - The recipient agrees that funds received under this award will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for award activities. 4.0 Non-Procurement, Debarment and Suspension-The recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines to Agencies On Governmentwide Debarment And Suspension (Non-procurement)". These procedures require the recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the award is $100,000 or more, the sub recipient and implementing agency certify that they and their principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; 2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)with commission of any of the offenses enumerated in paragraph (a)(ii)of the "Lobbying, Debarment and Drug Free Workplace" certification; and 4) Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local)terminated for cause or default. 5.0 Federal Restrictions on Lobbying - In general, as a matter of federal law, federal funds may not be used by any recipient or subrecipient at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. § 1913. Another federal law generally prohibits federal funds from being used by any recipient or subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress, or Congress (or an official or employee of any of them)with respect to the awarding of a federal award or cooperative agreement, subaward, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. § 1352. 6.0 State Restrictions on Lobbying-In addition to the provisions contained above,the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 7.0 Additional Restrictions on Lobbying - The recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government,without the express prior written approval of the Office of Justice Programs. 8.0 "Pay—to—Stay" - Funds from this award may not be used to operate a"pay-to-stay"program in any local jail. Furthermore, no funds may be given to local jails that operate"pay-to-stay"programs."Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. Page 12 of 32 9.0 The Coastal Barrier Resources Act - The recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act(P.L. No. 97-348)dated October 18, 1982(16 USC 3501 et seq.)which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 10.0 Background Check-Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Section 435, Florida Statutes shall apply. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. Such background investigations shall be conducted at the expense of the employing agency or employee. 11.0 Confidentiality of Data -The recipient (or subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. § 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information.The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate in accordance with the requirements of 28 C.F.R.Part 22 and, in particular,28 C.F.R. 22.23. Privacy Certification forms must be signed by the recipient chief official or an individual with formal, written signature authority for the chief official. 12.0 Conferences and Inspection of Work - Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 13.0 Insurance for Real Property and Equipment-The recipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. 14.0 Flood Disaster Protection Act-The subrecipient will comply with Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 15.0 General Appropriations Restrictions-The recipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes as set forth in the Consolidated Appropriations Act. 16.0 Immigration and Nationality Act- No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324(a),Section 274(A)of the Immigration and Nationality Act("INA").The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274(A) of the INA. Such violation by the recipient of the employment provisions contained in Section 274(A)of the INA shall be grounds for unilateral cancellation of this contract by the Department. 17.0 For NCHIP&NARIP: Enhancement of Security-If funds are used for enhancing security,the recipient must: 1) Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. 2) Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment in its Final Program Report. .._ _ ........... ................................�__ _. .... Page 13 of 32 18.0 Personally Identifiable Information Breaches - The recipient (or subrecipient at any tier) must have written procedures in place to respond in the event of actual or imminent"breach" (OMB M-17-12)if it: 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"personally identifiable information (PII)"within the scope of an OJP award-funded program or activity, or 2) uses or operates a "federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to FDLE for subsequent reporting to the OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 19.0 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards-Consistent with Executive Order 14074, "Advancing Effective,Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment,and are incorporated by reference here. 20.0 Exceptions regarding Prohibited and Controlled Equipment under OJP awards - Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds-prohibited and controlled equipment under OJP awards,"the requirements for the"Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs"and the requirements for the"Transfer/Sale of Award-Funded Controlled Equipment to NON- LEAs"do not apply to this award. SECTION II: CIVIL RIGHTS REQUIREMENTS 1.0 Participant Notification of Non-discrimination - FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability or age in the delivery of services, benefits or in employment. 2.0 Title VI of the Civil Rights Act of 1964-The recipient, or subrecipient at any tier, must comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d, and the DOJ implementing regulations, 28 C.F.R. pt. 42, subpts. C& D,which prohibits discrimination in federally assisted programs based on race, color, and national origin in the delivery of services. 3.0 Equal Employment Opportunity Program (EEOP) — The recipient and/or implementing agency must comply with all applicable requirements in 28 C.F.R. § 42, Subpart E, including preparing a Verification Form within 120 days from the initial award date and annually thereafter, and preparing an EEO Plan if required. Recipients are required to use the Office for Civil Rights EEO Reporting Tool to satisfy this condition (https:Hoii).gov/abouttocr/eeor).htm). 4.0 Title IX of the Education Amendments of 1972- If the recipient operates an education program or activity,the recipient must comply with all applicable requirements of 20 U.S.C.§1681,and the DOJ implementing regulation at 28 C.F.R. §54, which prohibits discrimination in federally assisted education programs based on sex both in employment and in the delivery of services. 5.0 Partnerships with Faith-Based and other Neighborhood Organizations - The recipient or subrecipient at any tier, must comply with all applicable requirements of 28 C.F.R. § 38, "Partnerships with Faith-Based and other Neighborhood Organizations",specifically including the provision for written notice to current or prospective program beneficiaries. 6.0 Title II of the Americans with Disabilities Act of 1990 - Recipients who are public entities must comply with the requirements of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, and the DOJ implementing regulation at 28 C.F.R. pt. 35, which prohibits discrimination on the basis of Page 14 of 32 disability both in employment and in the delivery of services, including provision to provide reasonable accommodations. 7.0 Section 504 of the Rehabilitation Act of 1973 - Recipients must comply with all provisions of 28 U.S.C. § 794, and the DOJ implementing regulation at 28 C.F.R. pt. 42, subpt. G, which prohibits discrimination in federally assisted programs on the basis of disability in both employment and the delivery of services. 8.0 Age Discrimination Act of 1975-Recipients must comply with all requirements of 42 U.S.C.§6102, and the DOJ implementing regulation at 28 C.F.R.pt.42,subpt.I,which prohibits discrimination based on age in the delivery of services in federally assisted programs. 9.0 Omnibus Crime Control and Safe Streets Act of 1968—Recipients must comply with all provisions of 34 U.S.C. § 10228(c), and the DOJ implementing regulations at 28 C.F.R. pt. 42, subpts. D & E, which prohibits discrimination in programs funded under the statute on the basis of race, color, national origin, sex, and religion, both in employment and in the delivery of services. 10.0 Limited English Proficiency(LEP)-In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. §2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. FDLE strongly advises recipients to have a written LEP Language Access Plan. For more information visit www.lep.gov. 11.0 Finding of Discrimination-In the event a federal or state court orfederal or state administrative agency makes, after a due process hearing, a finding of discrimination on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. 12.0 Filing a Complaint-If an employee, applicant, or client of a recipient has a discrimination complaint against the recipient, they may file a complaint with the recipient, with FDLE, or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489, or online at info,(5)fdle.state.fl.us. Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, Northwest, Washington, D.C. 20531, or at https://www.of p.gov/program/civil-rights-office/filing-civi l-rights-complaint. For additional information on procedures for filing discrimination complaints, please visit httcws://www.fdle.state.fl.us/FDLE-Grants/Office-of-Criminal Justice,- Grants/Contact-Us. 13.0 Retaliation - In accordance with federal civil rights laws, the recipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. 14.0 Non-discrimination Contract Requirements - Recipients must include comprehensive Civil Rights nondiscrimination provisions in all contracts funded by the recipient. 15.0 Pass-through Requirements - Recipients are responsible for the compliance of contractors and other entities to whom they pass-through funds including compliance with all Civil Rights requirements. These additional tier subrecipients must be made aware that their employees, applicants, or clients may file a discrimination complaint with the recipient, with FDLE, or with the USDOJ Office for Civil Rights and provided the contact information. -�� - Page 15 of 32 16.0 Civil Rights Training Requirements - In accordance with Office of Justice Programs (OJP) requirements, the grant manager of the recipient entity responsible for managing awards from FDLE, will be required to complete a two part Civil Ri(Ahts Training and maintain copies of the training certificates within their award files to be provided upon request at monitoring. SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures-All expenditures and cost accounting of funds shall conform to the DOJ Grants Financial Guide and 2 C.F.R. § 200 as applicable, in their entirety. Recipients are required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. Financial management systems must be able to record and report on the receipt, obligation, and expenditure of award funds. Systems must also be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and additional tiered subrecipients. The awarded funds may or may not be an interest-bearing account, but any earned interest must be accounted for as program income and used for program purposes before the federal award period end date.Any unexpended interest remaining at the end of the federal award period must be refunded to FDLE for transmittal to DOJ. 2.0 Match - The value or amount of any "non-federal share," "match," or cost-sharing contribution incorporated into the approved budget is part of the "project cost" for purposes of the 2 C.F.R. § 200 Uniform Requirements, and is subject to audit. In general, the rules and restrictions that apply to award funds from federal sources also apply to funds in the approved budget that are provided as "match" or through"cost sharing." SECTION IV: AWARD MANAGEMENT AND REPORTING REQUIREMENTS 1.0 Obligation of Funds - Award funds shall not be obligated prior to the start date, or subsequent to the end date, of the award. Only project costs incurred on or after the effective date, and on or prior to the termination date of the recipient's project are eligible for reimbursement. 2.0 Use of Funds - Federal funds may only be used for the purposes in the recipient's approved award agreement. 3.0 Advance Funding - Advance funding may be provided to a recipient upon a written request to the Department. 4.0 Performance Reporting - The recipient shall submit Monthly or Quarterly Project performance achievements and performance questionnaires to the Department, within fifteen (15) days after the end of the reporting period. Performance reporting must clearly articulate the activities that occurred within the reporting period, including descriptions of major accomplishments, milestones achieved, and/or barriers or delays encountered.Additional information may be required if necessary to comply with federal reporting requirements. Performance achievements and performance questionnaires that are not complete, accurate, and timely may result in sanctions, as specified in Section IV, Award Management and Reporting Requirements. 5.0 Financial Consequences for Failure to Perform-In accordance with Section 215.971, Florida Statutes, payments for state and federal financial assistance must be directly related to the scope of work and meet the minimum level of performance for successful completion. If the recipient fails to meet the minimum level of service or performance identified in this agreement, the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to withholding payments or reimbursement until the deficiency is resolved, tendering only partial payment/reimbursement, imposition of other financial consequences according to the Standard Conditions as applicable, and/or termination of contract and requisition of goods or services from an alternate source.Any payment made in reliance on recipient's evidence of performance,which evidence is subsequently determined to be erroneous, will be immediately due to the Department as a refund. 6.0 Award Amendments - Recipients must submit an award amendment through the electronic grant management system for major substantive changes such as changes in project activities or scope of the Page 16 of 32 project,target populations, service providers, implementation schedules, and designs or research plans set forth in the approved agreement and for any budget changes that affect a cost category that was not included in the original budget. Amendments are also required when there will be a transfer of 10% or more of the total budget between budget categories, or there is an indirect cost rate category change. Recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item. Under no circumstances can transfers of funds increase the total budgeted award. Retroactive(after-the-fact)approval of project adjustments or items not currently in the approved award will only be considered under extenuating circumstances. Recipients who incur costs prior to approval of requested adjustments do so at the risk of the items being ineligible for reimbursement under the award. All requests for changes, including requests for project period extensions, must be submitted in the electronic grant management system no later than thirty(30)days prior to award expiration date. 7.0 Financial Expenditures and Reporting -The recipient shall close the expense reporting period either on a Monthly or Quarterly basis. For any reporting period the recipient is seeking reimbursement, a payment request must also be submitted in the grant management system.Closing of the reporting period and Payment Requests are due thirty (30) days after the end of the reporting period with the exception of the final reporting period. All project expenditures for reimbursement of recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by FDLE. All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-audit and post-audit. All reports must relate financial data to performance accomplishments. An expenditure report is not required when no reimbursement is being requested however, recipients should close the associated reporting period in the electronic grant management system. Before the "final' Payment Request will be processed, the recipient must submit to the Department all outstanding Performance Achievements and must have satisfied all withholding, special, and monitoring conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 8.0 Project Income (PGI) - All income generated as a direct result of a project shall be deemed program income.Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff(i.e., law enforcement entity). The recipient shall submit a PGI Earnings and Expenditures form in the electronic grant management system as soon as PGI is earned or expended. Prior to expending funds, the recipient shall submit a PGI Spending Request form for FDLE approval.All PGI expenditures must directly relate to the project being funded and must be allowable under the federal award. Additionally, any unexpended PGI remaining at the end of the federal award period must be submitted to FDLE for transmittal to the Bureau of Justice Assistance. 9.0 Recipient Integrity and Performance Matters - Requirement to report information on certain civil, criminal, and administrative proceedings to FDLE, SAM and FAPIIS. The recipient must comply with any and all applicable requirements regarding reporting of information on civil,criminal, and administrative proceedings connected with (or connected to the performance of)either this award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management("SAM"), to the designated federal integrity and performance system("FAPIIS"). Page 17 of 32 10.0 Verification and updating of Recipient Grant Manager contact information-The recipient must verify its Recipient Grant Manager(GM)contact information, including telephone number and e-mail address, is current and correct. If any information is incorrect or has changed, an authorized user of the recipient must make changes to the GM information in AmpliFund and provide the GM's contact information to the FDLE grant manager within thirty days of the change. 11.0 Death in Custody Reporting (JAG Program Only) — Recipients of funds under Florida's Justice Assistance Grant (JAG) program are required to report all deaths in custody to the Criminal Justice Grants. A death in custody occurs when a person dies who is detained, under arrest, in the process of being arrested, is en route to incarceration, or is incarcerated at a municipal or county jail, state prison, state-run prison boot camp, contracted prison, or other local or state correctional facility. For more information on the reporting requirements, visit: hftps://www.fdle.state.fl.us/FDLE-Grants/Office-of- Criminal-Justice-G rants/Forms/Forms/DCRA. SECTION V: MONITORING AND AUDITS 1.0 Access to Records -The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient and contractors for the purpose of audit and examination according to the Financial Guide. At any time, a representative of the Department, the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right to visit the project site to monitor, inspect and assess work performed under this agreement. The Department reserves the right to unilaterally terminate this agreement if the recipient or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, unless specifically exempted and/or made confidential by operation of Chapter 119, Florida Statutes, and made or received by the recipient or its contractor in conjunction with this agreement. The recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 2.0 Assessments and Evaluations - The recipient agrees to participate in a data collection process measuring program outputs and outcomes as outlined by the Office of Justice Programs. The recipient agrees to cooperate with any assessments, national evaluation efforts, and/or information or data collection requests related to activities under this award. 3.0 Monitoring - The recipient agrees to comply with FDLE's award monitoring guidelines, protocols, and procedures; and to cooperate with FDLE on all award monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with award monitoring activities may result in sanctions affecting the recipient's award, including, but not limited to: withholding and/or other restrictions on the recipient's access to funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE High Risk grantee, or termination of award(s). 4.0 Property Management-The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the DOJ Grants Financial Guide and 2 C.F.R. § 200.313. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 5.0 Award Closeout-Award Closeout will be initiated by the Department after the final payment request has been processed. The final payment request must be submitted within sixty (60) days of the end date of Page 18 of 32 the award. All performance achievements and performance questionnaires must be completed before the award can be closed. 6.0 High Risk Recipients - If a recipient is designated "high risk" by a federal award-making agency, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to FDLE. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: (1) The federal awarding agency that currently designates the recipient high risk, (2). The date the recipient was designated high risk, (3)the high-risk point of contact at that federal awarding agency(name, phone number, and email address), and (4)The reasons for the high-risk status, as set out by the federal awarding agency. 7.0 Imposition of Additional Requirements - The recipient agrees to comply with any additional requirements that may be imposed by FDLE during the period of performance for this award if the recipient is designated as"high-risk"for purposes of the DOJ high-risk list. 8.0 Retention of Records-The recipient shall maintain all records and documents for a minimum of five(5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The recipient shall comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: https://files.floridados.gov/media/706717/gal-sl 'J,un odf. 9.0 Disputes and Appeals - The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 10.0 Failure to Address Audit Issues-The recipient understands and agrees that FDLE may withhold award funds, or may impose award conditions or other related requirements, if (as determined by FDLE) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the 2 C.F.R. §200 Uniform Requirements(or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews. 11.0 Single Annual Audit-Recipients that expend$1,000,000 or more in a year in total federal award funding shall have a single audit or program-specific audit conducted for that year. The audit shall be performed in accordance with the OMB 2 C.F.R.§200 Subpart F—Audit Requirements and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit that meets the requirements of 2 C.F.R. § 200 Subpart F, "Audit Requirements" Section 215.97, Florida Statutes, "Florida Single Audit Act" and Rules of the Auditor General, Chapter 10.550, and Chapter 10.650, "Local Governmental Entity Audits" and "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." A complete audit report that covers any portion of the effective dates of this agreement must be performed and submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described in Appendix X to 2 C.F.R. § 200 on the specified Data Collection Form (Form SF-SAC). Records shall be made available upon request for a period of five(5)years from the date the audit report is issued, unless extended in writing by the Department. Page 19 of 32 Recipients that expend less than $1,000,000 in federal awards during a fiscal year are exempt from the Single Audit Act audit requirements for that fiscal year. In this case,written notification, in the form of the "Certification of Audit Exemption"form,shall be provided to the Department by the Chief Financial Officer, or designee, that the recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SECTION VI: AWARD PROCUREMENT AND COST PRINCIPLES 1.0 Procurement Procedures - Recipients must have written procedures for procurement transactions. Procedures must conform to applicable Federal law and the standards in 2 C.F.R. §§200.318-326. This condition applies to agreements that FDLE considers to be a procurement "contract", and not a second-tier award. The details of the advance approval requirement to use a noncompetitive approach in a procurement contract under this award are posed on the OJP website at httos://oir).cov/funding/Explore/NoncompetitiveProcurement.htm. Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ Grants and Cooperative agreements at httr)s://www.oio.00v/doi-ouide-to-procurement-procedures. 2.0 Cost Analysis-A cost analysis must be performed by the recipient if the cost or price is at or above the $35,000 acquisition threshold and the contract was awarded non-competitively in accordance with Section 216.3475, Florida Statutes. The recipient must maintain records to support the cost analysis, which includes a detailed budget, documented review of individual cost elements for allowability, reasonableness, and necessity. See also: Reference Guide for State Expenditures. 3.0 Allowable Costs -Allowance for costs incurred under the award shall be determined according to the general principles and standards for selected cost items set forth in the DOJ Grants Financial Guide and 2 C.F.R. Part 200, Subpart E, "Cost Principles". 4.0 Unallowable Costs - Payments made for costs determined to be unallowable by either the Federal awarding agency, or the Department, either as direct or indirect costs, must be refunded (including interest)to FDLE and the Federal Government in accordance with instructions that determined the costs are unallowable unless state or Federal statute or regulation directs otherwise. See also 2 C.F.R. §§ 200.300-309. 5.0 Unmanned Aircraft Systems(UAS)-The recipient agrees that no funds under this award(including via subcontract or subaward, at any tier)may be used for unmanned aircraft systems(UAS),which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. 6.0 Facial Recognition Technology (FRT) - In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology(FRT)unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 7.0 Body Armor-Certification of body armor"mandatory wear"policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. For Page 20 of 32 PSN, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a"mandatory wear" policy in effect.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted,as set forth in 34 U.S.C. 10202(c)(1)(A).The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: hftps:Hnii.00p.gov/topics/equipment-and technology/body-armor. 8.0 Indirect Cost Rate -A recipient that is eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. §200.414(f), and elects to do so, must advise FDLE in writing of both its eligibility and its election, and must comply with all associated requirements in the 2 C.F.R. §200 and Appendix VII. 9.0 Sole Source- If the project requires a non-competitive purchase from a sole source, the recipient must complete the Sole Source Justification for Services and Equipment Form and submit to FDLE upon application for pre-approval. If the recipient is a state agency and the cost meets or exceeds$250,000, the recipient must also receive approval from the Florida Department of Management Services (DMS) (See§287.057(5), Fla. Stat.).Additional details on the sole source requirement can be found at 2 C.F.R. §200 and the DOJ Grants Financial Guide. 10.0 Personnel Services-Recipients may use award funds for eligible personnel services including salaries, wages, and fringe benefits, including overtime in accordance with the DOJ Grants Financial Guide Section 3.9 - Compensation for Personal Services, consistent with the principles set out in 2 C.F.R. § 200, Subpart E and those permitted in the federal program's authorizing legislation. Recipient employees should be compensated with overtime payments for work performed in excess of the established work week and in accordance with the recipient's written compensation and pay plan. Documentation - Charges for salaries, wages, and fringe benefits must be supported by a system of internal controls providing reasonable assurance that charges are accurate, allowable, and properly allocated. Documentation supporting charges must be incorporated into the official records of the organization. Charges made to the Personnel Budget Category must reasonably reflect the total time and activity for which the employee is compensated by the organization and cover both federally funded and all other activities. The records may include the use of subsidiary records as defined in the organization's written policies. Where award recipients work on multiple award programs or cost activities, documentation must support a reasonable allocation or distribution of costs among specific activities or cost objectives. Federal funds may not be used to pay cash compensation (salary plus bonuses)to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. An award recipient may compensate an employee at a higher rate, provided the amount in excess of the compensation limitation is not paid with federal funds. 11.0 Contractual Services - The recipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts as described in 2 C.F.R. §200.318, General procurement. Requirements for Contractors of Recipients-The recipient assures the compliance of all contractors with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended 34 U.S.C. § 10101 et seq.; the provisions of the current edition of the DOJ Grants Financial Guide (httpli//www.pip.-q,ov/doi-financial-guide-2 22 ; and all other applicable federal and state laws, orders, circulars, or regulations. The recipient must pass-through all requirements and conditions applicable to the federal award to any subcontract. The term "contractor" is used rather than the term Page 21 of 32 "vendor" and means an entity that receives a contract as defined in 2 C.F.R. §200.22, the nature of the contractual relationship determines the type of agreement. Approval of Consultant Contracts - Compensation for individual consultant services must be reasonable and consistent with that paid for similar services in the marketplace. The Federal awarding agency and pass-through entity must review and approve in writing all consultant contracts prior to employment of a consultant when the individual compensation rate exceeds$650 (excluding travel and subsistence costs) per eight-hour day, or$81.25 per hour. A detailed justification must be submitted to and approved by FDLE, who will coordinate written approval of the Federal awarding agency, prior to recipient obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide Section 3.6 Consultant Rates and applicable state statutes. The Department's approval of the recipient agreement does not constitute approval of individual consultant contracts or rates. If consultants are hired through a competitive bidding process (not sole source),the$650 threshold does not apply. 12.0 FFATA Reporting Requirements-Recipients that enter into awards of$30,000 or more should review the Federal Funding Accountability and Transparency Act of 2006 (FFATA), website for additional reporting requirements at htt�s://_of .,00v/fundinglEx lore/FFATA.htm. 13.0 Travel and Training -The cost of all travel shall be reimbursed according to the recipient's written travel policy. If the recipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines Section 112.061, Florida Statutes. Any foreign travel must obtain prior written approval from the Federal awarding agency and pass-through entity. 14.0 Expenses Related to Conferences, Meetings, Trainings,and Other Events -Award funds requested for meetings, retreats, seminars, symposia, events, and group training activities and related expenses must receive written pre-approval from the Federal awarding agency and pass-through entity and comply with all provisions in 2 C.F.R. § 200.432 and DOJ Grants Financial Guide Section 3.10; Conference Approval, Planning, and Reporting. Award applications requesting approval for meeting, training, conference, or other event costs must include a completed Conference & Events Submission Form for approval prior to obligating award funds for these purposes. 15.0 Training and Training Materials-Any training or training materials that has been developed or delivered with award funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at www.oip.govtfunding/oiptrainincaguidin4principles.htm. 16.0 Publications, Media,Websites, and Patents Ownership of Data and Creative Material - Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the DOJ Grants Financial Guide, 28 C.F.R. §§66, and 2 C.F.R. 200.315. Written, Visual, or Audio Publications - Publication costs for electronic and print media, including distribution, promotion, and general handling are allowable. If these costs are not identifiable with a particular direct cost objective, it should be allocated as indirect costs. Publication includes writing, editing, and preparing the illustrated material (including videos and electronic mediums). Recipients must request pre-approval in writing for page charges for professional journal publications.All publication materials must comply with provisions in 2 C.F.R.§200.461 and DOJ Grants Financial Guide, Section 3.9;Allowable Costs—Publication. Recipients must submit for review and approval one (1) copy of any written materials to be published, including web-based materials and website content, to be paid under this award at least thirty(30)days prior to the targeted dissemination date. Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, must contain the following statements identifying the federal award: Page 22 of 32 "This project was supported by [Federal Award Number] awarded by the [Bureau of Justice Assistance/Bureau of Justice Statistics]. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." Websites -Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site(including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. Patents - Recipients are subject to applicable regulations governing patents and inventions, including government wide regulations issued by the Department of Commerce (37 C.F.R. §401 and 2 C.F.R. § 200.315(c)). Recipients must promptly and fully report to FDLE and the Federal awarding agency if any program produces patentable items,patent rights,processes,or inventions, in the course of work sponsored under this award. 17.0 For NCHIP & NICS: Purchase of Automated Fingerprint Identification System (AFIS) - AFIS equipment purchased under this award must conform to the American National Standards Institute(ANSI) Standard, "Data Format for the Interchange of Fingerprint, Facial & Other Biometric Information" (ANSI/NIST-ITL 1-2007 PART 1)and any other applicable standards set forth by the Federal Bureau of Investigation (FBI). 18.0 Information Technology Projects Criminal Intelligence Systems-The recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. §23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. § 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. § 23.20(g). Should any violation of 28 C.F.R. §23 occur,the recipient may be fined as per 34 U.S.C. § 10231.The recipient may not satisfy such a fine with federal funds. The recipient understands and agrees that no awarded funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. In doing so the recipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. State IT Point of Contact-The recipient must ensure that the State IT Point of Contact receives written notification regarding any information technology project funded by this award during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these award funds. In addition, the recipient must maintain an administrative file documenting the meeting of this requirement. For a list of State IT Points of Contact, go to httos.//it.oip.Qov/technology-contacts. Page 23 of 32 The State IT Point of Contact will ensure the recipient's project follows a statewide comprehensive strategy for information sharing systems that improve the functioning of the criminal justice system, with an emphasis on integration of all criminal justice components, law enforcement, courts, prosecution, corrections, and probation and parole. Interstate Connectivity-To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 19.0 Interoperable Communications Guidance - Recipients using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at hftps://www.cisa._qov/sites/default/files/2023- 04/fv23 safecom uidance.-df. Recipients interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The recipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full-time Statewide Interoperability Coordinator(SWIC). If any future regulatory requirement(from the FCC or other governmental entity)results in a material technical or financial change in the project, the recipient should submit associated documentation, and other material, as applicable, for review by the SWIC to ensure coordination. Recipients must provide a listing of all communications equipment purchased with award funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports. 20.0 Global Standards Package-In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative(DOJ's Global)guidelines and recommendations for this particular award. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at https:Hit.oip.gov/osp. Recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 21.0 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment - In accordance with the requirements as set out in 2 C.F.R. § 200.216, recipients are prohibited from obligating or expending award funds to: 1) Procure or obtain; 2) Extend or renew a contract to procure or obtain; 3) Enter into a contract to procure or obtain equipment, services, or systems that use telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, produced by Huawei Technologies Company or ZTE Corporation (or a subsidiary or affiliate of such entities). mm Page 24 of 32 22.0 Unreasonable Restrictions on Competition-This condition applies with respect to any procurement of property or services funded (in whole or in part) by this award, by the recipient(or subrecipient at any tier), and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1) Consistent with the(DOJ)Part 200 Uniform Requirements--including as set out at 2 C.F.R. 200.300 and 200.319(a) — Recipient (or subrecipient at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate),except as expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by USDOJ. 2) Monitoring of compliance with the requirements of this condition will be conducted by FDLE. 3) The term"associate of the federal government"means any person or entity engaged or employed(in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), award recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity(or to provide such goods or services) in future. 4) Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity,to violate any federal law, including any applicable civil rights or nondiscrimination law. 23.0 Non-Disclosure Agreements-No recipient or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. 24.0 Whistleblower Protections—An employee of a recipient(at any tier)must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract)or grant. The recipient and subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. 4712. 25.0 Confidential Funds and Confidential Funds Certificate-A signed certification that the Project Director or Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential funds outlined in Section 3.12 of the DOJ Grants Financial Guide is required for all projects that involve confidential funds.The signed certification must be submitted at the time of award application. Confidential Funds certifications must be signed by the recipient Chief Official or an individual with formal, written signature authority for the Chief Official. Prior to the reimbursement of expenditures for confidential funds,the recipient must compile and maintain a CI Funds Tracking Sheet to record all disbursements under the award. The completed form must be submitted with the payment request for FDLE review. 26.0 For JAG: Task Force Training Requirement-The recipient agrees that within 120 days of award,each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive,task force officer,or other task force member of equivalent rank,will complete required online(internet-based)task force training. The training can be accessed https://www.cenf.org/CTFLI/. Page 25 of 32 All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement.This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When FDLE awards funds to support a task force, the recipient must compile and maintain a task force personnel roster along with course completion certificates. 27.0 For NCHIP & NARIP: Protective Order Systems -Any system developed with funds awarded under this cooperative agreement will be designed to permit interface with the National Protective Order file maintained by the FBI. SECTION VII: ADDITIONAL REQUIREMENTS 1.0 Environmental Protection Agency's (EPA) list of Violating Facilities-The recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 2.0 National Environmental Policy Act(NEPA)-The recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of award funds by the recipient. This applies to the following new activities whether or not they are being specifically funded with these award funds. That is, it applies as long as the activity is being conducted by the recipient or any third party and the activity needs to be undertaken in order to use these award funds. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the award, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact FDLE. 1) New construction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or(b)significantly change its size; 4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b)traditionally used, for example, in office, household, recreational, or educational environments; and 5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance.The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at https://www.bia.gov/Funding/nega.htmi, for programs relating to methamphetamine laboratory operations. 3.0 National Historic Preservation Act-The recipient will assist the Department(if necessary)in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 300.101 et seq.), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. 312501-312508) and the National Environmental Policy Act of 1969(43 C.F.R. 46). 4.0 Human Research Subjects -The recipient agrees to comply with the requirements of 28 C.F.R. § 46 and all Office of Justice Programs policies and procedures regarding the protection of human research ww _ Page 26 of 32 subjects,including obtainment of Institutional Review Board approval, if appropriate,and subject informed consent. 5.0 Disclosures Conflict of Interest—Recipients (at any tier) must establish safeguards to prohibit employees, officers, agents, and board members from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Recipients must disclose in writing any potential conflict of interest to FDLE (the non-federal pass-through entity). No employee, officer, agency, or board member may solicit nor accept gratuities, favors, or anything of monetary value from providers/contractors. Violations of Criminal Law -The recipient must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the award. 6.0 Uniform Relocation Assistance and Real Property Acquisitions Act -The recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 7.0 Limitations on Government Employees Financed by Federal Assistance -The recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7321-26, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 8.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable - Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or award to either the Association of Community Organizations for Reform Now (ACORN)or its subsidiaries, without the express prior written approval of OJP. 9.0 Text Messaging While Driving-Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), and Section 316.305, Florida Statutes., the recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10.0 DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database - If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System(CODIS), by a government DNA lab with access to CODIS.With the exception of Forensic Genetic Genealogy, no profiles generated with award funding may be entered into any other non-governmental DNA database without prior express written approval from BJA.Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS.Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). 11.0 Forensic Genealogy Testing - Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching and must collect and report the metrics identified in Section IX of the document to the Bureau of Justice Assistance. For more information, visit https/Lwww.justice.gov/olr/page/file/l 204386/down load. 12.0 Environmental Requirements and Energy - For awards in excess of $100,000, the recipient must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act(42 U.S.0§85), section 508 of the Clean Water Act(33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. § 1 seq.). The recipient must comply with Page 27 of 32 mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871), if any. 13.0 Other Federal Funds-The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the recipient will promptly notify, in writing the grant manager for this award, and, if so requested by FDLE seek a budget modification or change of project scope amendment to eliminate any inappropriate duplication of funding. 14.0 Trafficking in Persons-The recipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons, whether on the part of recipients, recipients or individuals defined as "employees" of the recipient. The details of the recipient and recipient obligations related to prohibited conduct related to trafficking in persons are incorporated by reference and posted at httgs//oip.gov/funding//Explor_e/ProhibitedConduct-Trafficking.htm. 15.0 Requirement of the Award; Remedies for Non-Compliance or for Materially False Statements- Any materially false,fictitious, or fraudulent statement to the Department related to this award(or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001, 1621,and/or 34 U.S.C.§ 10272),and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C. §§3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead,that the provision is utterly invalid or unenforceable; such provision shall be deemed severable from this award. 16.0 Employment Eligibility Verification for Hiring Under This Award -The recipient must ensure that as part of the hiring process for any position that is or will be funded (in whole or in part)with award funds, the employment eligibility of the individual being hired is properly verified in accordance with the provisions of 8 U.S.C. 1324a(a)(1)and (2). 1) All persons who are or will be involved in activities under this award must be made aware of the requirement for verification of employment eligibility, and associated provisions of 8 U.S.C. 1324a(a)(1) and (2) that make it unlawful in the United States to hire (or recruit for employment) certain aliens. 2) The recipient must provide training (to the extent necessary) to those persons required by this condition to be notified of the requirement for employment eligibility verification and the associated provisions of 8 U.S.C. 1324a(a)(1)and (2). 3) As part of the recordkeeping requirements of this award, the recipient must maintain records of all employment eligibility verifications pertinent to compliance with this condition and in accordance with 1-9 record retention requirements, as well as pertinent records of notifications and trainings. 4) Monitoring of compliance with the requirements of this condition will be conducted by FDLE. 5) Persons who are or will be involved in activities under this award includes any and all recipient officials or other staff who are or will be involved in the hiring process with respect to an award funded position under this award. 6) For the purposes of satisfying this condition, the recipient may choose to participate in, and use E- Verify(www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient entity uses E-Verify to confirm employment eligibility for each position funded through this award. 7) Nothing in this condition shall be understood to authorize or require any recipient, or any person or other entity,to violate federal law, including any applicable civil rights or nondiscrimination law. 8) Nothing in this condition, including paragraph vi., shall be understood to relieve any recipient, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). _� _. Page 28 of 32 17.0 Determination of Suitability to Interact with Minors - This condition applies if it is indicated in the application for award(at any tier)that a purpose of some or all of the activities to be carried out under the award is to benefit a set of individuals under 18 years of age. The recipient (or subrecipient at any tier), must make determinations of suitability before certain individuals may interact with participating minors. The requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP website at httr)s://oji).gov/funding/Explore/Interact- Minors.htm. 18.0 Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters - No recipient under this award, or entity that receives a procurement contract with funds under this award, may require an employee to sign an internal confidentiality agreement that prohibits the reporting of waste, fraud, or abuse to an investigative or law enforcement representative authorized to receive such information. The foregoing is not intended, to contravene requirements applicable to classified information. In accepting this award, the recipient: 1) Has not required internal confidentiality agreements or statements from employees or contractors that currently prohibit reporting waste,fraud, or abuse; 2) Certifies that, if it learns that it is or has been requiring its employees or contractors to execute agreements that prohibit reporting of waste, fraud, or abuse, it will immediately stop any further obligations of award funds, will provide prompt written notification to FDLE, and will resume such obligations only if expressly authorized to do so by FDLE. 3) Will comply with requirements of 5 U.S.C. §§ 1501-08 and 7321-26, which limit certain political activities of state or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 19.0 Safe Policing and Law Enforcement - Recipients that are state, local, college or university law enforcement agencies must be in compliance with the safe policing certification requirement outlined in Executive Order 13929. For detailed information on this certification requirement, see https://cops.usdol.gov/SafeEgligingEO. 20.0 For JAG: Extreme Risk Protection Programs - Recipients using funds for Extreme Risk Protection programs must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights,and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts(including the Supreme Court of the United States).The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. 21.0 For RSAT: State Alcohol and Drug Abuse Agency - The recipient will coordinate the design and implementation of treatment programs with the State alcohol and drug abuse agency or any appropriate Page 29 of 32 local alcohol and drug abuse agency,especially when there is an opportunity to coordinate with initiatives funded through the Justice Assistance Grant(JAG) program. 22.0 For RSAT: Drug Testing-The recipient will implement or continue to require urinalysis or other proven reliable forms of testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State. 23.0 For RSAT: Opioid Abuse and Reduction - The recipient understands and agrees that, to the extent that substance abuse treatment and related services are funded by this award, they will include needed treatment and services to address opioid abuse and reduction. 24.0 For RSAT: Data Collection - The recipient agrees that award funds may be used to pay for data collection, analysis, and report preparation only if that activity is associated with federal reporting requirements. Other data collection, analysis, and evaluation activities are not allowable uses of award funds. 25.0 For RSAT:Recipient understands and agrees that strategic planning activities funded by this award must include planning on how to address individuals with co-occurring mental health and opioid use disorders. 26.0 For PSN: Coordination with U.S.Attorney and PSN Task Forces-The recipient agrees to coordinate the project with the U.S.Attorney and Project Safe Neighborhoods Task Force(s)for the respective U.S. Attorney Districts covered by the award. The recipient also is encouraged to coordinate with other community justice initiatives and other ongoing, local gun prosecution and law enforcement strategies. 27.0 For PSN: Media-related Outreach -The recipient agrees to submit to FDLE for review and approval by DOJ, any proposal or plan for PSN media-related outreach projects. 28.0 For NCHIP&NARIP: Comprehensive Evaluation-In order to ensure that the National Criminal History Improvement Program (NCHIP) and the NICS Act Record Improvement Program (NARIP) are realizing the objectives in the most productive manner, the recipient agrees to participate in a comprehensive evaluation effort. It is anticipated that the evaluation will take place during the course of the program and will likely involve each participating agency. It is expected that the evaluation will have a minimal impact on an agency's program personnel and resources. 29.0 For NCHIP & NARIP: Coordination and Compatibility with Systems - In accordance with federal award conditions, recipient agrees all activities supported under this award must: 1) Be coordinated with Federal, State, and local activities relating to homeland security and presale firearm checks. 2) Ensure criminal justice information systems designed, implemented, or upgraded with NCHIP or NARIP funds are compatible, where applicable, with the National Incident-Based Reporting System (NIBRS), the National Crime Information Center system (NCIC 2000), the National Criminal Instant Background Check System (NICS), the Integrated Automated Fingerprint Identification System (IAFIS), and applicable national, statewide or regional criminal justice information sharing standards and plans. 3) Intend to establish or continue a program that enters into the National Crime Information Center (NCIC) records of: (a) Protection orders for the protection of persons from stalking or domestic violence; (b)Warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; and (c) Arrests or convictions of persons violating protection orders intended to protect victims from stalking or domestic violence. 30.0 For NCHIP & NARIP: Firearm and Background Checks -Consonant with federal statutes that pertain to firearms and background checks-- including 18 U.S.C. §922 and 34 U.S.C. Ch. 409 —in connection with any use, by the recipient (or any subrecipient at any tier), of this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program)that results in any court dispositions, information,or other records that are"eligible records"(under federal or State law) relevant to the National Instant Background Check System(NICS), or that has as one of its purposes the Page 30 of 32 establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are"eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the"State" repository/database that is electronically available to(and accessed by)the NICS, and --when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 31.0 For Paul Coverdell: Generally Accepted Laboratory Practices — The recipient shall ensure that any forensic laboratory, forensic laboratory system, medical examiner's office, or coroner's office that will receive any portion of the award uses generally accepted laboratory practices and procedures as established by accrediting organizations or appropriate certifying bodies. 32.0 For Paul Coverdell: Accreditation — The recipient may not obligate, expend, or draw down any funds under this award until the recipient submits documentation sufficient to demonstrate that it is accredited. 33.0 If the recipient is not accredited, the recipient must prepare and apply for accreditation by not more than two years from the award date of this award. If accredited, the recipient must continue to demonstrate such accreditation as a condition of receiving or using these subawarded funds; or, if not accredited,the recipient must use the subawarded funds to prepare and apply for accreditation. 34.0 The Coverdell statute (see 34 U.S.C. section 10562(2)) and the Paul Coverdell Science Improvement Grants Program solicitation state certain requirements and guidance associated with proper accreditation and regarding what BJA will consider to be acceptable documentation of accreditation. The awarded funds may not be used under this award by a forensic laboratory or forensic laboratory system with accreditation (or by such laboratory to obtain accreditation)that BJA determines not to be consistent with the Coverdell law and the solicitation or to be otherwise deficient. The recipient agrees to notify FDLE promptly upon any change in its accreditation status. 35.0 For Paul Coverdell: Gross Income/Revenues—The recipient understands and agrees that gross income (revenues) from fees charged for forensic science or medical examiner services constitutes program income (in whole or in part), and that program income must be determined, used, and documented in accordance with the provisions of 2 C.F.R. 200.307, including as applied in the DOJ Grants Financial Guide, as it may be revised from time to time. The recipient further understands and agrees that both program income earned during the award period and expenditures of such program income must be reported on the quarterly and final Federal Financial Reports(SF425)and are subject to audit. The recipient understands and agrees that program income earned during the award period may be expended only for permissible uses of funds specifically identified in the solicitation for the Paul Coverdell Forensic Science Improvement Grants Program. The recipient further understands and agrees that program income earned during the award period may not be used to supplant State or local government sources for the permissible uses of funds listed in the solicitation. The recipient understands and agrees that program income that is earned during the final one hundred twenty (120) days of the award period may, if appropriate, be obligated (as well as expended) for permissible uses during the one hundred twenty-day (120-day) period following the end of the award period. The recipient further understands and agrees that any program income earned during the award period that is not obligated and expended with one hundred twenty (120) days of the end of the award period must be returned to OJP. The recipient understands and agrees that, throughout the award period, it must promptly notify BJA if it either starts or stops charging fees for forensic science or medical examiner services, or if it revises its Page 31 of 32 method of allocating fees received for such services to program income. Notice must be provided in writing to the BJA grant manager for the award within ten (10) business days of implementation of the change. 36.0 For Paul Coverdell: External Investigations—The recipient shall comply with 34 U.S.C. section 10562(4), relating to processes in place to conduct independent external investigations into allegations of serious negligence or misconduct by employees or contractors. The recipient of this subaward acknowledges that, as stated in the solicitation for the Paul Coverdell Forensic Science Improvement Grants Program, BJA assumes that recipients (and subrecipients) of Coverdell funds will make use of the process referenced in their certification as to external investigations and will refer allegations of serious negligence or misconduct substantially affecting the integrity of forensic results to government entities with an appropriate process in place to conduct independent external investigations, such as the government entity(or entities) identified in the grant application. The recipient shall submit the following information as part of its final report: 1) The number and nature of any allegations of serious negligence or misconduct substantially affecting the integrity of forensic results received during the 12-month period of the award; 2) Information on the referrals of such allegations (e.g., the government entity or entities to which referred, the date of referral); 3) The outcome of such referrals(if known as of the date of the report); and 4) If any such allegations were not referred, the reasons(s)for the non-referral. Should the project period for this award be extended, the recipient shall submit the above information as to the first twelve months of the award as part of the first semi-annual progress report that comes due after the conclusion of the first twelve months of the project period, and shall submit the required information as to subsequent twelve-month periods every twelve months thereafter (as part of a semi- annual progress report) until the close of the award period, at which point the recipient shall submit the required information as to any period not covered by prior reports as part of its final report.The recipient understands and agrees that funds may be withheld (including funds under future awards), or other related requirements may be imposed, if the required information is not submitted on a timely basis. ._ __ Page 32 of 32