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HomeMy WebLinkAboutResolution - 2024-R0216 - Sub-Award Agmt 4134-2024-005, Institute For Intergovernmental Research - 04/23/2024Resolution No. 2024-R0216 Item No. 6.22 Apri123, 2024 RESOLUTION BE IT R�SOLVED BY `l'IIL CI'fY COUNCIL Ol� "1'IIL' CI1'Y OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and dirccted to execute for and on behalf of the City of Lubbock, Subaward Agreement 4134-2024-005 between the City of Lubbock and the Institute for Intergovernmental Research and related documents for the Reaching Rural 2023 Implementation Project. Said Subaward Agrcement and related documents are attached hereto and incorporated in this resolution as if fully sct forth herein and shall be included in the minutes of the City Council. Yassed by thc City Council on A ri=n 123, 2024 TRnY �nY1vr: n OR �1��r�s�r: Courtney Paz, City Secretary APPROVI:D AS "1'O CON1'I;N'1': � /Y) Bill Ho on, Deputy Ci nager APPROVI:D S �ro ro�: Rachael roster, Assistant City Attorney ccdocs11112LiS.SubawardAgrecment- IIR Rcaching Rural Project 3.27.24 Resolution No. 2024-R0216 4134-2024-005 City of Lubbock Public Health Department Subaward Agreement Between the City of Lubbock Public Health Department (Lubbock PHD) and Nie Institute for Intergovernmental Research (IIR) jor the Reaching Rura12023 Implementation Project This Subaward Agreement (Agreement) is entered into as of the 1 st day of March, 2024, by and between the Institute for Intergovernmental Research (IIR) and the City of Lubbock, acting by and through its Public Health Department (Lubbock PHD). Funds have been allocated to IIR under Catalog of Federal Domestic Assistance (CFDA) Number 16.838 (Comprehensive Opioid, Stimulant, and other Substance Use Program) by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), in federal Grant Award Number 15PBJA-2I-GK-01074-MUMU, Comprehensive Opioid, Stimulant, and Substance Use Program (COSSUP) Training and Technical Assistance Coordination and Demonstration Program (dated September 23, 2023), for the Reaching Rural Implementation project. The following terms and conditions goverr� this Agreement: a. The term of this Agreement is for the time period from March l, 2024 to July 31, 2025 for both the project performance and budget. Either party may withdraw by delivering ten (10) days' written notice to the other party of its intent to withdraw from this Agreement. b. Lubbock PHD agrees to provide the services mutually agreed upon and identified in the Project Summary in Attachment A. IIR agrees to pay Lubbock PHD on a reimbursement basis for actual costs incurred as described in the attached Project Summary, up to a total amount not to exceed $100,000. c. Lubbock PHD acknowledges that through this partnership, IIR is the primary recipient of grant funds related to the efforts performed under this Agreement and is the sole entity through which any communications to the grant-funding agency and all agency personnel related to funding for this effort are to be made unless otherwise specificatly approved in advance by IIR. Lubbock PHD (or recipients of subawards/subcontract issued by Lubbock PHD) shall not initiate any direct contact with DOJ, OJP, any other federal entity associated with this effort, or employees of such entity, regarding funding for this project before first receiving specific prior written IIR approval to make such contact. Lubbock PHD shall, within twenty-four (24) hours of becoming aware of such contact, notify IIR of any unauthorized direct contact prohibited by this section. d. All financial transactions conducted under this Agreement will be in compliance with applicable federal financial guidelines, rules, and regulations. Lubbock PHD agrees to provide any such documentation, upon request by IIR, to assure and verify compliance with all applicable federal guidelines, rules, and regulations. e. Agreed-upon travel expenses incurred by Lubbock PHD will be reimbursed in compliance with IIR and federal guidelines upon submission of expense reports 4134-2024-005 City of Lubbock Public Health Department with backup documentation. Lubbock PHD must obtain advance approval from IIR for all travel and submit evidence of that approval with the submitted expense report. f. Lubbock PHD will invoice IIR for agreed-upon allowable costs incurred during the invoice period. Any indirect costs charged must be consistent with either an approved Federal Negotiated Indirect Cost Rate Agreement (NICRA) or other indirect cost allocation plan/rate in accordance with 2 Code of Federal Regulations (CFR) Part 200. Invoices will include appropriate backup documentation and should be submitted to IIR on a monthly or quarterly basis by the fifteenth (15th) day of the following month. IIR shall pay Lubbock PHD's invoice within thirty (30) days after submission and IIR's review and approval. However, if IIR is unable to draw funds from the Bureau of Justice Assistance (BJA) on the associated award because of issues beyond IIR's control, invoice payment may exceed the thirty (30) days. g. Lubbock PHD must invoice IIR for allowable expenses incurred pursuant to this Agreement (but not previously invoiced) within thirty (30) days of the expiration of this Agreement. Invoices submitted after thirty (30) days of the expiration of this Agreement may not be paid because of requirements associated with federal funding availability. h. Lubbock PHD will provide a report with each invoice summarizing the activity to date and changes or delays in the project scope, if any. IIR may request additional activity/progress reports during the term of this Agreement. i. At project completion, Lubbock PHD will provide a final report on the project. IIR may require supplementation or modification of the final report as may be necessary to allow IIR to fulfill its federal reporting requirements. j. Lubbock PHD certifies that the services will be performed by qualified personnel who meet federal requirements and have a level of skill commensurate with the requirements set forth in this Agreement. Lubbock PHD certifies that it wi(1 use reasonable care and skill to efficiently and effectively perform the services required to complete the deliverables outlined in the Project Summary. k. Lubbock PHD certifies that all personnel providing service hereunder are United States citizens or are fully and legally authorized to work in the United States. Lubbock PHD's failure to comply with the foregoing is grounds for immediate termination of this Agreement by IIR. l. In executing this Agreement, Lubbock PHD represents that it is fully capable of providing the efforts anticipated and required by the Agreement and is not aware of any pending or potential restrictions that would make it unable to successfuily perform those efforts. 4134-2024-005 City of Lubbock Public Health Department m. The following attachments are hereby incorporated by reference and made a part hereof: • Attachment A — Project Summary • Attachment B — Additional Provisions • Attachment C— Breach of Personally Identifiable Information Procedures • Attachment D— Subcontractor Reporting Data Sheet • Attachment E— Award AdditionallSpecial Conditions to the Cooperative Agreement • Attachment F— Copy of Reaching Rural Implementation Funding Application • Lubbock PHD's response to the funding application All individuals signing this Agreement directly and expressly warrant that they have each been given, received, and accepted authority to sign and execute the Agreement on behalf of the party for whom it is indicated. Further, each individual has expressly been given, received, and accepted authority to enter into a binding agreement on behalf of such party and the organization indicated with respect to the matters contained and stated herein. Accepted: CITY OF LUBBOCK ATTEST: By: � Tray P � , Ma o ATTEST• By: Accepted: . �, �-��- Lee W. Miller III, President and CEO Institute for Intergovernmental Research APP�Q�EIS S TO CONTENT: ., By: atherine Wells, Director of Public Health APPROVED AS T FO . By: Rachael Foster, ssistant City Attorney 4134-2024-005 Lubbock PHD Subaward Agree mar24 � vvuacuv� a u�.� v��� �rvvav�u�� Attachment A— 4134-2024-005 City of Lubbock Public Health Department ATTACHMENT A City of Lubbock Public Health Department Reaching Rura12023 Implementation Project Project Summary Proiect Overview The Reaching Rural 2023 Implementation Funding solicitation released by the Institute for Intergovernmental Research (IIR) was designed to leverage the combined resources and expertise of the U.S. Department of Justice, Bureau of Justice Assistance (BJA); the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention (CDC); and the State Justice Institute (SJI) to support rural practitioners as they grow as leaders and advance solutions to address the persistent challenges of substance use in their communities. This funding is exclusively available to individuals or jurisdictions that completed the Reaching Rural Fellowship in December 2023 and will support communities in one of the following efforts that aligns with the allowable funding categories outlined in the solicitation: launch a project planned during the Reaching Rural fellowship, implement a new initiative, or enhance an existing initiative. City of Lubbock Public Health Department's Proiect Plan City of Lubbock Public Health Department's (Lubbock PHD) project plan provides additional details for the implementation of Lubbock PHD's project and project timeline. The general requirements, activities, and deliverables outlined below provide the basic requirements for Lubbock PHD's project initiative as funded through this Agreement. Deliverables This section outlines deliverables for this project. Lubbock PHD is responsible for meeting each of these deliverables; additional details can be found in the original solicitation included as Attachment F. Lubbock PHD will: Identify and maintain a project coordinator, who will serve as the primary point of contact for the initiative and will provide monthly progress reports, a final report, and regular invoices. o A template will be provided for monthly reports, which should be submitted to IIR no later than the seventh (7th) day of the following month. o A template will be provided for the final report, which should be submitted to IIR no later than thirty (30) days after the end of the grant period. o Invoices must be submitted no more than monthly but at least quarterly. Attachment A— 4134-2024-005 City of Lubbock Public Health The project coordinator will also participate in quarterly all-site calls with all implementation grantees. These calls will be mandatory and will be scheduled for two hours. • Identify and maintain a team that demonstrates a cross-sector partnership that, at a minimum, includes at least one justice or public safety practitioner, at least one public health representative, and at least one behavioral health practitioner. • All project partners, including the coordinators and their partners, will participate in an all-site call at seven (7) months and fifteen (15) months to report on their projects' progress. This call will be scheduled for a half day. Attachment B— 4134-2024-005 City of Lubbock Public Health ATTACHMENT B City of Lubbock Public Health Department Reaching Rura12023 Implementation Project Additional Provisions Compliance With Law Lubbock PHD acknowledges that this Agreement is being funded by the federal awarding agency under a Cooperative Agreement to the Institute for Intergovernmental Research (IIR) and that it is subject to all applicable federal laws, rules, regulations, orders, policies, and requirements. Lubbock PHD shall procure and maintain all licenses, authorizations, waivers, permits, qualifications, and certifications required to perform the work and shall fully comply with and include, in any permitted subawards or subcontracts hereunder, provisions requiring compliance by its subcontractors (defined herein as any contractor with whom Lubbock PHD further contracts to complete the work) with all applicable local, state, and federal laws, rules, regulations, orders, policies, and requirements. Notices All notices or other communications required by this Agreement or given in connection with it shall be in writing and shall be deemed to have been duly given when delivered personally in hand, delivered by recognized overnight delivery services, sent by electronic mail, delivered by telephonic facsimile, or mailed by certified or registered mail, return receipt requested, postage prepaid, on the date posted, and addressed as follows (or to such other address as either party may specify to the other party by written notice): If to Lubbock PHD: Mailing Address Post Office Box 2000 Lubbock, TX 79457-2000 Project Point of Contact Lynette Hollis Phone: (806) 775-2933 Email: lhollis@mylubbock.us Contractual and Financial Point of Contact Gloria Diaz Phone: (806) 775-3006 Email: gdiaz@mylubbock.us Attachment B— 4134-2024-005 City of Lubbock Public iiealth Department If to IIR: Mailing Address Post Office Box 12729 Tallahassee, FL 32317-2729 Project Point of Contact Kathy Rowings Phone: (850) 760-5386 Email: krowings@iir.com Contractual and Financial Points of Contact Mary J. Dodd Phone: (850) 300-7796 Email: mdodd@iir.com Kim Bianco Phone: (850) 692-7762 Email: kbianco@iir.com Federal Emplover ldentification Number (FEIN) Lubbock PHD's Federal Employer ldentification Number (FEIN) is 75-6000590. Unique Entity Identification (UEI) From SAM.gov Lubbock PHD's Unique Entity Identification (UEI) from SAM.gov is LXDNEKWRVKJ6. Commercial and Government EnNty (CAGE) Lubbock PHD's Commercial and Government Entity (CAGE) code is 3RJL2. Federal Funding Accountability and Transparencv Act (FFATA) Lubbock PHD certifies that the information provided to IIR for submission to the Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS), on the form included as Attachment D, is complete and accurate. Special Conditions Announced in or Applied to Grant Award LubbockPHD acknowledges that numerous special conditions may be imposed by law, regulation, or the awarding federal agency when a grant award is made. Any additional special conditions applicable to this Agreement not specifically stated within the main body of this Agreement are identified in Attachment E hereto, which is adopted and incorporated by reference here. The special conditions outlined in Attachment E are applicable only to the project outlined in this Agreement. Through its Cooperative Agreement, the Bureau of Justice Assistance (BJA) maintains an active role in administrating the use of provided funds, and Lubbock PHD acknowledges that 4 Attachment B— 4134-2024-005 City of Lubbock Public Health Department modification of expectations during the course of funding may be required by BJA. IIR reserves the right to convey to Lubbock PHD, in a written amendment to this Agreement, any additional special conditions imposed by the awarding entity, law, or regulation upon IIR andlor Lubbock PHD after execution of this Agreement during the performance of the efforts contemplated by this Agreement. Amendments to Subaward During the life of the subaward project, Lubbock PHD may identify changes or updates to administrative information, project activities, or the project budget. Lubbock PHD will send written requests for adjustments to the subaward project to IIR for consideration. IIR will review the request and may contact Lubbock PHD for additional information or to discuss the adjustment. IIR will notify Lubbock PHD of the outcome of the request. Circumstances requiring a subaward adjustment include the following: • Change in subaward contact/notices information • Request for a no-cost extension • New project director, designated key staff members, authorized representative, or signing authority • Movement of dollars between approved budget categories that exceeds 10 percent of the total subaward amount • Changes in the scope of project activities Fiscal Management Lubbock PHD has a responsibility to establish and maintain a fiscal management system that ensures fiscal integrity in the project. Lubbock PHD should establish and maintain an adequate accounting system and appropriate fiscal controls and records, ensure compliance with all applicable laws and regulations regarding use of the funds, and conduct its activities in a manner that is transparent and provides accountability. Lubbock PHD is responsible for ensuring that adequate oversight and monitoring are provided for any subrecipients. Availability of Funds Subaward funds can be obligated as of the start date of the subaward period, provided the budget has been approved. The obligation of funds, including all program income, must end on the last day of the subaward period. Lubbock PHD will have thirty (30) days from the end date of the subaward period to pay or liquidate outstanding obligations incurred during the subaward period. Subaward Closeout Within thirty (30) days after the end date of the subaward, Lubbock PHD must submit documentation to initiate the closeout of the subaward. La�bbock PHD should: • Submit a final program report in a format as specified. • Submit a final financial report in a format as specified. Attachment B— 4134-2024-005 City of Lubbock Public Health Department • Send a final invoice to IIR with appropriate documentation to include expenditures not previously invoiced by Lubbock PHD (i.e., previously invoiced expenditures are less than the total project expenditures). If the final total expenditures incurred by Lubbock PHD for this project are less than the amounts invoiced, Lubbock PHD must submit a check for the difference to IIR. Confidentialitv During the period of this Agreement, confidential material may be disclosed between the parties to permit agreed-upon services to be performed. Such material will be identified at the time it is provided to the other party. Each party will advise and require all assigned employees, agents, and consultants to treat such material as confidential and, to the extent permitted by law, will not disclose such information or work products to any person, organization, or corporation. At any time during this Agreement, IIR may require a separate supplemental nondisclosure agreement to be executed detailing any applicable additional obligations. Independent Contractor Lubbock PHD agrees that as an independent contractor, Lubbock PHD controls the manner and means of work and that there will be no IIR employee benefits accruing to the benefit of Lubbock PHD personnel, including, but not limited to, unemployment compensation, workers' compensation, health and life insurance benefits, or retirement earnings. Lubbock PHD will not make any claims on IIR related to benefits reserved for employees. Lubbock PHD will indemnify, defend, and hold IIR and its offcers, directors, and agents harmless from any damages, claims, injuries, disabilities, or other expenses resulting from Lubbock PHD's failure to provide benefits for Lubbock PHD and Lubbock PHD's employees. Lubbock PHD agrees that IIR will pay Lubbock PHD the gross amount due without withholding for federal income tax or social security tax, which will be the sole responsibility of Lubbock PHD. Training and Other Materials Lubbock PHD agrees to submit to IIR, for submission to BJA for review and approval, materials and efforts funded in whole or in part by this subaward, including curricula, training materials, proposed publications, reports, or other written materials that will be published, including web- based materials and website content, at least forty-five (45) working days prior to the targeted dissemination date. Statements on Work Products Any work products prepared by Lubbock PHD, including multimedia products and websites, shall include statements provided by IIR related to project funding; copyright notices, permission requirements, or dissemination restrictions; and notice that the product does not necessarily reflect the views of the funding agency. Attachment B— 4134-2024-005 City of Lubbock Public Health Department Subaward Lubbock PHD must obtain prior written approval from IIR for any subawards that Lubbock PHD proposes to enter into as part of the project funded through this Agreement. Any subawards issued under this Agreement will contain the same clauses and requirements as outlined in this Agreement, including the requirement for expense reimbursement. Subawardees must invoice Lubbock PHD for actual expenses and provide appropriate supporting documentation. Lubbock PHD must, in turn, provide IIR with the invoices and supporting documentation received from the subawarded entities with the related invoice from Lubbock PHD. Lubbock PHD agrees to comply with its oversight and monitoring responsibilities for subawards issued by Lubbock PHD in compliance with 2 Code of Federal Regulations (CFR) Part 200 Uniform Requirements. Sole Source Approval All purchases/contracts under this Agreement should be competitively awarded unless circumstances preclude competition. When a purchase/contract exceeds $250,000 and there has been no competition, LubbockPHD must forward justification for the purchase/contract and obtain approval from IIR prior to finalizing the purchase/contract. Consultant Rates Consultant rates (excluding travel or other expense reimbursements) cannot exceed $650 per day (which is $81.25/hour). A detailed justification must be submitted to and approved by IIR prior to obligation or expenditure of consultant rates that exceed the $650 daily rate. Indirect Cost Requirements Prior to charging indirect costs to this subaward, Lubbock PHD must provide either an approved Federal Negotiated Indirect Cost Rate Agreement (NICRA) or other indirect cost allocation plan/rate in accordance with 2 CFR Part 200 to IIR. If an updated NICRA is received by Lubbock PHD, it must be forwarded to IIR within thirty (30) days after receipt from the issuing agency/entity. If the cost allocation plan/rate is to be approved by IIR as the oversighdawarding agency in accordance with 2 CFR Part 200, then Lubbock PHD shall permit IIR and/or its auditors to have access to the records and financial statements of Lubbock PHD as necessary for IIR to comply with its responsibilities. The most recent version of the NICRA or other indirect cost allocation plan/rate shall be provided to IIR during the Agreement closeout process. Records Maintenance Lubbock PHD shall keep and maintain, in accordance with federal rules and regulations, full, accurate, and complete books, accounts, records, and documentation of all income, costs, and expenses pertaining to this Agreement. LubbockPHD shall retain all such books, accounts, records, and documentation for the period specified in the federal rules and regulations or for a period of three (3) years after the expiration, termination, or cancellation of this Agreement, whichever is longer. Anything contained herein to the contrary notwithstanding, if any litigation, claim, or audit is made, filed, or commenced before the expiration of the specified retention period, Lubbock PHD Attachment B— 4134-2024-005 City of Lubbock PubGc Health Department shall retain all books, accounts, records, and documentation until all litigation, claims, or audit findings have been resolved and final action taken. Information Requests Lubbock PHD agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. Monitorin� Lubbock PHD agrees to comply with IIR and the federal funding agency monitoring guidelines, protocols, and procedures and to cooperate on all monitoring requests related to this Agreement, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. Lubbock PHD agrees to provide all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this Agreement. Further, Lubbock PHD agrees to abide by reasonable deadlines set for providing the requested documents. Failure to cooperate with monitoring activities may result in sanctions affecting this Agreement, including, but not limited to, withholdings and/or other restrictions on reimbursement for Lubbock PHD's expenses and termination of the Agreement. Audit Requirements Subrecipients that expend $750,000 or more in federal awards annually shall annually engage an independent, licensed certified public accountant to conduct an annual fiscal audit of their operations. The audit shall be conducted in compliance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200. Lubbock PHD shall permit IIR and/or its auditors to have access to the records and financial statements of Lubbock PHD as necessary for IIR to comply with its oversight and monitoring responsibilities under 2 CFR Part 200 Uniform Requirements. Lubbock PHD shall submit one (1) copy of the audit package to IIR no later than thirty (30) days after receipt from the audit firm. Audit and Inspection of Records IIR, the federal funding agency, the Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives, including, without limitation, independent auditors, shall have the right of timely and unrestricted access to any books, documents, papers, and records of Lubbock PHD that are pertinent to this Agreement, in order to make audits, examinations, excerpts, transcriptions, and copies. This right also includes timely and reasonable access to Lubbock PHD's personnel for the purpose of interview and discussion related to such documents. Corrective Action Lubbock PHD shall take appropriate corrective action within six (6) months after receipt of an audit report (or such shorter period as may be specified by IIR) in instances of noncompliance with federal laws and regulations. 8 Attachment B— 4134-2024-005 City of Lubbock Public Health Department Disallowance In the event that Lubbock PHD claims and receives payments from IIR hereunder, reimbursement for which is later disallowed by IIR or the United States government, Lubbock PHD shall, upon request, promptly refund to IIR the disallowed amount. At its option, IIR may offset the amount disallowed from any payment due or to become due to Lubbock PHD. Nondiscrimination Requirements, Findings of Discrimination. and Epual Employment Opportunit_y Lubbock PHD will not discriminate against any employee or applicant for employment or subcontractor or bidder because of actual or perceived age, race, color, national origin, religion, sex, disability, sexual orientation, gender identity, ancestry, or mental or physical disability, and it shall comply with the applicable federal laws and regulations. If, in the three (3) years prior to the date of the grant award supporting this effort, Lubbock PHD has received any adverse finding of discrimination, or should Lubbock PHD during the active life of this contract receive an adverse finding of discrimination against Lubbock PHD, after a due process hearing or by reason of a U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Office for Civil Rights compliance review, on the ground of race, color, religion, national origin, or sex, Lubbock PHD must submit a copy of the finding to IIR for review. IIR may be required to forward a copy of any such finding of discrimination to the Office for Civil Rights. Lubbock PHD certifies that it is either in compliance with the applicable Equal Employment Opportunity Plan (EEOP) requirements or that it claims a complete or limited exemption from the EEOP requirements and has completed the EEOP Certification Form. Limited English Proficiencv Lubbock PHD agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency, pursuant to information located at http:llwww.lep.�o�. Equal Treatment of Faith-Based Organizations By regulation, DOJ prohibits all recipient organizations from using financial assistance from DOJ to fund explicitly religious activities. Lubbock PHD agrees to avoid such prohibited conduct. For more information, see https:llojp.govlaboutlocr'partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff inembers. Questions in this regard should be directed to the Office for Civil Rights. Arrest and Conviction Records Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. Lubbock PHD agrees to avoid the misuse of arrest or Attachment B— 4134-2024-005 City of Lubbock Public Health Department conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.gov/aboutlocr: pdfs/UseofConviction Advisorv.pdf for more details. Byrd Anti-Lobbving Amendment (31 U.S.C. & 1352) Lubbock PHD will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 United States Code (U.S.C.) § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. LubbockPHD shall (i) comply and, for subawards or subcontracts hereunder that exceed $100,000, require its subcontractors hereunder to comply with the lobbying restrictions of the Byrd Anti- Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees, and, for subawards or subcontracts hereunder that exceed $100,000, its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. Svstem for Award Management (SA1Vp Re�istration Lzrbbock PHD represents that Lubbock PHD's registration in the System for Award Management (SAM) is active and that the SAM registration will be maintained throughout the period of the Agreement. Should the registration become other than active, Lubbock PHD will promptly notify IIR. If the SAM registration is not active, payments to Lubbock PHD for invoices submitted may be delayed until the SAM registration becomes active. If the SAM registration does not return to an active status within thirty (30) days, the Agreement may be terminated. Debarment and Suspension No contract that equals or exceeds $25,000 shall be made to parties listed as suspended or debarred in the SAM. See https:ilwww.sam.gov/SAM/ for more information. LubbockPHD represents that it and its principals are not now and have not been at any time in the last five (5) years suspended, debarred, or otherwise excluded from receiving federal contracts. Lubbock PHD shall not knowingly enter into any lower-tier covered transaction with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Should Lubbock PHD become debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, Lubbock PHD will promptly notify IIR. If Lubbock PHD is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, payments to Lubbock PHD for invoices submitted to IIR may be delayed and/or the Agreement may be terminated. lo Attachment B— 4134-2024-005 City of Lubbock Public Health Department False Claim; Criminal or Civil Violation Lubbock PHD must promptly refer to IIR any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. Americans with Disabilities Act (ADA) Requirements Lubbock PHD shall comply with the Americans with Disabilities Act (ADA) requirements, which guarantee nondiscrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and Lubbock PHD programs, activities, and services, including applicable requirements related to website access and use by the disabled. Political Activities Prohibited None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. Prohibited Use of Funds Under 18 U.S.C. � 1913 La�bbock PHD will not use any funds awarded by the federal government (including through this subaward) to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy at any level of government. Personallv Identifiable Informallon In order for IIR to comply with its obligations related to actual or imminent breaches of information, LubbockPHD agrees to immediately report any suspected, actual, or imminent breach of personally identifiable information related to its performance under this Agreement to IIR and conform with other procedures as required by the "IIR Breach of Personally Identifiable Information Procedures" provided to Lubbock PHD as Attachment C and incorporated by reference here or as may also be required by Lubbock PHD's state law. Text Messaging Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by DOJ and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. [i Attachment B— 4134-2024-005 City of Lubbock Public Health Department Trafficking in Persons Lubbock PHD agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of Lubbock PHD and any subrecipients or employees of Lubbock PHD or its subrecipients. The details of Lubbock PHD's obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov.�funding; Explore.!Prohibited Conduct-Traffickin .g htm. Right, Title, and Interest Lubbock PHD shall retain Lubbock PHD's copyright in all original works of authorship fixed in any tangible medium of expression that are prepared, developed, or written by Lubbock PHD as part of the work hereunder. Lubbock PHD hereby grants to the federal awarding agency through IIR (hereafter IIR) and to IIR's successors, assigns, and licensees (i) permission to record, by any means, all speeches and presentations made by Lubbock PHD or others on behalf of Lubbock PHD as part of the work hereunder and (ii) a nonexclusive, irrevocable, worldwide license to distribute, reproduce, use, display, exhibit, exploit, publish, prepare derivative works, sublicense, sell, and otherwise dispose of the work and all data, reports, research, content, programs, information, speeches and presentations (together with all handouts, outlines, and ancillary materials), articles, papers, documents, products, recordings (including, without limitation, recordings made by IIR pursuant to this section), materials (including, but not limited to, written or electronically stored materials or ideas), and other original works of authorship fixed in a tangible medium of expression that are prepared, developed, made, generated, created, written, conceived, originated, furnished, performed, presented, or modified by Lubbock PHD or others on behalf of Lubbock PHD as part of or in connection with the work to be performed or furnished under this Agreement (collectively referred to as "developments"), anywhere throughout the world, in any medium that exists or that may hereafter be developed, free of any royalty or license fee whatsoever. Lubbock PHD acknowledges that this Agreement is funded by federal funds and that the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and authorize others to use (in whole or in part, including in connection with derivative works) for federal purposes (i) any work subject to copyright developed under an award or subaward and (ii) any rights of copyright to which a recipient or subrecipient purchases ownership with federal support. Lubbock PHD acknowledges that unless waived by the federal awarding agency, the federal government has the right to (i) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward and (ii) authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes. Nothing contained herein shall be construed to abridge, modify, or limit the rights of the federal government in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the federal awarding agency. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data — General). 12 Attachment B— 4134-2024-005 City of Lubbock Public Health Department It is the responsibility of Lubbock PHD (and of each subrecipient, if applicable) to ensure that this condition be included in any subaward under this award. Lubbock PHD has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill Lubbock PHD's obligations to the government under this subaward. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the government such rights, La�bbock PHD shall promptly bring such refusal to the attention of IIR and not proceed with the agreement in question without further authorization from IIR. The parties agree that any breach of either party's obligations related to right, title, and interest may result in irreparable and continuing injury and damage to the affected party for which there will be no adequate remedy at law, entitling the affected party to injunctive relief and a decree for specific performance, together with such other relief as may be proper (including monetary damages). Patent Rights Clause With respect to any subject invention in which Lubbock PHD or a subaward recipient or subcontractor retains title, the federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world. Lubbock PHD will include this Patent Rights Clause, suitably modified to identify the parties, in all subawards and subcontracts, regardless of tier, for experimental, developmental, or research work. The subaward recipient or subcontractor will retain all rights provided for the award recipient in this clause, and the award recipient will not, as a part of the consideration for awarding the subaward or subcontract, obtain rights in the subaward recipienYs or subcontractor's subject inventions. Communication on matters relating to this Patent Rights Clause should be directed to IIR, which will review and forward them to the General Counsel, OJP, DOJ. Association of Communitv Organizations for Reform Now (ACORN) Lubbock PHD understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. Airfare Lubbock PHD understands and acknowledges that no federal funds shall be used to pay for any part of air travel that includes business or first-class seating except as authorized by IIR prior to booking such tickets. Travel Reimbursement; Meals and Lodging Lubbock PHD understands that meal and lodging expenses must conform to the limits established by the U.S. General Service Administration as published at http:i!www.��. Authorized travel will be reimbursed in accordance with IIR's Travel Policy for Non-IIR Employees. 13 Attachment B— 4134-2024-005 City of Lubbock Public Health Department Food and/or Beverages Lubbock PHD understands and acknowledges that for purposes of this subaward, food and/or beverage expenses are not allowable expenses for training sessions, meetings, conferences, or other similar functions. Meeting Rooms and Audiovisual Lubbock PHD understands and acknowledges that utilization of and costs for meeting rooms and audiovisual services must comply with the requirements included in the DOJ Grants Financial Guide. Indemnification To the fullest extent permitted by law, each party shall forever indemnify, defend, and hold harmless the other party, its officers, directors, employees, representatives, agents, members, and affiliates and each of its or their heirs, personal representatives, successors, and assigns, from and against any and every claim, demand, liability, loss, damage, action, debt, judgment, execution, cost, and expense (including reasonable attorney fees and court costs), of whatever kind or nature, that may be asserted against or suffered or incurred by the foregoing indemnities, or any of them, and that arise, directly or indirectly, either in law or in equity, as a result of any misrepresentation or breach of any warranty, covenant, obligation, or term by the indemnifying party hereunder, or by reason of any act or omission of the indemnifying party, its officers, employees, subcontractors, subrecipients, representatives, or agents in the performance of the work. Insurance Without limiting its obligations hereof, Lubbock PHD shall procure, maintain, and keep in force during the term hereof the following insurance coverage: (i) workers' compensation insurance in any amount required by law; (ii) employer's liability insurance in amounts required by law; (iii) comprehensive general liability insurance with coverage of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury and property damage; (iv) comprehensive automobile liability insurance for owned, hired, or non-owned vehicles used in performance of the work, with a minimum combined single limit of $1,000,000 for bodily injury and property damage; and (v) all other insurance required by local, state, and federal laws. As used herein, "insurance coverage" encompasses self-insurance maintained by government agencies. Lubbock PHD will provide Certiiicates of Insurance upon request by IIR. Terminallon Due to Unavailability of Federal Funding This Agreement is subject to and contingent upon the continuing receipt of federal funds from the federal awarding agency for the purposes set forth herein. If, for any reason, such funds are not granted or appropriated or are suspended, withdrawn, discontinued, limited, impaired, reduced, cancelled, or otherwise made unavailable, in whole or in part, IIR may terminate or modify this Agreement, in whole or in part, effective immediately upon written notice to Lubbock PHD. 14 Attachment B— 4134-2024-005 City of Lubbock Public Health Department Applicable costs incurred up to the effective date of the termination will be reimbursed by IIR in accordance with the compensation clauses detailed in the Agreement. Cancellation for Cause In the event that either party (i) becomes insolvent, subject to receiverships, or voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; (ii) makes any misrepresentation hereunder or breaches any warranty, covenant, obligation, or term hereof, including, without limitation, the failure to satisfactorily perform the work within the time requirements specified in this Agreement; or (iii) takes or omits to take any action that endangers the timely and satisfactory performance of the work (hereinafter the "defaulting/breaching party"), then the canceling party may, in addition to and not in limitation of all other rights and remedies specified in this Agreement or available at law or in equity, cancel all or part of this Agreement for cause. Cancellation shall be effective upon written notice to the defaulting/breaching party (or any date specified therein), provided that such cancellation may be exercised only after notice of default or breach to the defaulting/breaching party and the subsequent failure of the defaulting/breaching party, within five (5) business days of such notice, to provide evidence satisfactory to the canceling party that the declared default of breach has been corrected. Termination for Force Ma_ieure This Agreement is subj ect to any unforeseeable circumstance beyond the reasonable control of and without fault or negligence of a party that makes it illegal or impracticable for such party to perform its material obligations hereunder (an event of force majeure), including, without limitation, acts of God, war, national emergency, terrorism and/or response thereto, government regulations, strikes, and civil disorder. This Agreement may be terminated upon the occurrence of an event of force majeure by written notice from the affected party to the other. Disqutes The parties agree to use their best efforts to resolve any disagreement that arises out of this Agreement prior to seeking remedy by law. Use of Name Neither party shall use the other party's name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may use factual information regarding the existence and purpose of the relationship that is the subject of this subaward for legitimate business purposes, to satisfy any reporting and funding obligations, or as required by applicable law or regulation without written permission from the other party. In any such statement, the relationship of the parties shall be accurately and appropriately described. In signing this Agreement, Lubbock PHD provides its written approval as required by this section to IIR for IIR's use in publicizing or discussing efforts funded by this subgrant. 15 Attachment B— 4134-2024-005 City of Lubbock Public Iiealth Department Severabilitv If any term, covenant, condition, or provision of this Agreement is determined to be invalid or unenforceable, then the remaining terms, covenants, conditions, and provisions hereof shall continue to be enforceable to the fullest extent provided by law. Captions Captions used in this Agreement are provided for convenience of reference only and shall not be used to construe meaning or intent. Waivers and Remedies A waiver of any covenant, term, or condition of this Agreement shall be valid only if in writing, duly executed by the party to be bound thereby. No waiver of any covenant, term, or condition of this Agreement shall be construed to be a waiver of any other covenant, term, or condition, nor shall it be construed to constitute a waiver of any subsequent or continuing breach of the same covenant, term, or condition. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided in this Agreement or by law in equity. Entireties This Agreement, which includes Attachments A through F and Lubbock PHD's response to the solicitation hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained in this Agreement, and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, that may have been made in connection with the subject matter hereof. No modification or amendment of this Agreement shall be binding unless the same is in writing and signed by the respective parties hereto. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. Survival Anything contained herein to the contrary notwithstanding, the rights, obligations, representations, warranties, covenants, terms, and provisions shall remain in effect and shall survive the termination, expiration, or cancellation of this Agreement, whether by expiration of time, operation of law, or otherwise. 16 Attachment C— 4134-2024-005 Citv of Lubbock Public Health ATTACHMENT C Institute for Intergovernmental Research (IIR) Sreach of Personally Identifiable Information Procedures (September 2018) These procedures apply to any actual, imminent, or attempted but unsuccessful breach of personally identifiable information (PII) created, collected, used, processed, stored, maintained, disseminated, or disclosed by the Institute for Intergovernmental Research (IIR) by IIR employees and those performing efforts on behalf of IIR. � •._�__�_� �_ • Personally identifiable information encompasses "personal information," as may be defined by state law, as well as any other information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. � • Breach means the loss of control over, the unauthorized disclosure or acquisition of, or any similar occurrence affecting IIR PII where: (1) An unauthorized user accesses or potentially accesses PII; or (2) An authorized user accesses or potentially accesses PII for an other- than-authorized purpose.2 "Breach" includes attempted but unsuccessful attempts, events such as the loss or theft of physical documents containing PII, the loss or theft of portable electronic devices storing PII, the inadvertent disclosure of PII on a public website, or oral disclosure of PII to a person not authorized to receive that information.3 A reported or known incident may, upon investigation, later be determined to have involved a breach of PII. • Incident is an occurrence that (1) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (2) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.4 � See 2 Code of Federal Regulations (CFR) § 200.79. PII, for breach purposes, may include infocmation about an indrvidual that is available in pubhc sources The term "PI[" �s necessanly broad To determine whether breached mformation �s PIL IIR must perform on a case-by-case basis an assessment of the specific risk that an mdividual can be �denhfied using the mfortnation with other information that is linked or linkable to ihe individual and appl�cable federal and state law. PII, for breach purposes, might not include infomiation that is encrypted, secured, anonymized, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. See, for example, Office of Management and Budget (OMB) M-17-12 at h�s: obamawhitehouse.archives.aov sites.default/tiles/omb:memoranda/2017 m-17-12 O.adf. 'OMB M-17-12. 3 Good-faith access of personal infonnation by an employee or agent of IIR may not constitute a breach, provided that the information �s not used for a purpose unrelated to the busmess or sub�ect to further unauthorized use State statutory definrtions of"breach" must also be reviewed in states where IIR employees or those performing eflorts on behalfof IIR deal with Pll (e.g., Section 501.171, Florida Statutes, and Tennessee Code §47-18-2107). 'OMB M-17-12. 17 Attachment C— 4134-2024-005 City of Lubbock Public I3ealth Department IIR Breach Standards IIR shall take reasonable measures to protect and secure data in electronic or any other form containing PII and shall promptly respond to any suspected or actual breach of PII. In handling PII, IIR is responsible for providing information security protections against the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or direction of: (1) Information collected or maintained by IIR or on behalf of entities for which IIR is performing services or efforts. (2) Information systems used or operated by IIR on behalf of entities for which IIR is performing services or efforts. Any third party acting on behalf of IIR who handles, maintains, or accesses systems for IIR that contain PII shall follow these IIR standards and procedures. Any reported suspected or actual breach of PII involving IIR operations or the operations of those acNng on behalf of IIR must be promptly addressed. IIR will conform with all required breach notifications or other obligations related to IIR breaches of PII, as defined by applicable federal and state laws.5 All IIR employees and any other individuals handling, maintaining, or accessing PII on behalf of IIR at any location shall immediately report a suspected or confirmed breach in any form to the IIR Chief Information Officer (CIO). Do not wait for confirmation that a breach has in fact occurred before reporting a suspected breach to the CIO. Undue delay may undermine IIR's ability to apply preventative and remedial measures to protect the PII or reduce the risk of harm to potentially affected individuals. Any misplaced, lost, or potentially stolen device containing PII should be reported to the CIO immediately, even if there is a belief that the device may later be located.6 If the CIO is unavailable, notify an IIR manager. That manager must then promptly ensure that appropriate IIR IT security personnel are immediately notified. The CIO will notify the IIR Chief Executive Officer (CEO) of the actual or suspected breach and take appropriate steps to respond to any actual or suspected breach, including ensuring that required notifications are timely made.� The CIO may enlist the assistance of others within IIR to help implement a prompt and effective response to a breach and to ensure that applicable federal and state law requirements are met. The response of IIR shall ' Sectwn 501.171, Flonda Statutes, apphes ro IIR's Flonda actrvWes, smce IIR is a Flonda corporat�on Tennessee Code § 47-18-2107 applies to IIR's Tennessee-sited activities. Statutes ofother states in which IIR employees or agents handle PII may also apply on a case-by-case basis. 6 Such devices include, but are not limited to, laptops, tablets, and cell phones. � Notices may be required by federal or state law, grant special conditions, or govemment rules or regulations. 18 Attachment C— 4134-2024-005 City of Lubbock Public Health take into account the nature of the breach, the context in which the PII has been breached, and the actual or probable risk of harm to individuals potentially affected by a breach.g Failure by IIR employees to conform with these requirements may result in discipline. Failure by entities under contract with IIR to conform with applicable requirements may result in termination of their contractual status. � .i i- � - - : �_ • . . �. _ • � • _ . . � : �. ► � �. _ . . �. � .� � ' = - ' � � ' � When IIR, as a grant recipient, uses or operates a federal information system9 or creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of PII within the scope of a federal award, IIR shall ensure that its procedures to respond to a breach are followed and that IIR conforms with any terms and conditions imposed by its client(s) in the event of a breach. As required by federal grant conditions, IIR must report an actual or imminent breach of PII to an OJP (award) Program Manager no later than 24 hours after an occurrence of an actual breach or the detection of an imminent breach. Comnliance With State Notice Reauirements IIR and entities acting on behalf of IIR shall ensure that they comply with all notification obligations required by state law applicable to the site in which IIR activities involving PII are occumng. After-Action Renort The IIR CIO shall conduct an internal analysis of any attempted or actual breach of PII collected or maintained by IIR to determine whether additional security standards or other procedures are needed and whether all required actions, notifications, and responses have occurred in a timely fashion. The CIO should forward a formal written after-action report to the IIR CEO, including any suggested revisions to current procedures or needed additional security standards. e For example, a generic list of law enforcement personnel and their associated office phone numbers may not be of concem. However, a list of law enforcement personnel engaged in undercover investigations, a list revealing family members or residential addresses, and PII revealing personal medical info►mation are of concem. ' See OMB Cireular A-130. 4134-2024-005 Lubbock PHD Subaward Agree Attach A-B-C mar24 19 Institute for Intergovernmental Research SECTION 2—Applicability for Sub Reporting of Compensation Information QUESTION 1: During your preceding fiscal year, did your company (under this DUNSISAM UEI #) receive: (a) 80 percent or more of your annual gross revenues in federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; AND NO (b) $25,000,000 or more of your annual gross revenue from federal awards? If both (a) AND (b) are yes, enter "YES' ; if not, enter "NO" in the space to the right. OUESTION 2: Does the public have access to information about the compensation of the top five highest-paid executives of your company through periodic reports filed under EITHER Section 13(a) or I S(d) of the Securities Exchange Act of 1934 (l5 U.S.C. 78m(a), 78o(d)) OR Section 6104 of the Intemal Revenue Code of 1986 NA [26 USC § 6104]. Enter either "YES" or "NO" in the space to the right. /fyott nirswered "YES" lo questio�r I AND J�ou nns►verer/ "NO" !o qr�estio�r 2 nbove, then enler tGe dntn i►r Sectiow 3 be%w. /Jyorr lenne nny othei co»rbinnlio�r of nirswers !o questions 1 nnd 2, llren you do aot nee�llo complete Sec6on 3. SECTION 3—Compensation of Highly Compensated Officers Enter total compensation* earned in the preceding fiscal year per the Enter the names of the top five highly compensated officers in descending order: instructions below: *Total Compensation shall be calculated based on the sum of (1) through (6) below: (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. (3) Earnings for services under nonequity incentive plans. This does not include group life, health, hospitalization, or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above-market earnings on deferred compensation, which is not tax-qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites, or property) for the executive exceeds $10,000. Rev 9/2023 Subaward FFATA Reporting Data Sheet—Attachment D Attachment E - Award Additional/Special Conditions to Cooperative Agreement 15PBJA-21-GK-01074-MUMU Supplement 02 Award Conditions Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under O�P 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 (Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Page 1 of 20 Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from O�P. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to O�P awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C. F. R. 200.334. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Page 2 of 20 Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to O�P in the manner (including within the timeframes) specified by O�P in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Page 3 of 20 Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 10 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full Page 4 of 20 below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government 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 and/or 1621, and/or 34 U.S.C. 10271-10273), 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. 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(fl, and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 14 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). Page 5 of 20 B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) 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 (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a"Tentative Nonconfirmation" or a"Final Nonconfirmation") to confirm Page 6 of 20 employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. 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. E. Nothing in this condition, including in paragraph 4.6., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to O�P, before award acceptance. 15 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of Page 7 of 20 suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "O�P financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 1 S, 2020, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead O�P to impose additional appropriate conditions on this award. 19 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, 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 (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Page 8 of 20 The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption o� such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption ofl such obligations only if expressly authorized to do so by that agency. Page 9 of 20 20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable tnformation (PII)" (2 CFR 200.1) within the scope of an OJP grant-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 an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, 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 OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. 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. Page 10 of 20 23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") 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 safery policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a"subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authoriry to terminate award) Page 11 of 20 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct- Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal 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 provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project- scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of�ustice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616- 9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. Page 12 of 20 29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first- tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") 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. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any 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 grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Page 13 of 20 31 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 32 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in �ustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/training-entity-management. 33 The recipient agrees that no funds under this grant 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. 34 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 35 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 36 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all O�P policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Page 14 of 20 37 Confidentiality of data The recipient (and any 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 that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 38 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 39 Recipient understands and agrees not to engage in activities constituting organizational conflicts of interest, such as bidding on specifications it guided as part of the provision of training and technical assistance under this award. Actions that may give rise to organizational conflicts of interest under awards are described in the Procurement Standards in 2 C.F.R. Part 200 (the Part 200 Uniform Requirements) and the DOJ Grants Financial Guide. Prior approval from the grant manager is required for any work with an organization or entity that would receive training or technical assistance under this award. 40 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�ustice 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 Page 1 S of 20 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. 41 The recipient agrees to submit to B�A for review and approval any product (e.g., curricula, training materials, publications, reports, videos, or any other written, web-based, or audio- visual, or other materials) that will be developed and published under this award at least thirty (30) working days prior to the targeted dissemination date. The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. Any products developed under this award, (with the exception of press releases, web sites, and mobile applications), shall contain the following statements: 'This project was supported by Grant No. <Award_Number> awarded by the Bureau ofJustice Assistance, Office of�ustice Programs, U.S. Department of Justice. 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�ustice." (Note: A separate disclaimer has been developed and is required for web sites and mobile applications. No disclaimer is required for press releases.) 42 Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) name of event; 2) event dates; 3) location of event; 4) number of federal attendees; 5) number of non-federal attendees; 6) costs of event space, including rooms for break-out sessions; 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs of printing and distribution; 10) costs of ineals provided during the event; Page 16 of 20 11) costs of refreshments provided during the event; 12) costs of event planner; 13) costs of event facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) meals and incidental expenses (M&IE portion of per diem); 2) lodging; 3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g., rental car, PO� at event location. Note that if any item is paid for with registration fees, or any other non-award funding, then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data, and how to determine costs, are available in the DOJ Financial Guide Conference Cost Chapter. 43 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of�ustice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 44 Statement of Federal Involvement Due to the substantial Federal involvement contemplated in completion of this project, the B�A has elected to enter into a cooperative agreement rather than a grant. This decision is based on OJP and B�A's ongoing responsibility to assist and coordinate projects that relate to the funded activities. OJP and B�A will provide input and re-direction to the project, as needed, in Page 17 of 20 consultation with the recipient, and will actively monitor the project by methods including, but not limited to, ongoing contact with the recipient. In meeting programmatic responsibilities, OJP, B�A, and the recipient will be guided by the following principles: responsibiliry for the day- to-day operations of this project rests with the recipient in implementation of the recipient's approved proposal, the recipient's approved budget, and the terms and conditions specified in this award. Responsibility for general oversight and redirection of the project, if necessary, rests with BJA. In addition to its programmatic reporting requirements, the recipient agrees to provide necessary information as requested by OJP and BJA. Information requests may include, but are not limited to, specific submissions related to: performance, including measurement of project outputs/outcomes; meeting performance specifications; developmental decision points; changes in project scope or personnel; budget modifications; and/or coordination of related projects. 45 The recipient agrees to track and report to B�A on its training and technical assistance activities and deliverables progress using the guidance and format provided by BJA. 46 Required attendance at BJA-sponsored events The recipient (and its subrecipients at any tier) must participate in B�A-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 47 Limit on use of grant funds for grantees' employees' salaries With respect to this award, 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 this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 48 Recipient integriry and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to 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 Page 18 of 20 the performance ofl either this OJP 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 (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integriry and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 49 Cooperating with OJP Monitoring The recipient agrees to cooperate with O�P monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 50 The recipient agrees to budget funds for two staff representatives to attend one three-day national meeting in Washington, D.C. each year for the life of the grant. (If a national meeting is not planned, funds must be used to attend a BJA approved training.) In addition, the recipient agrees to participate in BJA training events, technical assistance events, or conferences held by BJA or its designees, upon request. 51 Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated Aug. 2017) The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program manager, in a format acceptable to O�P, a formal written certification directed to OJP and executed by an official with authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as described below)-- (1) has filed all Federal tax returns required for the three tax years immediately preceding the tax year Page 19 of 20 Attachment F --�.ati:.roF�G . �� ' ��`, :' � � S � '�': Y j � 'Ff. .,..� .r; �o`;% l��UtiTICF.� - Bureau of Justice Assistance (BJA) Comprehensive Opioid, Stimulant, and Substance Use Program (COSSUP) Reaching Rural Implementation Funding Application Initiative Overview and Application � Introduction The United States is experiencing a crisis of drug overdose deaths. While no corner of the country has gone untouched by the overdose crisis, it has hit rural America particularly hard. In July 2022, the Centers for Disease Control and Prevention (CDC) noted that drug overdose death rates continue to rise in rural and urban areas. In eight states—California, Connecticut, Maryland, New York, North Carolina, North Dakota, Vermont, and Virginia—the rate of drug overdose deaths in rural counties was higher than in urban counties. BJA, CDC, and SJI support this initiative as part of an ongoing interagency partnership to strengthen public safety and public health collaboration under BJA's Comprehensive Opioid, Stimulant, and Substance Use Program (COSSUP). COSSUP provides funding and training and technical assistance (TTA) to state, local, tribal, and territorial partners to support a comprehensive response to illicit substance use and misuse; reduce overdose deaths; promote public safety; and support access to prevention, harm reduction, treatment, and recovery services in the community and justice system. The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA), the Centers for Disease Control and Prevention (CDC), and the State Justice Institute (SJI) are co-sponsoring this initiative.' The Institute for Intergovernmental Research (IIR) is releasing this solicitation on their behalf. 1 The Reaching Rural initiative and associated funding are continuations of the work done under the Rural Responses to the Opioid Epidemic (RROE) initiative. About the Opportunity The Reaching Rural Implementation grant is designed for rural communities participating in the Reaching Rural planning fellowship. Only those individuals or jurisdictions who will complete the Reachin� Rural Fellowship in December 2023 are eligible to apply for this opportunity. The implementation funds provided through this opportunity are intended to provide up to $100,000 over a 15-month grant award period to either launch a project planned during the Reaching Rural fellowship, implement a new r:::....' JJV J :•:•. ... v.... Comprehensive Opbid, Stlmulant, and Subs[ance Use Program s�ace ��$:rce rn�uc�c� initiative, or enhance an existing initiative, that aligns with the allowable funding categories outlined in this solicitation. Communities seeking longer-term federal funding are encouraged to apply for the Comprehensive Opioid, Stimulant, and Substance Use Pro�ram (COSSUP� grant during their first year of the implementation grant. Eligibility to Apply The applicant agency may be a county, city, or tribal entity. All proposed activities supported under this solicitation are designed for rural communities. To determine if your community is defined as "rural," please use the Rural Health Grants Eli�ibility Analyzer, a tool maintained by the Health Resources and Services Administration (HRSA). If you believe your community is rural but not identified as such by the HRSA tool, please provide documentation that your community has been designated rural by an alternative state or federal agency. Implementation grants are designed to provide up to $100,000 over a 15-month grant award period to applicants that will complete the Reaching Rural Fellowship in December 2023 who: � Apply with a team that demonstrates a cross-sector partnership that, at a minimum, includes at least one justice or public safety practitioner, at least one public health representative, and at least one behavioral health practitioner; and � Have an identified Project Coordinator. The Project Coordinator will serve as the primary point of contact for the initiative and will a) provide monthly progress and performance data to federal funders and IIR; b) document challenges in implementation and successful strategies developed; and c) submit semiannual progress reports to federal funders and IIR and ensure timely submission of all reporting elements; and � Propose a project that aligns with the allowable uses associated with this funding opportunity; and 1 Demonstrate the ability to launch their initiative within three months of being awarded funds. Implementation grants are designed for rural communities that have not previously received and/or are not currently receiving federal funding from the Bureau of Justice Assistance through the Comprehensive Opioid, Stimulant, or Substance Use Program (COSSUP) (or earlier iterations, including the Comprehensive Opioid, Stimulant, or Substance Abuse Program or the Comprehensive Opioid Abuse Program) as either a grantee or a subgrantee. Participating in the Reaching Rural planning initiative does not guarantee that a community will be awarded an implementation grant. Benefits of Receiving an Implementation Grant Participation in the implementation grant includes: � Funding to launch a project developed during the Reaching Rural planning initiative or to implement or enhance an initiative that aligns with the allowable funding categories outlined in this solicitation. � Coaching and support during implementation. 1 Access to a diverse network of peers, innovative rural communities, and technical assistance (TA) providers. Time Commitment Associated with the Implementation Grant Each grantee will need to identify a Project Coordinator. Coordinators will participate in quarterly all-site calls with all implementation 2/ Reaching Rural Implementation Funding Application grantees. These calls will be mandatory and will be scheduled for two hours. All project partners, including the coordinators and their partners, will participate in an all-site call at 7 months and 15 months to report on their project's progress. This call will be scheduled for a half day. Allowable Funding Activities Grant funds may be used to develop or implement any combination of the allowable activities described below. Proposed projects must be cross-sector and collaborative in nature, engage a justice-involved population, and focus on prevention, recovery, treatment, and/or harm reduction. Applicants are strongly encouraged to propose projects that can be sustained and/or projects that can be integrated into existing etforts within your community and/ or region. The target population for all activities is justice-involved individuals with substance use or co-occurring disorders. The budget cannot exceed $100,000 for a 15-month grant award period. Funds may be used to pay for personnel, benefits, supplies, and training, to lease a vehicle and/or to rent office space. Unallowable funding activities include: prizes, rewards, entertainment, trinkets, or any other monetary incentives; client stipends; gift cards; the purchase of vehicles, buildings, drones, or food and beverages; and construction. 1. Programs or Strategies that Connect Justice- Involved Individuals to Care Funds may be used to provide connections to care for people in the justice system who have substance use disorders or co-occurring substance use and mental health conditions through programs or strategies that: � Support pre-arrest law enforcement diversion and deflection strategies, prosecutor diversion programs, pretria) diversion programs, or court- diversion programs that provide recovery support and/or access to substance use treatment � Provide case management, evidence-informed treatment, medication-assisted treatment, recovery support, harm reduction, or other services to incarcerated people with a substance use disorder, leaving jail, under community corrections supervision, or in re-entry programs. 2. Programs or Strategies that Support People in Treatment and Recovery Funds may be used to support and promote programs or strategies that: � Embed or co-locate peer recovery support specialists, recovery support court navigators, or social workers, in justice or public safety settings to increase access to recovery support services to individuals and their families. Provide access to housing for justice-involved people with a substance use disorder or co- occurring disorder, including supportive housing, recovery housing, or recovery housing programs. Provide transportation to treatment or recovery services for justice-involved persons with substance use disorders and/or co-occurring disorders. Provide employment training or educational services for justice-involved persons with substance use disorders and/or co-occurring disorders, such as job training, job placement, interview coaching, and community college or vocational school courses. Engage non-profits, faith-based communities, and community coalitions to support justice-involved people in treatment and recovery and their families. 3. Programs or Strategies that Prevent Overdose Deaths Funds may be used to support efForts to prevent overdose deaths or other substance use-related harms through strategies that: 3/ Reaching Rural Implementation Funding Application � Increase the availability of naloxone to justice- involved persons, including persons released from jails and prisons or people on pretrial or probation supervision. 4. Programs or Strategies that Support Coordination Across Sectors Applicants may elect to fund a coordinator to facilitate cross-sector initiatives. This coordinator may be the same as the project coordinator for the Reaching Rural planning initiative or a different person. If a coordinator is funded, they must be primarily engaged in activities that are cross- sector in nature versus serving a single agency or discipline. Appropriate roles for a coordinator include: • Helping the local or regional cross-sector team maintain a systemic focus over time (e.g., working on projects that benefit multiple agencies, not a single agency). • Facilitating communication among cross-sector agencies. Establishing a communications strategy to provide policymakers, practitioners, and the public with information about the initiative, including documenting and promoting local achievements. • Guiding the planning and implementation of local initiatives, including a comprehensive, cross-agency strategy for achieving the goals and objectives of the initiative. ensuring follow-up to key action items and proposals. Guiding the development, evaluation, and improvement of business processes, policies and procedures, and other protocols commonly associated with information management and data sharing, integration, and analysis. • Maintaining partnerships with internal and external partners such as other city, county, and state agencies; community organizations; advocacy groups; and nonprofit organizations, foundations, and private entities. � Applicants may propose to host a local or regional training on best practices for addressing the needs of criminal justice-involved persons with substance use and any co-occurring substance use and mental health conditions to law enforcement, correctional, orjudicial personnel or providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in the sections above. This may include hosting a day-long cross-sector training. No more than $20,000 of the total budget can be used for training and/or conference support. The cost of supporting travel for speakers for this event is an allowable expense. Speaker fees are capped at $850 per day. The cost of providing food or beverages at local or regional training is not an allowable expense under federal auidelines and cannot be included in the budget. • Cultivating and maintaining effective partnerships with key public health/behavioral health stafF and public safety/criminal justice stafF to achieve the goals and objectives of the initiative, with strategic attention to cross- agency data sharing and data integration. • Coordinating and convening workgroups and required subgroups of the initiative and Additional Mandatory Application Requirements Team Letters of Commitment Each named team member must submit a letter that demonstrates cross-sector support of this project and agreement to participate in project activities, including active engagement in the virtual kickoff 4/ Reaching Rural Implementation Funding Application event, potential peer exchanges, onsite TA, regular communication with the project coordinator and coaches, and assistance with developing the final comprehensive, cross-sector strategy for achieving the goals and the objectives of the planning process. Letters should respond to the following: How can you, in your role, meaningfully contribute to the team's work over the next year and improve your community's response to substance use? We recognize that each sector plays a difFerent role and that not every role is responsible for direct service delivery. � Express commitment to the time requirements. Important: If a team member is not an elected official, judge, or agency/department director, the individual must also submit a letter from their agency director indicating their support for the team member's engagement in the project. Budget and Associated Documentation The Budget Worksheet and the Budget Narrative are combined in a single document collectively referred to as the Budget Worksheet. The Budget Worksheet is a user-friendly, fillable, Microsoft Excel-based document designed to calculate totals. The Excel workbook contains a worksheet for your budget and proposed activities, which you should use to cover the full 15 months of your project. Using the Activities tab, complete the budget and use the budget narrative in each section to explain the necessity of the expenses. All applicants should use the Excel version when completing the proposed budget in an application, except in cases where the applicant does not have access to Microsoft Excel or experiences technical difFiculties. If an applicant does not have access to Microsoft Excel or experiences technical difficulties with the Excel version, the applicant should use the 508-compliant accessible Adobe Portable Document Format (PDF) version. The Excel version of the Budget Detail Worksheet can be accessed at http://s.iir.com/ pK4jeVKS and the PDF version can be accessed at http://s.iir.com/kVf�sPtc. The Budget Worksheet should provide the detailed computation for each budget line item, listing the total cost of each and showing how it was calculated by the applicant. For example, costs for personnel should show the annual salary rate and the percentage of time devoted to the project for each employee paid with federal funds. The Budget Detail Worksheet should present a complete itemization of all proposed costs. For questions pertaining to budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide at ht�t 7s://oj�.�c. ov/financialc�uide/DOJ/ index.htm. The Budget Summary page will auto-calculate from the Activities tab and will reflect the amounts in the activity categories. The Budget Worksheet should be uploaded via the application survey. Indirect Cost Rate Agreement (if applicable) Indirect costs may be charged to an award only if: The recipient has a current (unexpired), federally approved indirect cost rate; or b. The recipient is eligible to use, and elects to use, the de minimis indirect cost rate described in the Part 200 Uniform Requirements, as set out at 2 CFR 200.414(fl. An applicant with a current (unexpired) federally approved indirect cost rate must upload a copy of the indirect cost rate agreement via the application survey. An applicant that does not have a current federally approved rate may request one through its cognizant federal agency, which will review all documentation and approve a rate for the applicant entity, or, if the applicant's accounting system permits, applicants may propose to allocate costs in the direct cost categories. Certain OJP recipients have the option of electing to use the de minimis indirect cost rate. An applicant 5/ Reaching Rural Implementation Funding Application that is eligible to use the de minimis rate and wishes to use the de minimis rate should upload written documentation via the application survey that advises OJP of both (1) the applicant's eligibility to use the de minimis rate and (2) its election to do so. If an eligible applicant elects the de minimis rate, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. The de minimis rate may no longer be used once an approved federally negotiated indirect cost rate is in place. (No entity that ever has had a federally approved negotiated indirect cost rate is eligible to use the de minimis rate.) For the de minimis rate requirements (including information on eligibility to elect to use the rate), see the Part 200 Uniform Requirements, at 2 C.F.R. 200.414(fl. This document should be uploaded via the application survey. Applicant Certification (Required) deidentified data and being interviewed by an external evaluator. This document should be uploaded via the application su rvey. Accounting System and Financial Capability Questionnaire (Required) All applicants must download, complete, and submit this form: https://www.o�p.aov/financialcapabilit�pdf. This document should be uploaded via the application survey. Post-Award Requirements Quarterly Collaborative Calls The recipient of the funds will be required to have the project coordinator participate in quarterly all-site calls with all implementation grantees. These calls will be mandatory and will be scheduled for two hours each. These calls will be led by IIR and project partners. The applicant agency must provide a statement of assurance signed by the authorized representative of the applicant (e.g., county commissioner, tribal leader, county manager, mayor, etc.) organization stating that: � Federal funds made available through this award will not be used to supplant state, local, or tribal funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for the activities addressed in the application. There has been appropriate coordination with all afFected agencies. The project coordinator will agree to work with BJA and its representatives as well as the selected BJA COSSUP training and technical assistance provider(s) and partner agencies. � The grantee agrees to be part of a cross-site evaluation, which will involve the collection of All-Sites Calls All project participants, including the coordinators and their partners, will participate in an all-site call at 7 months and 15 months to report on their project's progress. This call will be scheduled for a half day and will be led by IIR and project partners. Monthly and Final Reporting The recipient of funds under this solicitation will be required to submit to IIR monthly progress reports, financial invoices no more than monthly but at least quarterly, a final progress report, and, if applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Recipients will be reimbursed for eligible expenses upon receipt of invoices and appropriate documentation. Future awards and fund drawdowns may be withheld if reports are delinquent. b/ Reaching Rural Implementation Funding Application Selection Process We are committed to ensuring a fair and open process for this initiative. Submitting an application will not guarantee selection to participate in this initiative. The review committee will consist of federal sponsor (BJA, CDC, SJI) representatives, select rural practitioners, IIR, and the coaches from the Reaching Rural planning initiative. The project partners will review and score applications with the final approval of BJA, CDC, and SJI. All selection decisions are final. BJA, CDC, and SJI will be consulted on all aspects of the project, including site selection. How to Apply All application components must be submitted via online application here: http://s.iir.com/e6esbpEm. The Excel version of the Budget Detail Worksheet can be accessed at http://s.iir.com/pK4jeVKS and the PDF version can be accessed at http://s.iir.com/kVfgsPtc. A PDF copy of the application questions can be accessed at http://s.iir.com/GzsaA8dA. All required application components must be submitted via online application no later than 5:00 p.m. ET on November 20, 2023. Applicants will receive a notice of submission upon completion of the online application. Final award decisions will be made by the project partners by December 20, 2023. Questions about your application? Please send an email to krowinqs@iir.com and we will respond to your inquiry promptly. Application Timeline Applications due: November 20, 2023 Notification of selection: December 20, 2023 Project kick-off: Late January 2024 Applicant Checklist Online application Budget Indirect rate agreement (if applicable) Applicant certification Accounting system and financial capability questionnaire Letters of commitment from each planning team member (and agency directors as needed) Job description and timeline for hiring cross-sector coordinator (if applicable and requesting funding under Allowable Funding Activity #4) About BJA The Bureau of Justice Assistance (BJA) provides leadership and services in grant administration and criminal justice policy development to support local, state, and tribal justice strategies to achieve safer communities. To learn more about BJA, visit https://bja.o�p.4ov and follow us on Facebook (www.facebook.com/DOJBJA) and XlTwitter (�DOJBJA). BJA is part of the U.S. Department of Justice's Office of Justice Programs. This project is supported by Grant No. 1 SPBJA-21-GK-01074-MUMU awarded by the Bureau of Justice Assistance. 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 Office of Sex Offender Sentencing, Monitor�ng, Apprehending, Registering, and Trecking (SMAR�. 7/ Reaching Rural Implementation Funding Application