TEMPLATE CVIP Subrecipient Agreement DRAFTEWatermark.NB.docx

U.S. Department of Justice (DOJ) Office of Justice Programs, Bureau of Justice Assistance Subaward Agreement between

CITY OF TOLEDO, OHIO, AN OHIO MUNICIPAL CORPORATION

and

[SUBRECIPIENT]

Article I. Overview.

Section 1.1. Parties. The parties to this agreement are CITY OF TOLEDO, OHIO, an Ohio municipal corporation (“City”) and SUBRECIPIENT, organized and operating as a tax-exempt non-profit entity (“Subrecipient”).

Section 1.2. Definitions. The definitions in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 are hereby incorporated into this Agreement.

Section 1.3. Roles. For the purposes of this Agreement, the City serves as a pass-through entity.

Section 1.4. Source of Funding. The Statutory Authority funding this program is contained within the Department of Justice Appropriations Act, 2023 (Pub. L. No. 117-328; 136 Stat. 4459, 4537); Bipartisan Safer Communities Supplemental Appropriations Act, 2022 (Pub. L. No. 117-159, 136 Stat. 1313, 1339); and 28 U.S.C. 530C. The Federal Assistance Listing (formerly Catalog of Federal Domestic Assistance – CFDA) number and name is 16.045 -- Community-Based Violence Intervention and Prevention Initiative. City of Toledo accepts this award.

Section 1.5. Purpose. The purpose of this Agreement is to establish the terms and conditions for a subaward allocated to the Subrecipient from the City.

Section 1.6. Disclosures. Federal regulations, specifically 2 CFR 200.331(a)(1), require the City to provide the Subrecipient with specific information about this subaward. All required information is listed in Exhibit “A” (“Subaward Data”).

Section 1.7. Term. This Agreement shall govern the performance of the parties for the period [XX/XX/XXXX], or the date of the execution of this agreement (the “Effective Date”) through September 30, 2027 (“Expiration Date”), unless earlier terminated by either party in accordance with the terms of this Agreement. In the case of a funding award extension, an amendment to this Agreement will be required to establish a new Expiration Date. The date the Agreement is executed by the city’s Mayor shall be the “Contract Date.”

Section. 1.8. Authority. City is authorized to enter into this Agreement pursuant to Toledo City Council Ordinance No. 018-25, passed on January 21, 2025, attached and incorporated by reference as Exhibit “B”. Subrecipient is authorized to enter into this Agreement pursuant to the Authorization dated XX/XX/XXXX, attached and incorporated by reference as Exhibit “C”.

Article II. Scope of Funded Activities.

Section 2.1. Scope of Services. Subrecipient shall perform all activities described in the scope of activities, attached hereto as Exhibit “D” (collectively referred to as “Approved Activities”).

Section 2.2. Budget. Subrecipient shall perform the Approved Activities in accordance with the program budget as approved by the City (see “Approved Activities”).

Section 2.3. Prior Approval for Changes. Subrecipient may not transfer allocated funds among cost categories within a budgeted program account without the prior written approval of the City; nor shall Subrecipient make any changes, directly or indirectly, to program design, Approved Activities, or Approved Budget without the prior written approval of City.

Article III. Compensation.

Section. 3.1. Payment of Funds. City agrees to grant Subrecipient for costs actually incurred and paid by Subrecipient in accordance with the Approved Budget and for the performance of the Approved Activities under this Agreement in an amount not to exceed $XXX,XXX (“Total Agreement Funds”). Total Agreement Funds shall be disbursed upon request made to the City. All payments shall be made in accordance with Agreement and provided that all reporting requirements and other conditions and requirements of City are met. Final disbursement of Total Agreement Funds shall occur on or before January 28, 2028. The amount of Total Agreement Funds is subject to adjustment by the City if a substantial change is made in the Approved Activities that affects this Agreement or if this Agreement is terminated prior to the expiration of the Agreement. Program funds shall not be expended prior to the Effective Date or following the earlier of the Expiration Date or the last day of the Agreement Term. Costs incurred shall only be as necessary and allowable to carry out the purposes and activities of the Approved Activities and may not exceed the maximum limits set in the Approved Budget. Expenses charged against the Total Agreement Funds shall be incurred in accordance with this Agreement.

Section 3.1.1. Payments under this Agreement by the City to the Subrecipient will be made by Reimbursement of Funds

a. Advance Payment. The City, in its discretion, may elect to pay the Subrecipient in advance for its allowable costs for the Project identified by this Agreement upon the presentation of all forms and documents as may be required by the City. Advance payments must be limited to the minimum amounts needed and timed to be in accordance with the Subrecipient's actual, immediate cash requirements in carrying out and completing the work of the Project.

b. Use of Funds. The Subrecipient shall not use any Office of Justice Programs funds received pursuant to this Agreement except for the purposes outlined in Agreement, including Exhibits. The Subrecipient shall not use any Office of Justice Programs funds received pursuant to this Agreement to pay for any administrative costs of the Project, except to pay for insurance premiums that are pursuant to required insurance under Agreement or for other administrative costs provided Subrecipient has the prior written consent of City.

c. Reimbursement of Funds. The Subrecipient shall submit an itemized invoice with appropriate back-up documentation no later than 14 calendar days after the close of each fiscal quarter to ensure that the City has adequate time to review and submit to the Office of Justice Programs for reimbursement. Invoices and documentation should be submitted to:

· Ling Kuo, Grants Analyst, City of Toledo Department of Finance: Ling.Kuo@toledo.oh.gov

· Laura Shaffer, Grants Coordinator, Office of the Mayor: Laura.Shaffer@toledo.oh.gov

· Dr. Roshni Ashiq, Project Coordinator, Mayor’s Office of Neighborhood Safety and Engagement: Roshni.Ashiq@toledo.oh.gov

· De’Aundra Owens, Mayor’s Assistant 2, Office of the Mayor: De'Aundra.Owens@toledo.oh.gov

d. Withholding or Cancellation of Funds. The City reserves the right to withhold payments pending timely delivery of Project reports or documents as may be required under this Agreement. The Subrecipient agrees that funds determined by the City to be surplus upon the completion of the Project will be subject to cancellation by the City. The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself.

e. Allowable costs. Allowable costs shall mean those necessary and proper costs identified in the Subrecipient's Application, incurred after Contract Date, and approved by the City unless any or all such costs are disallowed by the State of Ohio or the Office of Justice Programs.

f. Where Payments Are Made. Payments shall be made by check or electronic deposit into Subrecipient's bank account, according to a process established by Subrecipient with the City.

g. Recoupment. Subrecipient acknowledges and agrees that Subrecipient's award and use of the Office of Justice Programs funds is subject to recoupment by DOJ and/or the City for the Subrecipient's failure to use the funds for the Project in strict accordance with Community-Based Violence Intervention and Prevention Initiative Site-Based regulations and guidance promulgated thereto, and this Agreement.

Article IV. Financial Accountability and Grant Administration.

Section. 4.1. Financial Management. Subrecipient shall maintain a financial management system and financial records related to all transactions with funds received pursuant to this Agreement and with any program income earned as a result of funds received pursuant to this Agreement. Subrecipient must administer funds received pursuant to this agreement in accordance with all applicable federal and state requirements, including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, as required by the Federal Assistance Listing (16.839), incorporated hereby by reference. Subrecipient shall adopt such additional financial management procedures as may from time-to-time be prescribed by City if required by applicable federal or state laws or regulations, or guidelines from DOJ. Subrecipient shall maintain detailed, itemized documentation, and other necessary records of all income received and expenses incurred pursuant to this Agreement.

Section. 4.2. Limitations on Expenditures. With the exception of Advance Payments, City funds shall only be applied by Subrecipient for documented expenditures incurred during the Agreement Term that are: (i) reasonable and necessary to carry out the scope of Approved Activities described in Exhibits D & E; (ii) documented by contracts or other evidence of liability consistent with the established City and Subrecipient procedures; and (iii) incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement. City may not reimburse or otherwise compensate Subrecipient for any expenditures incurred or services provided prior to the Effective Date or following the earlier of the expiration or termination of this Agreement.

Section. 4.3. Indirect Cost Rate. No indirect cost rate will apply to this Project.

Section. 4.4. Financial and Other Reports. Subrecipient shall submit to City such reports and back-up data as may be required by the Federal Government or City, including such reports which enable City to submit its own reports to the DOJ, in accordance with the Reporting Requirements schedule outlined in Exhibit “G” which may be amended from time to time.

This provision shall survive the expiration or termination of this Agreement with respect to any reports which the Subrecipient is required to submit to City following the expiration or termination of this Agreement.

Section. 4.5. Improper Payments. Any item of expenditure by Subrecipient under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of the City, the DOJ, the Ohio Auditor of State, or other federal or state instrumentality to be improper, unallowable, in violation of federal or state law, or the terms of this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of Subrecipient, shall become Subrecipient’s liability, and shall be paid solely by Subrecipient, pursuant to Section 7.5 of this Agreement. This provision shall survive the expiration or termination of this Agreement.

Section. 4.6. Audits and Access to Records. Subrecipient certifies compliance with applicable provisions of 2 CFR 200, and continued compliance with these provisions during the term of this Agreement. If Subrecipient is not required to have a Single Audit as defined by 2 CFR 200.501, DOJ requirements, or the Single Audit Act, then Subrecipient shall have a financial audit performed yearly by an independent Certified Public Accountant. Subrecipient shall provide notice of the completion of any required audits and will provide access to such audits and other financial information related to the Agreement upon request. Subrecipient certifies that it will provide City with notice of any adverse findings which impact this Agreement. This obligation extends for one year beyond the expiration or termination of this Agreement.

Section. 4.7. Closeout. Final payment request(s) under this Agreement must be received by City no later than thirty (30) days after the earlier of the Expiration Date or the last day of the Agreement Term. City will not accept a payment request submitted after this date without prior authorization from City. In consideration of the execution of this Agreement by City, Subrecipient agrees that acceptance of final payment from City will constitute an agreement by Subrecipient to release and forever discharge City, its agents, employees, officers, representatives, affiliates, successors and assigns from any and all claims, demands, damages, liabilities, actions, causes of action or suits of any nature whatsoever, which Subrecipient has at the time of acceptance of final payment or may thereafter have, arising out of, in connection with or in any way relating to any and all injuries and damages of any kind as a result of or in any way relating to this Agreement. The Subrecipient’s obligations to City under this Agreement shall not terminate until all closeout requirements are completed to the satisfaction of City. Such requirements shall include submitting final reports to City and providing any closeout-related information requested by City by the deadlines specified by City. This provision shall survive the expiration or termination of this Agreement.

Article V. Compliance with Grant Agreement and Applicable Laws.

Section. 5.1. General Compliance. Subrecipient shall perform all Approved Activities funded by this Agreement in accordance with this Agreement, the award agreement between City and the DOJ, and all applicable federal, state and local requirements, including all applicable statutes, rules, regulations, executive orders, directives or other requirements. Such requirements may be different from Subrecipient’s current policies and practices. City may assist Subrecipient in complying with all applicable requirements. However, Subrecipient remains responsible for ensuring its compliance with all applicable requirements.

Subrecipients shall comply with all requirements as established in the DOJ FY 24 Community-Based Violence Intervention and Prevention Initiative Site-Based Award Conditions issued January 16, 2025 and accepted by the City of Toledo on January 21, 2025.

Section. 5.2. Expenditure Authority. This Agreement is subject to the laws, regulations, and guidance documents authorizing and implementing the Community-Based Violence Intervention and Prevention Initiative Site-Based grant, including, but not limited to, the following:

Authorizing Statute. Department of Justice Appropriations Act, 2023 (Pub. L. No. 117-328; 136 Stat. 4459, 4537); Bipartisan Safer Communities Supplemental Appropriations Act, 2022 (Pub. L. No. 117-159, 136 Stat. 1313, 1339); and 28 U.S.C. 530C. The Federal Assistance Listing (formerly Catalog of Federal Domestic Assistance – CFDA) number and name is 16.045 -- Community-Based Violence Intervention and Prevention Initiative.

Guidance Documents. Subrecipient is subject to the OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by DOJ in 2 CFR Part 2800. Any subaward must follow the regulations found in 2 CFR 200.331 through 200.333. Any subaward $30,000 or more must be reported at SAM.gov in compliance with 2 CFR 170. This Agreement is also subject to all applicable laws of the State of Ohio.

Section. 5.3. Federal Grant Administration Requirements. Subrecipient shall comply with applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 (“UG”) as adopted and supplemented by DOJ in 2 CFR Part 2800. These requirements dictate how Subrecipient must administer the subaward and how City must oversee Subrecipient.

Subrecipient shall document compliance with UG requirements, including adoption and implementation of all required policies and procedures, within thirty (30) days of the execution of this Agreement and during all subsequent reviews during the term of the Agreement. City may provide sample policies or other assistance to Subrecipient in meeting these compliance requirements. Regardless of City’s assistance, it is the Subrecipient’s responsibility to properly comply with all UG requirements. Failure to do so may result in termination of the Agreement by City.

Section. 5.4. Procurement Requirements.

(a) Federal. Consistent with UG compliance requirements, including the standards in 2 CFR 200.318 for the acquisition of property, equipment, supplies, or services required under this Agreement, Subrecipient shall adopt and enact procurement procedures. Subrecipient’s documented procurement procedures must conform to the relevant procurement standards identified in Subpart D of 2 CFR Part 200.

(b) Local. In addition to the requirements described in subsection (a), the Subrecipient shall comply with the following:

1. Project Labor Agreement. If applicable, pursuant to Toledo Municipal Code Section 187.12, parties acknowledge and agree this use of DOJ funds may require the execution of a Project Labor Agreement (“PLA”) with the Northwestern Ohio Building and Construction Trades Council and its Affiliates for the entire of the related project prior to receiving grant funds. The parties further agree that Subrecipient’s contractors shall enter into such PLA, the terms of which are subject to approval by the Board, for the purpose of funding the project contemplated herein. Failure to secure such a PLA shall result in an automatic termination of this agreement and at the request of the City/Grantor shall result in any and all project funds under this agreement to be returned to the City.

2. Reporting. Subrecipient shall document, in its quarterly report to City, the status of all contracts executed in connection with this Agreement.

(c) Mandatory Contract Provisions. Subrecipient must include contract provisions required by UG and other state and federal laws and regulations, and as otherwise dictated by City.

Section 5.5. Subawards. In executing this Agreement, Subrecipient may not enter a subaward without prior written approval from City.

Section 5.6. Property Management. All real property acquired or improved, and equipment or supplies purchased in whole or in part with federal assistance funds, must be used, insured, managed, and disposed of in accordance with 2 CFR 200.311 through 2 CFR 200.316.

Section 5.7 Program Income. Subrecipient will not earn program income, as defined in 2 CFR

200.1 during the term of the subaward

Section. 5.8. Federal 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.

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.

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.

Section. 5.9. Universal Identifier and System for Award Management (“SAM”). Subrecipient shall obtain, and provide to the City, a unique entity identifier assigned by the System for Award Management (SAM), which is accessible at www.sam.gov. The Subrecipient is responsible for ensuring its SAM registration is valid and renewed on an annual basis.

Section. 5.10. Equal Opportunity & Other Requirements. Subrecipient shall adopt and enact a nondiscrimination policy consistent with the requirements in this section.

Civil Rights Laws. Subrecipient shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and the DOJ’s implementing regulations at 28 CFR Part 42, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.

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. Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Disability Protections. Subrecipient shall comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.

Age Discrimination. Subrecipient shall comply with the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 et seq.), which prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.

Americans with Disabilities Act. Subrecipient shall comply with Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

Partnerships with Faith-Based and Other Neighborhood Organizations. The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.

Section. 5.11. Suspension and Debarment. Subrecipient shall comply with the Office of Management and Budget (“OMB”) Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement) in 2 CFR Part 180. Subrecipient represents that neither it, nor any of its principals has been debarred, suspended, or otherwise determined ineligible to participate in federal assistance awards or contracts. Subrecipient further agrees that it will notify City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or non-procurement programs available at www.sam.gov.

Section. 5.12. Federal Funding Accountability and Transparency Act of 2006. Subrecipient shall provide City with all information requested by City to enable City to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).

Section. 5.13. Licenses, Certifications, Permits, Accreditation. Subrecipient shall obtain and keep current any license, certification, permit, or accreditation required by federal, state, or local law and shall submit to City proof of any licensure, certification, permit or accreditation upon request.

Section. 5.14. Publications. 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. 15PBJA-24-GG-06062-CVIP awarded by the Bureau of Justice Assistance, Office of Justice 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 Justice.”

The recipient agrees to submit to BJA 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.

Websites. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

Section 5.15. Program for Enhancement of Contractor Employee Protections. Subrecipient is hereby notified that they are required to: inform its employees working on any federal award that they are subject to the whistleblower rights and remedies of the program; inform its employees in writing of employee whistleblower protections under 41 U.S.C §4712 in the predominant native language of the workforce; and include such requirements in any agreement made with a subcontractor or subgrantee.

Section 5.16. Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment. Pursuant to 2 CFR 200.216, Subrecipient shall not obligate or expend funds received under this Subaward to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or (3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services (as described in Public Law 115-232, section 889) as a substantial or essential component of any system, or as a critical technology as part of any system.

Section 5.17. Use of Name. Neither party to this Agreement 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 Agreement 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.

Section 5.18. Highest Compensated Officers. The names and total compensation of the five most highly compensated officers of Subrecipient shall be listed if the Subrecipient in the preceding fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1) Code of 1986. If this requirement applies to Subrecipient, Subrecipient will submit the list of its five most highly compensated officers to City within thirty (30) days of the execution of this Agreement and yearly thereafter during the Agreement term.

Section 5.19. Statement of Assurances. Subrecipient certifies compliance with SF 424B (Statement of Assurances – Non-Construction) and SF424D (Statement of Assurances –Construction).

Section 5.20. Drug-free Workplace Requirements. Subrecipient certifies compliance with 31 CFR Part 20 as implemented via 2 CFR 182.

Section 5.21. Stevens Amendments Requirements. Subrecipient shall identify that federal assistance funds were used to fund Approved Activities under this Agreement in any publicity and /or signage relating to the funded project or program.

Section 5.22. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024). 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 that may be set out in applicable appropriations acts are indicated at https://www.ojp.gov/award-condition-general-appropriations-law-restrictions-use-federal-award-funds-fy-2024, and are incorporated by reference here.

Section 5.23. Pursuant to Executive Order 14074, rescinded January 2025.

Section 5.24. 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. 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").

Section 5.25. 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.

Section 5.26. Compliance with Copyright and Data Rights. The recipient acknowledges that OJP reserves a royalty-free, non-exclusive, 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: (1) any work subject to copyright developed under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support.

The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General).

It is the responsibility of the recipient to ensure that the provisions of this condition are included in any subaward (at any tier) under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office.

Section 5.27. Determination of suitability to interact with participating minors. This condition applies to this award if it is indicated -- in the application for the award, 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.

Section 5.28. 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).

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 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.B., 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 EVerifyEmployerAgent@dhs.gov.

Section 5.29. Meaningful access requirement for individuals with limited English proficiency. The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https://www.federalregister.gov/d/02-15207) and is incorporated by reference here.

Section 5.30. 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 Justice, 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.

Section 5.31. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award). 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 and are incorporated by reference here.

Section 5.32. 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 Information (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.

Section 5.33. 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.

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 of) 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 of) such obligations only if expressly authorized to do so by that agency.

Section 5.34. 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.

Section 5.35. 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 OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Section 5.36. Required attendance at BJA-sponsored events. The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request.

Article VI. Cooperation in Monitoring and Evaluation.

Section. 6.1. City Responsibilities. City, as appropriate, shall monitor, evaluate, and provide guidance and direction to Subrecipient in the conduct of Approved Activities performed under this Agreement. City must determine whether Subrecipient has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. City may require Subrecipient to take corrective action if deficiencies are found.

Section. 6.2. Subrecipient Responsibilities.

(a) Cooperation with City Oversight. Subrecipient shall permit City to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable grant award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. In addition, Subrecipient shall comply with the CVIP Reporting Plan Requirements as identified in Exhibit “I” and incorporated by reference.

(b) Cooperation with Audits. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of City, the Ohio State Auditor, the DOJ, and the US Government Accountability Office. Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees, and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement.

Section 6.3. Interventions. If City determines that Subrecipient is not in compliance with this Agreement, City may initiate an intervention, in accordance with 2 CFR 200.208 and 2 CFR

200.339. The degree of Subrecipient’s performance or compliance deficiency will determine the degree of intervention. All possible interventions are listed below and will depend on the degree of deficiency in Subrecipient’s performance or compliance deficiency.

If City determines that an intervention is warranted, it shall provide written notice to Subrecipient of the intervention within thirty (30) days of the completion of a report review, desk review, onsite review, audit review, or procedures engagement review or as soon as possible after the City otherwise learns of a compliance or performance deficiency related to the execution of this Agreement. The written notice shall notify Subrecipient of the following related to the intervention:

(1) The nature of the additional requirements;

(2) The reason why the additional requirements are being imposed;

(3) The nature of the action needed to remove the additional requirement, if applicable;

(4) The time allowed for completing the actions if applicable; and

(5) The method for requesting reconsideration of the additional requirements imposed.

The City may impose the following interventions on Subrecipient, based on the level of the compliance or performance deficiency that City determines:

Level 1 Interventions. These interventions may be required for minor compliance or performance issues.

(1) Subrecipient addresses specific internal control, documentation, financial management, compliance, or performance issues within a specified time period

(2) More frequent or more thorough reporting by the Subrecipient

(3) More frequent monitoring by the City

(4) Required Subrecipient technical assistance or training

Level 2 Interventions. These interventions may be required for more serious compliance or performance issues.

(1) Restrictions on funding payment requests by Subrecipient

(2) Disallowing payments to Subrecipient

(3) Requiring repayment for disallowed cost items

(4) Imposing probationary status on Subrecipient

Level 3 Interventions. These interventions may be required for significant and/or persistent compliance or performance issues.

(1) Temporary or indefinite funding suspension to Subrecipient

(2) Nonrenewal of funding to Subrecipient in subsequent year

(3) Terminate funding to Subrecipient in the current year

(4) Initiate legal action against Subrecipient Interventions will remain in place until the underlying performance or compliance deficiency is addressed to the sole satisfaction of City.

Section 6.4. Records Retention and Access. Subrecipient shall maintain all records, books, papers and other documents related to its performance of Approved Activities under this Agreement (including without limitation personnel, property, financial and medical records) pursuant to 2 CFR 200.334, and must be retained for a period of three years from the date of submission of final expenditure report, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving this Agreement.