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Contract 2022-045ASEMINOLE COUNTY SHERIFF'S OFFICE SUBRECIPIENT AGREEMENT FOR THE HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (HIDTA) THIS AGREEMENT made and entered into the .�� day of , 2022 by and between Dennis M. Lemma, as Sheriff of Seminole County on behalf of thkSeminole County Sheriffs Office whose address is 100 Eslinger Way, Sanford, Florida 32773, a Constitutional Officer of the political subdivision of Seminole County, State of Florida, holding tax exempt status, hereinafter referred to as "SCSO" and the Clermont Police Department whose principal and local address is 3600 South Highway 27, Clermont, FL 34711 hereinafter referred to as "SUBRECIPIENT." SCSO and SUBRECIPIENT are collectively referred to herein as the Parties. MTNESSETH: WHEREAS, on May 2, 2022, the Executive Office of the President, Office of National Drug Control Policy awarded a grant to SCSO for the High Intensity Drug Trafficking Areas (HIDTA) Program (Grant #G22CF0008A) for a period of two (2) years beginning on January 1, 2022 which is attached as Exhibit C, Grant Agreement; and WHEREAS, SUBRECIPIENT as a member of Central Florida HIDTA acknowledges the obligations of participation in the program; and WHEREAS, SCSO, as a fiduciary of Central Florida HIDTA desires to reimburse SUBRECIPIENT for its performance to support the activities, programs and projects of Central Florida HIDTA upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the Parties hereto as follows: SECTION 1: GENERAL PROVISIONS. (a). The term "SUBRECIPIENT' as used in this Agreement is hereby defined herein as that person or entity, including employees, servants, partners, principals, agents and assignees participating in activities of Central Florida HIDTA under this Agreement. (b). The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (c). Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) Page 1 of 14 executing this Agreement for SUBRECIPIENT certify they are authorized to bind SUBRECIPIENT fully to the terms of this Agreement. (d). Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement. (e). When the term "law" is used herein, said phrase shall include statutes, codes, rules and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. (f). It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting SUBRECIPIENT (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of SCSO for any purpose, or in any manner, whatsoever. (g). Persons employed by SUBRECIPIENT to participate in the functions of Central Florida HIDTA pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to SCSO's officers and employees either by operation of law or by SCSO. (h). No claim for reimbursement by SUBRECIPIENT not specifically provided for herein shall be honored by SCSO. SECTION 2: SUBRECIPIENT RESPONSIBILITIES. (a). SUBRECIPIENT acknowledges that funding for HIDTA operations is in the form of a federal grant and agrees to abide by all requirements set forth in the Grant Agreement in Exhibit C and the HIDTA Program Policy and Budget Guidance Manual located on the National HIDTA Assistance Center (NHAC) website at http://www.nhac.org/hidta-guidance/Program Policy and Budget Guidelines2©17.pur . (b). SUBRECIPIENT shall be responsible for submittal of reimbursement requests in a format acceptable to SCSO as detailed in Section 7 of this Agreement. (c). Neither SCSO's review, approval or acceptance of, nor payment of any reimbursement invoice, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. SUBRECIPIENT shall be and remain liable to SCSO in accordance with applicable law for all damages to SCSO caused by SUBRECIPIENT's negligent or improper reimbursement requests. SCSO is responsible to validate such damages or loss to SUBRECIPIENT. (d). The rights and remedies of SCSO, provided for under this Agreement, are in addition to any other rights and remedies provided by law. Page 2 of 14 (e). SUBRECIPIENT shall disclose any potential conflicts of interest to this Agreement to SCSO prior to execution of the Agreement or if discovered after execution, as soon as SUBRECIPIENT is aware of the potential conflict of interest. SECTION 5: SCSO RIGHTS AND RESPONSIBILITIES. (a). SCSO shall reasonably cooperate with SUBRECIPIENT in a timely fashion as set forth in this Section. (b). SCSO shall fumish a SCSO Representative, as appointed by the Designated Representative to administer, review and coordinate the payment of all reimbursement requests. (c). SCSO shall make SCSO personnel available where, in SCSO's opinion, they are required and necessary to assist SUBRECIPIENT. The availability and necessity of said personnel to assist SUBRECIPIENT shall be determined solely at the discretion of SCSO. (d). SCSO shall examine all of SUBRECIPIENT's reimbursement requests and indicate SCSO's approval or disapproval within a reasonable time so as not to materially delay the reimbursement of SUBRECIPIENT. (e). SCSO shall transmit instructions, relevant information, and provide interpretation and definition of SCSO policies and decisions with respect to matters pertinent to the reimbursements covered by this Agreement. (f). SCSO shall give written notice to SUBRECIPIENT whenever SCSO's Designated Representative knows of a development that affects the performance of this Agreement. SECTION 6: REIMBURSEMENT. Reimbursement requests, and all financial matters, shall be as set forth in Exhibit A, Reimbursement Procedures. SECTION 7: INVOICE PROCESS. (a). Invoices shall be submitted in the format in Exhibit D. Invoices shall be submitted on a quarterly basis to the appropriate HIDTA Group Supervisor for approval no later than fifteen (15) days following the end of the prior quarter. For this agreement, the end of each quarter is the months of December, March, June and September. Invoices without disputable items will be processed for payment within thirty (30) days of receipt of an approved invoice by SCSO. Page 3 of 14 (b). SUBRECIPIENT will be noted of any disputable items contained in invoices submitted by SUBRECIPIENT within fifteen (15) days of receipt by SCSO with an explanation of the deficiencies. (c). SCSO and SUBRECIPIENT will make every effort to resolve all disputable items contained in SUBRECIPIENT invoices. SECTION 8: TERM/LENGTH OF AGREEMENT. (a). This Agreement shall commence January 1, 2022 and shall terminate on December 31, 2023 or until terminated pursuant to the terms of this Agreement. SECTION 9: DESIGNATED REPRESENTATIVES. (a). SCSO designates SCSO's Procurement and Agreements Manager or his/her designated representative, to represent SCSO in all matters pertaining to and arising from this Agreement. (b). SCSO's Procurement and Agreements Manager, or his/her designated representative, shall have the following responsibilities: (1). Transmission of instructions, receipt of information, and interpretation and definition of SCSO's policies and decisions with respect to this Agreement. (2). Giving prompt notice to SUBRECIPIENT whenever SCSO's designated representative knows of a change necessary in the project. (c). Until further notice from SCSO, the designated representative for this Agreement is: Barbara Taylor, CPPO Procurement and Agreements Manager Seminole County Sheriffs Office 100 Eslinger Way Sanford, Florida 32773 (d). SUBRECIPIENT's designated representative is: hQr'' -.s ry Page 4 of 14 SECTION 10: EMPLOYEES (a). SUBRECIPIENT may engage employees at its discretion and is responsible for all such employees. (b). SUBRECIPIENT shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. (c). SCSO will not intentionally award publicly -funded contracts to any SUBRECIPIENT who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationality Act (INA)]. SCSO shall consider the employment by SUBRECIPIENT of unauthorized aliens, a violation of Section 274A (e) of the INA. Such violation by SUBRECIPIENT of the employment provisions contained in Section 274A (e) of the INA shall be grounds for termination of this Agreement. (d). If applicable, in accordance with Section 216.347, Florida Statutes, SUBRECIPIENT shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. (e). SUBRECIPIENT shall advise SCSO in writing if it has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. (f). SUBRECIPIENT shall not knowingly engage in any action that would create a conflict of interest in the performance of that actions of any SCSO employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part 111, Chapter 112, Florida Statutes, relating to ethics in government. SECTION 11: ACCESS TO RECORDSIAUDIT/PUBLIC RECORDS. (a). SUBRECIPIENT shall maintain books, records, documents, time and costs accounts and other evidence directly related to this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. (b). SUBRECIPIENT shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of this Agreement and date of final payment, or date of termination of this Agreement. (c). SCSO may perform, or cause to have performed, an audit of the records of SUBRECIPIENT regarding payments issued hereunder. This audit shall be performed at a time mutually agreeable to SUBRECIPIENT and SCSO subsequent to the close of the final fiscal period of the agreement. Total compensation to SUBRECIPIENT may be determined subsequent to an audit as provided for in this Section, and the total Page 5 of 14 compensation so determined shall be used to calculate final payment to SUBRECIPIENT. If such audit confirms that SUBRECIPIENT was underpaid, SUBRECIPIENT shall submit an invoice to SCSO within fifteen (15) days of notice of underpayment for the balance owed. Conduct of this audit shall not delay payments as required by this Section. SUBRECIPIENT shall have no obligation to pay any costs incurred in any audit performed by SCSO or at SCSO's direction and such costs shall be the sole obligation of SCSO. (d). In addition to the above, if Federal, State, County, or other entity funds are used for services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or Seminole County, or any representatives, shall have access to any books, documents, papers, and records of SUBRECIPIENT which are directly pertinent to this Agreement for purposes of making audit, examination, excerpts, and transcriptions. (e). In the event of any audit or inspection conducted reveals any overpayment by SCSO under the terms of the Agreement, SUBRECIPIENT shall refund such overpayment to SCSO within thirty (30) days of notice by SCSO of the request for the refund. (f). SUBRECIPIENT agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. SECTION 11: DEBARMENT AND SUSPENSION Federally awarded contracts must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM). By executing this Agreement, SUBRECIPIENT is certifying SUBRECIPIENT is not currently on this list and will immediately notify SCSO if SUBRECIPIENT is placed on the list. SECTION 12. ANTI -LOBBYING AMENDMENT By executing this Agreement, SUBRECIPIENT is certifying that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, 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. SECTION 13: CONTROLLING LAWSNENUEIINTERPRETATION. (a). This Agreement is to be governed by the laws of the State of Florida. (b). Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. Page 6 of 14 SECTION 14: FORCE MAJEURE. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. SECTION 15: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT. (a). This Agreement, together with the exhibits, if any, constitutes the entire integrated Agreement between SCSO and SUBRECIPIENT and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. (b). This Agreement may only be amended, supplemented, terminated or modified by a formal written amendment. (c). Any alterations, amendments, deletions, termination or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 16: NOTICES. (a). Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. (b). For the present, the parties designate the following as the representative places for giving of notice, to -wit: Page 7 of 14 (1). For SCSO: Barbara Taylor, CPPO Procurement and Agreements Manager Seminole County Sheriffs Office 100 Eslinger Way Sanford, Florida 32773 (2). For SUBRECIPIENT: (c). Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. SUBRECIPIENT agrees not to claim any waiver by SCSO of such notice requirements based upon SCSO having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of SUBRECIPIENT to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the Agreement. SECTION 17: WAIVER. The failure of SCSO to insist in any instance upon the strict performance of any provision of this Agreement or to exercise any right or privilege granted to SCSO hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. The failure of SUBRECIPIENT to insist in any instance upon the strict performance of any provision of this Agreement or to exercise any right of privilege granted to SCSO hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 18: CAPTIONS. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. SECTION 19: SEVERABILITYJCONSTRUCTION. (a). If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than Page 8 of 14 those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. (b). All provisions of this Agreement shall be read and applied in pari materra with all other provisions hereof. SECTION 20: COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. SECTION 21: GRANT INFORMATION See Exhibit B, Required Grant Information for information required for all subawards to this Federal Grant. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: SCSO and SUBRECIPIENT signing by and through its duly authorized corporate officer having the full and complete authority to execute same. Clermont Police Departme Witness oFd`Agent RECIPIENT Date: ' QQ Seminole County Sheriffs Office Witness Lisa Spriggs Chief of Administrative Services Date: 5/23/2022 Page 9 of 14 EXHIBIT A REIMBURSEMENT PROCEDURES SUBRECIPIENT shall provide reimbursement documentation to SCSO for agents participating in HIDTA sponsored task forces as outlined below. Availability of funds for reimbursement is determined by the Central Florida HIDTA Executive Board. Not all categories listed are eligible for all agencies. Requests for reimbursement shall be submitted on a quarterly basis to the HIDTA Group Supervisor in accordance with Section 7 of this Agreement. Overtime Reimbursement Maximum overtime reimbursement for each agent will be determined by the Group Supervisor of each HIDTA Task Force. Overtime reimbursements paid to each agent will not exceed the annual amount authorized by the Central Florida HIDTA Executive Committee. SUBRECIPIENT will compensate their agent(s) for overtime pay in accordance with SUBRECIPIENT's compensation policy. SUBRECIPIENT shall submit the reimbursement request with accompanying documentation confirming the overtime payment to the HIDTA Group Supervisor for approval. Overtime shall be reimbursed on actual overtime paid to the agent as documented on the agent's pay check. At a minimum, overtime documentation shall include the following: (a). Log of HIDTA hours worked (b). Copy of payroll detail for each agent showing hours paid and hourly rate (c). Copy of check stub showing overtime payment for HIDTA hours worked (d). If overtime is paid on a different pay cycle than the pay period, an explanation of how overtime hours are calculated. It will be the SUBRECIPIENT's responsibility to ensure that each agent does not exceed the Federal Overtime cap for each calendar year of the grant. Fuel Reimbursement Fuel reimbursement requests shall be submitted to the HIDTA Group Supervisor with accompanying documentation confirming the fuel purchases. At a minimum, fuel reimbursement documentation shall include the following: (a). Copy of each fuel receipt showing the date of purchase, amount of fuel purchased and total cost of each purchase. (b). Proof of payment by the SUBRECIPIENT for the fuel purchase, i.e., copy of check, credit card statement, etc. (c). If fuel payments are through a fuel card vendor such as WEX, reimbursement will Page 10 of 14 be for the amount paid to the fuel card vendor, not the amount on the receipt. The statement from the fuel card vendor will need to be submitted to document the actual amount paid. Vehicle Lease Reimbursement Vehicle lease reimbursement requests shall be submitted to the HIDTA Group Supervisor with accompanying documentation confirming the vehicle lease payment. Vehicle lease reimbursements shall not exceed six hundred twenty dollars ($620) per month. At a minimum, vehicle lease reimbursement documentation shall include the following: (a). Copy of each month's invoice (b). Copy of check or credit card statement showing payment of invoice Page 11 of 14 EXHIBIT B REQUIRED GRANT INFORMATION Required Information Subreci lent Name Subrecipient's Unique Entity Identifier Federal Award Identification Number Federal Award Date Subaward Period of Performance Amount of Federal Funds obligated by this Agreement Total Amount of Federal Funds Obligated to Subreci lent includin this obli ation Total Amount of Federal Award Committed to Subreci ient Federal Award Project Description i Clermont Police Department _ C7BGR2BYJAJ9 G22CF0008A May 1, 2022 01 /01 /22-12/31 /23 Reimbursement basis onl Reimbursement basis only Reimbursement basis only High Intensity Drug Trafficking Areas vrogram Name of Federal Awarding Ageng Office of National Drug Control Poficy— Name of Pass Through Ent' Seminole CountySheriff's Office Pass Through Entity Awarding Official Barbara Taylor, Procurement and Contact Information Agreements Manager - bia for _seminolesheriff.org CFDA Number and Name 95.001 - High Intensity Drug Trafficking Areas Program Is award for Research and Development? No Indirect Cost Rate N/A - -- Page 12 of 14 EXHIBIT C GRANT AGREEMENT Page 13 of 14 EXHIBIT D INVOICE TEMPLATE Page 14 of 14 EXHIBIT D INVOICE TEMPLATE Pa$e 14lof 14 Agency Name: Agency Address: E Mail Address: DESCRIPTION Overtime Reimbursement Fuel Reimbursement Vehicle Lease Reimbursement Central Florida HIDTA Quarterly Agency Invoice Invoice Date: Quartet' Ending: Agent Name: $oon $oon Total AMOUNT Required Documentation: Overtime: Log of HIDTA hours worked Copy of payroll detail showing hours paid and hourly rite Copy of check stub showing overtime payment for HIDTA hours Documentation of overtime cycle if different than pay period Fuel: Copy of each fuel receipt Proof of payment (check or credit card statement) Vehicle Lease: Copy of invoice Proof of payment (check or credit card statement) Please submit this invoice and all backup documentation to the Task Force Supervisor by the ISth day of the month following the end of the quarter. Task Force Supervisor Approval: Date: s, EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 May 2, 2022 Chief Lisa Spriggs Seminole County Sheriffs Office 100 Eslinger Way Sanford, FL 32773-6706 Dear Chief Spriggs: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G22CF0008A) has been awarded in the amount of $914,140.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Central Florida HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The grant agreement and conditions are enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the grant conditions. Failure to adhere to the grant conditions may result in the termination of the grant or the initiation of administrative action. ONDCP also may terminate the award if it no longer effectuates program goals or agency priorities. If you accept this award, please sign both the grant agreement and the conditions and return a copy via email to your respective NHAC accountant or to the following address: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715-7600 Please keep the original copy of the grant agreement and conditions for your file. If you If you have any questions pertaining to this grant award, please contact Jayme Delano at (202) 395 - 6794. Sincerely, i� v Shannon Kelly National HIDTA Director Executive Office of the President Grant Agreement Office of National Drug Control Policy I . Recipient Name and Address 4. Award Number (FAIN): G22CF0008A Lisa Spriggs Chief 5. Period of Performance: Seminole County Sheriffs Office From 01/01/2022 to 12/31/2023 100 Eslinger Way Sanford, FL 32773-6706 2. Total Amount of the Federal Funds Obligated: 6. Federal Award Date: 7. Action: $914,140.00 May 2, 2022 Initial 2A. Budget Approved by the Federal Awarding 8. Supplement Number Agency $914,140.00 3. CFDA Name and Number: 9. Previous Award Amount: High Intensity Drug Trafficking Areas Program - 95.001 3A. Project Description 10. Amount of Federal Funds Obligated by this Action: $914,140.00 High Intensity Drug Trafficking Areas (HIDTA) 11. Total Amount of Federal Award: Program $914,140.00 12. This Grant is non -R&D and approved subject to such conditions or limitations as are set forth on the attached pages. 13. Statutory Authority for Grant: Public Law 117-103 H.R. 2471-206 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Shannon Kelly Lisa Spriggs National HIDTA Director Chief Office of National Drug Control Policy Seminole County Sheriffs Office 16. Signature of Approving ONDCP Official 17. Signature of Authorized Recipient/Date t. AGENCY USE REY 18. Accounting Classification Code 19. HIDTA AWARD UEI: N2DGNLKN5J71 OND107ODB2223XY OND6113 DUNS: 055537278 OND2000000000 OC 410001 EIN: 159600086OAl Page 2 of 9 GRANT CONDITIONS A. General Terms anu Conditions 1. This award is subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. § 200 (the "§ 200 Uniform Requirements"), as adopted and implemented by the Office of National Drug Control Policy (ONDCP) in 2 C.F.R. §3603. For this award, the § 200 Uniform Requirements supersede, among other things, the provisions of 28 C.F.R. §§ 66 and 70, as well as those of 2 C.F.R. §§ 215, 220, 225, and 230. For more information on the § 200 Uniform Requirements, see https://cfo.gov/cofar/. For specific, award -related questions, recipients should contact ONDCP promptly for clarification. 2. This award is subject to the following additional regulations and requirements: • 28 C.F.R. § 69 — "New Restrictions on Lobbying" • 2 C.F.R. § 25 — "Universal Identifier and System of Award Management" • Non-profit Certifications (when applicable) 3. Audits conducted pursuant to 2 C.F.R. § 200, Subpart F, "Audit Requirements" must be submitted no later than 9 months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse at https://harvester.census.gov/facweb 4. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). The Federal Financial Report is required to be submitted quarterly and within 90 days after the grant is closed out. 5. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 6. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the grantee, its fiscal agent(s), employees, contractors, as well as state, local, and Federal participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. 7. These general terms and conditions, as well as archives of previous versions of these general terms and conditions, are available online at w-whitehouse.gov/ondcp/. Page 3 of 10 8. Mandatory Disclosure Requirement As a non-federal entity, you must disclose, in a timely manner, in writing to ONDCP all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Non-federal entities that have received a federal award including the terms and conditions outlined in appendix XH of this part are required to report certain civil, criminal, or administrative proceedings to the System for Award Management (SAM), currently the Federal Awardee Performance and Integrity Information System. Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 C.F.R. §180, 31 U.S.C. § 3321, and 41 U.S.C. § 2313.) None of the funds appropriated or otherwise made available by this grant or any other Act may be used to fund a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. This limitation shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 9. Federal Funding Accountability and Transparency (FFATA) / Digital Accountability and Transparency Act (DATA Act). Each applicant is required to (i) be registered in SAM before submitting its application; (ii) provide a valid UEI number in its application; (iii) continue to maintain an active SAM registration with current information at all times during which it has an active federal award; and (iv) provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. 10. Subawards are authorized under this grant award. Subawards must be monitored by the award recipient as outlined in 2 C.F.R. § 200.331. 11. Recipients must comply with the Government -wide Suspension and Debarment provision set forth at 2 C.F.R. § 180, dealing with all sub -awards and contracts issued under the grant. 12. Recipients are prohibited from using federal grant funds to purchase certain telecommunication and video surveillance services or equipment in alignment with § 889 of the National Defense Authorization Act of 2019, Pub. L. No. 115-232. See 2 C.F.R. § 200.216. See also, HIDTA PPBG, § 7.20, Prohibited Uses of HIDTA Funds. Page 4 of 10 13. Grantees should provide a preference, to the extent permitted by law, to maximize use of goods, products, and materials produced in the United States. See 2 C.F.R. § 200.322. 14. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, shall clearly state— (1) the percentage of the total costs of the program (2) the dollar amount of Federal funds for the project or program; and (3) the Office of National Drug Control Policy is the source of funding for the projects, programs and activities. 15. Failure to adhere to the General Terms and Conditions as well as the Program Specific Terms and Conditions may result in the termination of the grant or the initiation of administrative action. ONDCP may also terminate the award if it no longer effectuates program goals or agency priorities. See 2 C.F.R. § 200.340. Page 5 of 10 B. Recipient Integrity and Performance Matters Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then you as the recipient during that period of time must maintain the currency of information reported to SAM that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under § 872 of Public Law 110-417, as amended (41 U.S.C. § 2313). As required by § 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available. See 41 U.S.C. § 417b(e)(1). 2. Proceedings Ahout rich You Must Report Submit the information required about each proceeding that: Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; a. Contract from the federal government; b. Reached its final disposition during the most recent 5-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; Page 6 of 10 (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent 5-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and state level, but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the federal share of the funding under any federal award with a recipient cost share or match; and Page 7 of 10 (2) The value of all expected funding increments under a federal award and options, even if not yet exercised. C. Program Specific Terms and Conditions The grant condition is as follows: This award is subject to the requirements in the SUPPORT for Patients and Communities Act, 21 U.S.C. §§ 1701 et seq. and in the ONDCP National HIDTA Program Office HIDTA Program Policy and Budget Guidance (September 9, 2021) (PPBG). The HIDTA PPBG is issued pursuant to authority granted the Director of ONDCP by the SUPPORT for Patients and Communities Act (21 U.S.C. § 1706) and the Uniform Administration Requirements (2 C.F.R. § 200) which provide the Director of ONDCP authority to coordinate funds and implement oversight and management function with respect to the HIDTA Program. The HIDTA PPBG can be accessed at the following website: https://www.nhac.orst!hidta--z4idance/ProL,ram Policy and Budget—Quidance2021.12df D. Federal Award Performance Goals HIDTA award recipients must adhere to the performance measures, goals and requirements set forth in the PPBG Performance Management chapter (§ 10.0) and the HIDTA Performance Management Process (PMP) database. E. Payment Basis 1. A request for advance or reimbursement shall be made using the HHS/DPM system (https://pms.pse.govi). 2. The grantee, must utilize the object classes specified within the initial grant application each time they submit a disbursement request to ONDCP. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered using the corresponding object class designations. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be Federal Deposit Insurance Corporation (FDIC) insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. § 6501 et seq.) and the Indian Self -Determination and Education Assistance Act (25 U.S.C. § 450), awardees and sub-awardees shall promptly, but at least annually, remit interest earned on advances to HHS/DPM using the remittance instructions provided below. Page 8 of 10 Remittance Instructions — Remittances must include pertinent information of the payee and nature of payment in the memo area (often referred to as "addenda records" by Financial Institutions) as that will assist in the timely posting of interest earned on federal funds. Pertinent details include the Payee Account Number (PAN), reason for check (remittance of interest earned on advance payments), check number (if applicable), awardee name, award number, interest period covered, and contact name and number. The remittance must be submitted as follows: Through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i) For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St. Paul, MN (ii) For Fedwire Returns*: Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY (* Please note organization initiating payment is likely to incur a charge from your Financial Institution for this type of payment) For recipients that do not have electronic remittance capability, please make check** payable to: "The Department of Health and Human Services." Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 979132, St. Louis, MO 63197 (** Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account) Any additional information/instructions may be found on the PMS Web site at http://pms.psc.gov//. 4. The grantee or subgrantee may keep interest amounts up to $500 per year for administrative purposes. Page 9 of 10 RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Date: 5/5/2022 Lisa Spriggs Seminole County Sheriffs Office Page 10 of 10