(1) As used in this section: (a) "Authorized foundation" means a nonprofit foundation that: (i) meets the requirements of this section; and (ii) the state security chief authorizes in consultation with the School Safety Center created in Section 53G-8-802. (b) "School safety product" means equipment, technology, service, or material that enhances school safety and security. (2) The state security chief may approve a nonprofit foundation to be an authorized foundation if the foundation: (a) maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3); (b) has operated continuously in the state for three or more years; (c) maintains a primary mission focused on school safety; (d) operates under a board of directors that includes: (i) a law enforcement representative; (ii) an educator or school administrator; and (iii) an emergency management professional; (e) demonstrates financial stability through: (i) an annual independent audit; (ii) maintained reserves; and (iii) a clean financial record; and (f) provides evidence of: (i) successful project management; (ii) an existing relationship with an educational institution; and (iii) knowledge of school safety requirements described in federal and state law. (3) A foundation seeking authorization shall submit to the state security chief: (a) a written application that demonstrates compliance with Subsection (2); (b) a financial record for the previous three years; (c) a current board member qualification; (d) a proposed school safety initiative; and (e) an internal procurement policy for purchases not made from a state cooperative contract. (4) The state security chief shall: (a) review an application within 60 days; (b) request additional information if needed; (c) issue a written decision; and (d) maintain a public record of an authorized foundation, including records related to the approval process of an authorized foundation. (5) An authorized foundation may: (a) use a state cooperative contract in accordance with Section 63G-6a-2105; (b) make a bulk purchase of a school safety product; and (c) in coordination with the state security chief and the School Safety Center: (i) facilitate a donation of a school safety product; and (ii) distribute a product to a school. (6) An authorized foundation shall: (a) follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state cooperative contract; (b) maintain separate accounting for a school safety purchase; (c) by August 1 of each year, submit an annual report to the state security chief that includes: (i) any product procured through a state cooperative contract; (ii) the annual independent audit required in Subsection (2)(e); (iii) all schools served; (iv) the total value of a donation facilitated; and (v) a compliance certification; and (d) renew authorization every three years. (7) The state security chief: (a) may revoke authorization if the authorized foundation: (i) fails to maintain a requirement of this section; (ii) engages in financial mismanagement; or (iii) submits false information in a report required by this section; and (b) shall, before revoking authorization: (i) provide written notice to the foundation; (ii) allow a 30-day period to remedy the violation; (iii) provide an opportunity for a hearing; and (iv) issue a final written decision. (8) Authorization under this section does not: (a) create state liability; (b) imply state endorsement; (c) override a local procurement requirement; and (d) exempt the foundation from an applicable law.
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