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HomeMy WebLinkAboutRES 13-107 RESOLUTION NO.13-107 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to join the Internet Crimes Against Children Task Force (ICAC), specifically a Memorandum of Understanding and Grant Contract with the Office of the Attorney General of Texas, substantially in the forms attached hereto as Exhibits "A" and "B," making available to the City of Beaumont Police Department ICAC resources,contacts and training opportunities. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May, 2013. -�•�'����� y ! yor Beck mes - Nst MEMORANDUM OF UNDERSTANDING between THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1340439 This Memorandum of Understanding (MOU) is executed between the Office of the Attorney General of Texas (OAG) and Beaumont Police Department (DEPARTMENT) for certain Internet Against Children Crimes Task Force activities. The OAG and Beaumont Police Department may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1 MISSION OF THE OAG The Internet Crimes Against Children (ICAC)Task Force Program, United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, (OJJDP) has created the ICAC Task Force Program, which is a national. network of state and local law enforcement cyber crime units to address technology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The ICAC program requires existing task forces to develop multi:jurisdictional, multi-agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC Task Force is to; (1) properly investigate and prosecute those who sexually exploit children through fie use of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. SECTION 2 PURPOSE OF TIME MOU The purpose of this MOU is to formalize the working relationship between the OAG and the DEPARTMENT. This MOU delineates the responsibilities and expectations of the parties. By signing this MOU, the DEPARTMENT agrees to join the OAG ICAC Task Force for the primary purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAC Task Force, the DEPARTMENT will benefit from joint operations and extensive training opportunities. ICAC MOU Pagel of4 EXHIBIT "A" By entering into this MOU, the OAG will benefit from the investigative support by the DEPARTMENT. This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties. SECTION 3 INVESTIGATIONS All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow guidelines established by each party's agency's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards. Violation of the ICAC operational standards is cause for termination of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force investigations are not in the best interest of the Task Force. SECCIUN 4 DEPARTMENT'S DUTIES AND RESPUNSIBILITIF,S The DEPARTMENT will ensure the following activities: A. Only sworn. DEPARTMENT law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the OAG. B. Conduct reactive investigations where subjects are associated with the DEPARTMENT's jurisdiction, including investigations of child pornography, CYBERTIP referrals from NCMEC, Internet Service Provider and law enforcement referrals, and other ICAC- related investigations. Additional case initiations may develop from subject interviews, docurnented public sources, direct observations of suspicious behavior, public complaints, or other appropriate sources. C. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager. D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the DEPARTMENT with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of the DEPARTMENT ICAC Task Force personnel, with restricted access to authorized personnel only. ICAC MOU Page 2 of 4 F. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force. SECTION 5 SUPERVISION;COMPLIANCE wim REGULATORY AND LICENSING BODIES The DEPARTMENT will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. The DEPARTMENT agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this MOU. The DEPARTMENT agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. SECTION 6 NO EMPLOYMENT RELATIONSHIP WITH THE OAG; Lmn.ITY The DEPARTMENT expressly agrees that there is no employment relationship between the DEPARTMENT and the OAG. Under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of the DEPARTMENT be considered an employee, agent,servant,joint venturer,joint enterpriser or partner of the OAG. To the extent allowed by law, the DEPARTMENT is responsible for all types of claims whatsoever due to their own actions or performance under this MOU, including, but not limited to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers, directors,employees, volunteers or any third parties. SECTION 7 REPORTING S'T'ATISTICS Using the reporting form provided by the OAG, the DEPARTMENT shall submit monthly statistics to the OAG on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the 10th calendar day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and. court orders issued, training hours attended and taught, and community outreach provided. In addition, the DEPARTMENT shall provide detail reporting on the basic case data for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by the DEPARTMENT. The OAG will then be responsible for all required reporting to OJJDP. ICAC MOU Page 3 of 4 SECTION K TRAINING The DEPARTMENT shall make investigators designated as ICAC Task Force members available for applicable specialized training provided through the national. ICAC program and other appropriate training programs. The DEPARTMENT will support the on-going training needs of its investigators to maintain their competency and currency. SECTION 9 CONFIDENTIAurY It is understood that any confidential information pertaining to ICAO investigations will be held in the strictest confidence, and will only be shared with participating OAG ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. Section 10 Term of MOU This MOU shall be effective on April 1, 2013 and will continue in effect until August 31, 2015. Section 11 "Termination of MOU Either .Party, at its sole discretion, with or without cause, may terminate this MOU upon thirty (30)calendar day written notice to the other Party. Reasons for the OAG to terminate this MOU, include, but are not limited to failure of DEPARTMENT to accept and/or investigate eyber tips, failure of DEPARTMENT to report statistics to the OAG, failure of DEPARTMENT to adhere to national ICAC program's Operational and Investigative Standards, or failure of DEPARTMENT to not exercise reasonable efforts to support the on-going training needs of its investigators to maintain their competency and currency. Section 12 Signatures The Parties stipulate and agree that the signatories hereto are signing, executing and performing this.MOU only in their official capacity. OFFICE OF THE ATTORNEY BEAUMONT POLICE DEPARTMENT GENERAL Printed Name:_ Printed Name: Office of the Attorney General Authorized Official ICAC MOU Page 4 of 4 GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1340454 This grant contract is executed between the Office of the Attorney General (OAG) and Beaumont Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and Beaumont Police Department may be referred to in this contract individually as "Party"or collectively as"Parties." SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children (ICAO)Task Farce Program, United States Department of Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention, seeks to maintain and expand State and regional ICAC task forces to address technology-facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children. The program requires existing task forces to develop multi- jurisdictional, multi-agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. The purpose of this contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on April 1, 2013 and shall terminate August 31, 2013, unless it is terminated earlier or extended in accordance with another provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE's CONTRACTUAL SERVICES 3.1 GRANTEE's Compliance with. the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 2012-MC-FX-K047. The GRANTEE will comply with the terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 201.2-MC-FX-K047, (OAG Award Document), as well as the applicable provisions of the OAG iCAC Grant Application or OAG Award Document as 1CAC 5uhrecipicni Grant Contract—Beaumont Police Mpaitmeot Page I of 19 EXHIBIT"B" supplemented, amended or adjusted. 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. The GRANTEE's budget is attached as Exhibit A. The grant project narrative is as follows: To support certain travel expenses and other expenses. 'llhe Special Conditions, including the OAG Award Document,are attached as Exhibit B. The OAG, at its sole discretion,will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, and outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this contract. SECTION 4 REQUIREo REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall establish written procedures to ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to tithe, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the correction information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner;organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. GRANTEE must submit a written request by the governing body on GRANTEE's letterhead, with original signature, to change an Authorized Official. GRANTEE, by an email, fax or ICAO Suhrecipimu Gn nt Contma-Beaumont Police Delmnment Page 2 of 18 GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and prograni deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain financial management and control systems that include appropriate financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; financial management systems, including accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; determination of reasonableness, allocation of costs; and timely and appropriate audits and resolution of any findings; and annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records and other information relating to services provided in accordance with applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semiannual Progress Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting;requirements, including the reporting requirements of outcome measures. The GAG is required to report, within 30 days after the end of the reporting periods, certain outcome measures. The semiannual reporting periods end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. ICAC Subrecipicnt Grans Contrect--Beaumont Police Dep arnncnl Page 3 of 18 GRANTEE shall report data to the OAG on the following outcome measures: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor(or its equivalent)arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions obtained; g. Total number of ICAC-related arrests during reporting period; h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology-facilitated child sexual exploitation and Internet Crimes Against Children; 1. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to nonmember law enforcement agencies. 4.2.2 ICAC Task Force Program Monthly Performance Measures.GRANTEE will support the OAG in its reporting requirements of ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures, which shall include additional supporting data elements, include,but are not limited to,the following: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f. Training; and g. Community Outreach Presentations. 4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements of the following measures: a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, ICAC Submcipient Grant Contract­Beaumont Police Department Page4 of 18 including: I. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including- i. whether the prosecution resulted in a conviction for such crime; and ii. the sentence and the statutory maximum for such crime under State law. c. The number of referrals made by the task force to the United States, Attorneys office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies. £ - The-number -of- computer forensic- examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the quarterly and annual reports presented to the OAG. 4.2.5 Other Program Reports. GRANTEE shall coope-rate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods, client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the annual budget as established in this contract. ICAO Subrocipient Giant Contrau--Beaumont Police Uepanment Page 5 of 18 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG, The OAG may from time to time require different or additional supporting documentation. A financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. On or before June 30, 2013 or a date as established by the OAG,GRANTEE will submit fiscal year end required reports. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v)supplies, and(vi)other direct operating expenses. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit, via email, to the OAG a copy of its annual independent financial audit—"timely"means on or before May 31 for an grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the OAG is on or before nine (9)months after the end of GRANTEE's accounting year. GRANTEE will. contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OM13 Circular A-133 (audits of State, Local Government, and Non-Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 riming of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and ICAO Subrccipicnt Grant Conimci-Bcaumcmt Poticc Department Page 6 of 18 shall make every reasonable effort to submit monthly billings to the OAG, which cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (20th) working day of each month, or if the 20"' falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice not later than the earlier of (1) forty-five(45) calendar days after tenmination of this contract; or(2) forty-five(45) calendar days after the end of each state fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.7 Refunds and Deductions. if the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty(30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment or assets, which is available to the OAG at all times upon request. GRANTEE will administer a program of maintenance, repair, and protection of equipment or assets under this contract so as to ensure the full availability and usefulness of such equipment or assets. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said equipment or assets. To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies with funds from this contract, GRANTEE agrees that upon termination of the contract, title to or ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain with the OAG. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing; and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the IC:AC Subrocipie t Gnot Conowt-Bcautnont Police Department Page 7 of IS setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. Ucrm 5 OBLIGATFONS of OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. 5.3 Reimbursement of Grantee Expenses. The OAG shall be liable to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. In addition to other reasons, prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un-awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, without first executing a written amendment to this contract. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds as stated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance pursuant to this contract. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the terns of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for the purpose of this grant program, or if the appropriated funds made for the purposes of this grant program, are deemed, in the sole discretion of the OAG, required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. ICAC Subrec:ipient Grant Contract-Beaumont Police Department Page R of i& SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract in whole or in part, without recourse, Iiability or penalty, upon thirty(30)calendar days notice to the other party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity,by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by it nature would be intended to be applicable following any such tenmination. The following terms and conditions, (in addition to any others that could reasonable be interpreted to survive but are not specifically identified), survive the termination or expiration. of this contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGUTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records to support its charges, procedures, and performances to the OAG for all work related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the United States, or such other pet-sons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit 'Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by GRANTEE will, at a minimum, identify the WAC Subrecipiem Grant Contract-Beaumont Police Department Page 9 of 18 supporting documentation prepared by GRANTEE to permit an audit of the system by tracing the activities of individuals through the system. GRANTEE'S automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of,or modification of confidential information. 7.4 Access and Audit. GRANTEE shall grant access to and make available copies of all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any contractor to discharge GRANTEE's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s)that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract, shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five(5)business days advance notice:of any such examination or audit. 7.5 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the-location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services,utilities and office-related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE.The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web-based data collection method. Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to: OAG-Grants@texasattomeygeiieral.gov If requested or approved by the OAG, other programmatic reports, may be submitted to: Program Manager—Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 ICAC 5ubirA:ipient Grant Contract--Beaumont Police Department Page 10 of 19 Austin,Texas 78711-2548 $.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager--Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin,Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports,if requested or approved by the OAG,may be submitted to: OAG-Grants@texasattomeygeneral.gov SECTION 9 CORREc,nvE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's perfortnance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with the invoices submitted during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including,but not limited to,withhold or suspend funding,offset previous reimbursements, require repayment, disallow claims for reimbursement, reduce funding, terminate this contract and/or any other appropriate sanction. ICAO Subrecipierrt Gnun Contraut-.Beaumont Police Department Page I I of 18 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions,GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. Sr;Cr[ON 10 GENERAL Turns AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders,regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Governor's Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non-procurement debarment certification, drug-free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with UGMS and the applicable OMB circulars, returli of grant funds in die event of loss or misuse, and conflict of interest. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE, and follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records relating to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gn-atuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to their performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their performance under this contract. ICAC Subruipient Grant Contract--Beaumont Police Departntcni Page 12 01,18 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related Federal governmental bodies related to GRANTEE's right to conduct it business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of GRANTEE be considered an OAG employee, agent, servant, joint venturer,joint enterpriser or partner of the OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent,servant,joint venturer,joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of their contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or contractors shall be responsible for ensuring that there is payment of any and all appropriate payments,such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract,including,but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties and GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of their actions or performance under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability,actions,claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or ICAC SuBrxipicntGonni Contract-•Bcautnont Potice Department Page 13 of 18 indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing, materials, without first obtaining the written consent from the OAG. This section is not intended and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and GRANTEE hereby grants to the OAG or the state (or federal government, if federal funds are expended in this grant);government. The OAG is granted the unrestricted right to use, copy, modify,prepare derivative works,publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required tinder the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program inco me. shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract tern; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior 'Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. it is within the OAG's sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with the provisions of this contract to the extent compliance is needed to support GRANTEE's compliance with this contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). ICAC Subrecipient Grant Contract Beaumont Police Department Page E4 of 18 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OA.G or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.9 Governing Law; Venue. This contract is made and entered into in the State of'Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District. Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above- named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance." 11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention 1CAC Task Force Operational and Investigative Standards. SECTION 12 CONSTRUCTION OF CONTRACT ANI)AMENDMENTS 12.1 Construction of Contract. The provisions of Section I are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits. This contract, including all exhibits reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. By executing 1CAC Subrecipieni Grant Contract-Beaumont Police Department Page 15 of Is this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 1.2.4 Partial Invalidity. If any tern or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY BEAUMONT POLICE GENERAL OF TEXAS DEPARTMENT Printed Name: Printed Name: Office of the Attorney General Authorized Official ICAC Subteeipient Grant Contract--tieautrom police vepamnom Page 16 or 18 EXHIBIT A GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1340454 Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of die OAG to GRANTEE directly or indirectly arising out of this contract and in consideration of full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any perfornance herein, shall not exceed: THREE THOUSAND THREE HUNDRED AND 00/100 ($3,300)DOLLARS Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel Fringe Benefits $ 0 Professional &Contractual Services $ 0 Travel $ 2,350 Equipment. $ 0 Supplies $ 0 Other Direct Operating Expenses $ 950 Total $3,300 CCAC Subrwipiuu Giant Contract-Beaumont Police Deparunew Page 17 of IS EXHIBIT B GRANT CON'T'RACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1340454 SPECIAL CONDITIONS Special Conditions are imposed by the OAG at this time. GRANTEE's signature on this contact will be treated as a signature agreement for each of the 15 pages of the Special Conditions, as attached. In addition to the Special Conditions identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. The Special Conditions that apply to this contract are: • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG Award Document),2012-MC-FX-K047,and any subsequent award document. ➢ Seven(7)pages. • Compliance with the Department of Justice, Office of Justice Programs, Office of Civil Rights federal civil rights laws, as provided in letter dated September 28,2012, to Texas Office of the Attorney General and any subsequent award document. ➢ Two(2)pages. • Department of Justice, Office of Justice Programs, Assurances—Non Construction and Standard Assurances. ➢ Six(b)pages. WAC Subr cipient Grant Cattract.8caumant Police Department Page Is of 18 Department of Justice Office ofJustiee Prosrouis PAaE 1 OF 7 Office of Juvenile Justice and Cooperative Agreement Delinquency Prevention 1.RECIPIENT NAML AND ADDRESS(Including Zip Code) 4.AIVARD NUMBER: 2012-MCRX-KO47 Tex"OMC*or the Attontey Omcral PO Box 12548 S.PROJECT PERIOD:FROM 07AW"12 TO 00 0013 013 Austin,TX 75711.2548 BUDGET PERIOD:FROM 0710112012 TO 0002013 6.AWARD DATE ngr&W 12 7,ACTION IA.GRANTEE IRSIVBNDOR NO. 9.SUPPLBMENTNUMBER Initial 746000051 00 9.PREVIOUS AWARD AMOUNT so 3.PROJF-CTTITLB Y 10,AMOUNT Or VIS AWARD $41`8,311 Texu Ofte olilm Atlontcy 0twel Southern ICAC Tack Face I I,TOTAL AWARD $429,311 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCI1 CONDTI70NS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGO(S). 13,STATUTORY AUTHORITY FOR GRANT TMis pmjw 4suppated under FY 12(OJJDP 1CAC)42 USC 1761!-17617 15,METHOD OF PAYMENT OPRS AOHNCY APPROVAL GRANTEE ACCEPTANCS 16.TYPED NAME AND TITLE OF APPROVINO OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Mary Lou Leery Daniel Nudge Ara Assistant Attorney Oenerel Ading Auiatmd Atlornoy Oenerol 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENTOFEICIAL 19A.DATE. f AGENCY USE ONLY 20,ACCOUNTING CLASSIFICATION CODES 21. LMCTOT0337 FISCAL FUND BUD. DIV. YEAR CODE ACT. OPC. ItEG. SUB. POMS AMOUNT X P me 70 00 00 428311 I OJP FORM 40004(REV,S-87)PREVIOUS EDITIONS ARE OBSOLETE. f OJP FORM 40002(REV.4.88) i Department of Justice Office of Justice Programs AWARD CONTINUATION OMee of Juvenile Justice and SHEET PAGE z OF t Delinquency Prevention Cooperative Agreement PRQtEGT NUMBER 2012-MC-FX-K041 AWARD DATC OW=012 SPECIAL CONDJTIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the OFfice of Justice Programs(OJP)Financial Guide. 2. The recipient noknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302},that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension m•terminatinn of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,And its of States, Local Governments,and Non-Profit Organizations,and further understands and agrees that fiutds may be withhold,or other related requirements maybe imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant Rinds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Plnanelal Guide. 4. Recipient understands and agrees that it cannot use any federal tUnds,either directly or indirectly,in support of the enactment,repeat,modification or adoption of any law,regulation or policy, at any level of government,wi thout the express prior written approval of OJP. 5. no recipient must promptly refer to rite DO,t OIG any credible evidence that it principal,employee,agent,contractor, subgreintee,subcontractor,or other person has either 1)submitted a false claim for grant funds under 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 involving grant fimds.This condition also applies to any subrecipients.-Potential thud,waste, abuse,or misconduct should be reported to the 010 by- MOB: Office of the inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avonuo,N.W. Room 4706 Washington,DC 20530 e-mail:oig.hotlinoWsdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DOJ 01G website at ww%v,usdoj.gov/oig. 6. Recipient understands anal agrees that it cannot use any federal funds,either directly or indirectly,in support of fitly contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with nny additional requirements that may be imposed during LA t�fiii�forrnanw period if the agency determines that the recipient is a high-risk grantee.Cf.28 initial r f I r OJP FORM 40000(RCV.448) i f i Department of Justice office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGa 3 OP 7 Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2012-MC-FX-K047 AWARDDAT13 09PMO12 SPECIAL CONDITIONS S. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration(CCR)and applicable restrictions on subawards to ffrstdlor submcipients that do not acquire and provide a Data Universal Numbering System(DUNS)number. The details of recipient obligations are posted on the otrice of Justice Programs web site at httpWwww.ojp.gtrvlfunding/oer.htm(Award condition:Central Contractor Registration and Universal Identifier Requirements),and are incorporated by reference here. This'speciol condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or the may own or operate in his or her name). 9, Pursuant to Exectnivc Order 13513,"lrederal Leadership on Rcducing Text Messaging While Driving.'74 Pcd.Reg. 51225(October I,2009),the Department encourages recipients end sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,slid to establish workplace safety policies and conduct education,awareness,slid other outreach to decrease crashes caused by distracted drivers. 10. The recipient agrees to comply with all applicable lawt,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing tine use of federal funds for expense& related to conferences,meetings,tminings,and other events,including the provision of food and/or beverages at such events,and costs of attendance at such events. Information on pertinent laws,regulations,policies,and guidance is available at www,ojp.govltundingiconfcost.htm. 11. The recipientuttderstands and agrees that any training or training materials developed or delivered with Rending provided under this award must adhere to the ON Training Guiding Principles for Grantees and Subgrantees,available at hitp-.IAvww.ojp.usdoj.gov/funding/ojptralningguidittgprinoiptes.htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federat funds other(ban this ON award,and those award funds have been,are being,or are to be used,in whole or in part,for one or more of tho identical cost items for which funds ore being provided under this OJP award,the recipient will promptly notify,in writlaWthe grant manager for this OJP award,and,if so requested by OJP,seek a budget-mod!fleation or change-of=project-scope grout adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 13, Prior to the expenditure of confidential funds,the recipient and any subrerapicltts agree to sign a certification indicating that he or she has read,understands,and agrees to abide by all of tbo conditions pertaining to confidential fund j expenditures as set forth in the oil,Financial Guide. 14. With respect to this award,federal funds may not be used to pay cash compensation(salary plus bonuses)to any employee of the award recipient lit a rate that exceeds 110%ofthe maximum annual salary payable to a member of the federal government's Senior Execulive Service(SES)at an agency with a Certified SPS Performmce Appraisal System for that year, (At)award recipient may compensate sit employee at a higher rate,provided the amount in excess of this l compensation limitation is paid with iron-federal funds.) This limitation on compensation rates allowable under this award may be waived oil an individual basis at the i discretion of the OIP official indicated in the progrmn announcement under which this award is made, initial e i 03p CORN 4000/2(Rev.4-SR) f Department of Justice V.dwnlh�. Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 4 OP 7 Delinquency Prevention Cooperative Agreement PROJBM ISIUMBER 3012-MC-PX-X*47 w AWARD DATE 09/20012 SAECUL CONDMONS 15. 73te Office of Juvenile Justice and Delinquency Prevention has elected 10 enter into a Ceoperativo Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the project is as follows: a.Review and approve major work plats,including changes to such plans,and key decisions pertaining to project operations. b.Review and approve major project generated documents and materials used in the provision of project services. Provide guidance in significant project planning meetings,and participate in project sponsored training events or conferences. 16. The Project Director and key program personnel designated in rite appIICation shall be replaced only for compelling reasons. Successors to key personnel must be approved,and such approval is contingent upon submission of appropriate information,including,but not limited to,a resin e, OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes,unless otherwise designated in the award document. 17. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods,which are June 30 and December 31,for the life orthe award. 'these reports will be submitted to the Office of Justice Programs,on-line through the intemet at htlps:/fgrants.ojp.usdoJ.govf. i j f E s i 1 initial OJP P01tM 400012(REV.4-SS) € Department of Justice Office of Justice Programs AWARD CONTINUATION Office of Juvenlie Justice and SHEET PAaE 5 DP 7 Delinquency Prevention Cooperative Agreement PROlEaNUMEER 2012-MC-rX-RO47 AWARD DATE OW3R/2012 SAECIA COND17YONS 18. Within 45 days after the and of any contcrence,meeting,retreat,seminar,symposium,training activity,or similar event funded under this award,and the total cost of which exceeds 520,000 in award funds,Ilia recipient must provide the program manager with the following information and itemized costs: 1)name of event; 2)ever:t dotes; 3)location of event; 4)number of federal attendees; 5)number of non-federal attendees; G)costs of event space,inchtding roestw for break-out sessions; 7)costs of audio visual services; 8)other equipment costs(e.g.,computer fees,telephone fees); 9)costs of printing and distribution; 10)costs of meals provided during the event; 11)costs of refreshments provided during the event; 12)costs of event planner, 13)costs of event facilitators;and 14)any outer costs associated with the event. I The recipient must also itetnize and report any of the following attendee(including participants,presenters,speakers) costs Iha(are paid or reimbursed with cooperative agreement ftmda: 1)meals and incidental expenses(M&lE portion of per(Item); 2)lodging; 3)transportation to/from event location(e.g,,common carrier,Privately Owned Vehicle(PON,));and, 4)local transportation(e.g.,rental czar,POV)at event location. Note that if any item is paid for with registration fees,or any other non-award funding,then that portion of the oxpense does not need to be reported. i OJP will provide further Instructions regarding the submission of this data of a Inter time. r 1 initiai Olv i-ORM 400012(REV.:sa) i • f I Department of Justice Office of Justice Programs AWARD CON'TINUA'TION Office of Juvenile Justice and SHEET PACs: a 0? 1 Delinquency Prevention Cooperative Agreein eat PROJECT14 MBER 2011-MC-PX-KO47 AWARD DATE w2wot2 SPECL4L CONDITIONS 19. ICAC Annual Reports The recipient agrees to submit annual reports to OJP that set forth the following. (A)Staffing levels of the task force,including the number of investigators,lisosecutors,education specialists,and forensic specialists dedicated to investigating and prosecuting Internet crimes aphist children, (S)investigation and prosecution performance rneastues of die task force,including-- (I)the number of investigations initiated related to Internet crimes against children; (ii)die number of orrests related to Internet crimes against children;and (Iii)the number of prosecutions for Internet crimes against children,including— (1)whether the prosecution resulted in a conviction for such crime;and (11)the sentence and the statutory maximum for such crime under State law, (C)The number of.referrals made by the task force to the United States Attorneys office,including whether the,re&nril was accepted by the United States Attorney. (D)Statistics dial account for the disposition of investigations that do not result in arrests or prosecutions,such as refcnrabr to other law etifti amen, (E)The numbcr of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies. (F)The number of couhputor forensic examinations that the Disk force completed. (G)The number of law enforcement agencies participating in Internet crimes against children progratn standards established by the task force. 20. The recipient agrees to forward reports of ICAO Task Force Program Monthly Performance Measures to the OJJDP- designated site. 21. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards 22. The recipient acknowledges that the OMcc of Justice Programs(01F)reserves a royalty-free,non-exclusive,and irrevocable license to reproduce,publish,or otherwise use,and authorize others to use(in whole or in pail,including in connection with derivative works),for Federal purposes:(t)any work subject to copyright developed under on award or subaward;and(2)any rights of copyright to which a recipient or subrecipieni purchases ownership with FWehal support. The recipient acknowledges that OJP has the right to(1)obtain,reproduce,publish,or otherwise use the data first produced under an award or subaward;and(2)authorize others to receive,reproduce,publish,or otherwise use such data for Federal ptuposes. "Data"includes data as defined in Federal Acquisition Regulation(FAR)provision 52.227- 14(Rights In Data-0cneml). , It is the responsibility of the recipient(anti of ench subrecipient,ifopplicable)to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients,contractors,and subcontractors(if any)all rights and data necessary to Nifill the recipleneq obligations to the Governmentmxler this award. If n proposed subreciplent, contractor,or subcontractor rcfinses to accept terms affording the(kwemment such tights,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. initial • s OJP FORM 4000/2(Rev.449) i - F i i Department of Justice Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SIMET PAOe 7 OF 7 Delinquency Prevention Cooperative Agreement PROJBCTNUMHGR 2012-MC-FX-047 AWARD DATS 09/2812012 SAECJAL CONDi7YONS 23. The recipient agrees to comply Mill applicable requirements to report first-dor subowards of 525,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrccipients of award finds. Such data will be submitted to the FFATA Subeward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Pnvgrams web site at http:Hwww.ojp,govJRmding/f nta.btm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting roquirenient does not apply to grant awards matte to an individual who received the award as a nature[person(i.e.,unrelated to any business or non-profit organization that he or she may own operate in his or her name). 24. Any Web site that is funded in whole or in part under this award must inchide the following statement on the home page,on nil major entry pages(i.e.,IxVs(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 Wcb-based service,including any pages that provide results or outputs from the sorvice; "This Web site is funded(insert"in part;'if applicable)through a grant from the(insert name of OJP component), 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 servioes 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"Nodes of Federal Funding and Federal Disclaimer,"to the full text of the statement. i 25. Approval of this award does not indicate approval of any camultant rate in access of 5450 per day.A detailed justification must be submitted to and approved by the Office of Justice Programs(OJP)program office prior to obligation or expenditure of such funds. f initial i OJF FORM 40M(REV.4-88) f Department of Justice Office of Justice Programs Office for Civil Rights trMrinvon.D.C.0331 September 28,2012 Mr,Daniel Hodge Texas Office of the Attorney General PO Box 12548 Austin,TX 78711-2548 Dear Mr,Hodge: Congratulations on your recent award.In establishing fsnavofat assistance programs,Congress linked the receipt of federal funding to compliance with Federal civil rights laws.The Office for Civil Rights(OCR),Offsoe of Justice Programs(OJP),U-S,Department of Justice is responsible for ensuring that recipients of financial aid from OJP,its component offices and bureaus,tho Office on Violence Against Women(OVW),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regulations.We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Insuring Access to Federally Assisted Programs As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,national origin, roligion,sax,or disability in funded prograts or nctivides,not only in ruMcf to employmem practices but also in the delivery of services or benefits.Federal law also prohibits funded programs or activities front discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency(LRP)Individuals In accordance with De priment of Justice Guidance pertaining to Tike VT of the Civil Rights Act of 1964,42 U.S.C.§20ODd,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs ancf activities for persons with limited English proficiency(LEP),For more infrntnatfon on iho civil rights responsibilities that recipients have in providing langumse services 10 LEP individuals,please see the wobsite at bttp://www.leii.gov. Ensuring Equal Treaunent for Faith-Based Organizations The Department of Justice lies published a regulation specifically pertaining to the ftutding of faith-based organizations.In general,the regulation,Participation in Justice Department Programs by Religious Organizations;Providing for Equal Treatment of all Justice Department Program Participants,and known as the Equal Treatment Regulation 28 C.F.R part 38,requires State Administering Agencies to treat these organizations the saute as any other applicant or recipient.The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religions character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently reiigiots activities.While fbirh-based organizations can engage in non-funded inherently religious activities,they trust be held separately ; from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them.The Equal E Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to i discriminate in ilia provision of services on the basis of n beneficiary's religion.For more information on the regulation,please see OCR's website at hitp;//www.ojp.usdoj.govlocr/ctlo.lttrn. State Achninistering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime f Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the if basis of religion in employment.Despite these nondiscrimination provisions,the Justice Department has concluded that Elm Religious Freedom Restoration Act(RFRA)is reasonably construed,on a ease-by-casc basis,to require that its funding agencies pennit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff,even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. 1 Questions about the mpilation or the application of 1tFRA to the statutes that prohibit discrimination in employment may be directed to this Office. E Enforcing Civil Rights Laws All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that are die subject of discrimination complaints from both individuals and groups.in addition,based on regulatory criteria,OCR sclem it number of recipients each year for compliance reviews,audits diet require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions,an organization which is a recipient of financial assictaiiee subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U.S.C.§3789d(c),or other Federal grant program requirements,must meet two additional mquircomits:(1)complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan(BEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discrimination,(see 28 C.F.R.J§42.205(5)or 31.202(5)). 1) Meeting the PEOP Requirement in accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.13,or certain Federal grant program requirements,your organization must comply with the following BEOP reporting requirements: If your organization has received an award for$500,000 or more and lids 50 or more employees(counting both full•and pon-time employees but excluding political appointees),then,it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter.For assistance in developing an HEOP,please consult OCR's websits ntlittpJ/www.ojp.usdO.govtecr/ceoP.Iltfn. You may also request technical assistance from an ESOP specialist at OCR by dialing(202)616.3208. If your organization received an award between$25,000 and 5500,000 and has 50 or more employees,your organization still has to prepare an£BOP,but it does not have to submit the ESOP to OCR for review.Instead,your organization has to maintain the EEOP on file and make it available fear review on request.In addition,your organization has to complete Section 8 of Ore Certification Form and return it to OCR.The Certification Form can be found at http://www.olp.usdoj.gov/0cr/ceop.htm. If your organization received an award for less than 525,000;or if your organization has less than 50 employees,regardless of the nniount of the award;or if your organization is a medical institution,educational institution,nonprofit organization or Indian tribe,then your organization is exempt from the BEOP requirement.However,your organization must complete Section A of die Certification Form and return it to OCR.The Certification Form can be found at littp-//www.ojp.ms4oj,gov/ocr/000p.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse fading of discrimination against your organization after a due process hearing,on the ground ofroce,color,religion,national origin,or sex,your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies,you are responsible for assuring that stibrwipionts also comply with all of the applicable Federal civil rights laws,including the raquimments pertaining to developing and submitting an EEOP,reporting Findings of Discrimination,and providing language servicos to UP persons.State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subreripients. if we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR fit(202)307- 0690 or visit our website at littp:Uwww.ojp.iisdoj.gov/ocr/. : i 1 Sincerely, Michael L.Alston Director cc: (;'rant Manager Financial Analyst U.S.UEPARrMENT Or JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest.Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying"and 28 CFR Part 67, "Government-wide Debarment and Suspension(Non-procurement)and Government-wide Requirements for Drug-Free Workplace(Grants)."The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant,or cooperative agreement, i. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69,for persons entering into a grant or cooperative agreement over$100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the making of any Federal grant,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions; (c)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants, contracts under grants and cooperative agreements, and subcontracts)and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67,for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are-not presently debarred,suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public(Federal,State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions(Federal, State, or local)terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67,620 A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be Imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will (1)Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, In writing, within 10 calendar days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title,to: Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W., Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph (d)(2),with respect to any employee who is so convicted (1)Taking appropriate personnel action against such an employee, up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973, as amended: or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b), (c), (d), (e), and(f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant. Place of Performance (Street address,city, county, state, zip code) Check____if there are workplaces on file that are not identified here. Section 67,630of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each appli6tion for Department of Justice funding. States and State agencies may elect to use OR.-Form 4061117. Check___if the State has elected to complete OJP Form 4061/1. DRUG-FREE WORKPLACE(GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988,and implemented at 28 CFR Part 67, Subpart F. for grantees, as defined at 28 CFR Part 67:Sections 67.615 and 67.620 A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant;and B. If convicted'.of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing,within 10 calendar days of the conviction, to: Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W., Washington, D.C. 20531 As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2.Application Number andlor Project Name: 3. Grantee IRSNendor Number 4. Type./Print Name and Title of Authorized Representative 5. Signature 6. Date OJP FORM 4081/6(3-91)REPLACES OJP FORMS 406112.406113 AND 4061/4 WHICH ARE OBSOLETE. OFFICE OF JUSTICE PROGRAMS DJA NIJ OJJDP BJS OVC _.._....... OMB APPROVAL NO 1 121.0140 EXPIRE OtV3012009 ,. STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes,regulations, policies,guidelines,and requirements, includingOMB Circulars A-21,A-87,A-102,A-110, A-122,A- 133;Ex.Order 12372(Intergovernmental review of federal programs);and 28 C.P.R. pis.66 or 70 (administrative requirements for grants and cux)perative agreements)."the applicant also specifically assures and cerfifies that: 1. It has the legal authority to apply for federal assistance and the institutional,managerial,and financial capability(including funds sufficient to pay any required non-federal share of project cost)to ensure proper planning,tnanagenient,and completion of the project described in this application', 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. 3. It will give the awarding agency or the General Accounting Office,through any authorized representative,access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency,specifically including any applicable regulations,such as 28 C.F.R.pis, 18,22,23,30,35,38,421,61,and 63,and the award term in 2 CT.R.§ 175.15(b). 5. It will assist the awarding agency(if necessary)in assuring compliance with section 106 ot'the National Historic Preservation Act of 1966(16 U.S.C. §470), Ex,Order 11593(identification and protection of historic propetiies),the Archeological and Historical Preservation Act of 1974(16 U.S.C.§ 469 a-I et seq.),and the-National Environmental Policy Act of 1969(42 U.S.C. §432I). 6. 11 will comply(and will require any subgrantees or contractors to comply)with any applicable statutorily-imposed nondiscrimination requirements,which may include rite Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C. §3789d);the Victims of Crime Act(42 U.S.C. §106>04(e));The Juvenile Justice and Delinquency Prevention Act of2002(42 U.S.C:.§5672(b));the Civil Rights Act of 1964 (42 U.S.C.§2000d);the Rehabilitation Act of 1973(29 U.S.C.§7 94); the Americans will) Disabilities Act of 1990(42 U.S.C.§ 12131-34);the E-Aucation Amendments of]972(20 U.S.C, §§1681, 1683.1. 1685-86);and the Age Discrimination Act of 1975(42 U.S.C.§§6101.07).sera fix.Order 13279 (equal protection of the laws for faith-based and community organWitions). 7. If a governmental entity— a)it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C.§ 4601 et seq.),which govern the trearment of persons displaced as It result of federal and federally-assisted programs;and I b)it will comply with requirements of 5 U.S.C,§§ 1501.08 and§§7324-28,which If nit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature Date Date