HomeMy WebLinkAboutRES 14-259RESOLUTION NO.14 -259
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Grant Contract with
the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAC)
Task Force to provide training and technical assistance in support of their Internet Crimes
Against Children initiatives. Said Grant Contract is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
December, 2014.
�t
GRANT CONTRACT BETWEEN
T11E OFFICE OFT HE ATTORNEY GENERAL
AND
13144'AUMONT POLICE DEPARTMENT
OAG Contract No. 1557016
This grant contract is executed between the Office of the Attorney General (OAG) and
Beaumont Police Department (GRANTf;f') for certain grant funds. The Office of the Attorney
General and Bea1111101nt Police Department may be referred to in this contract individually as
"Party" or collectively as "Parties."
SECTION 1. PURPOSE OFTIIE? CONTRACT
The Internet Crimes Against Children (ICAO) 'I'ask. Force 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 worn: 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 nncans 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 TERN'I OF TII @. CONTRACT
'Phis contract shall begin on December 1, 2014 and shall terminate May 31, 2015, 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 GRAN FI" 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 2012- MC- FX -KO47, (OAG Award Document), as well as the
applicable provisions of the OAG ICAC Grant Application or OAG Award Document as
supplemented, amended or adjusted.
ICACSubiecipient Police DoIxInmem IVM10
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EXHIBIT "A"
3.2 Establishment of Final Project Budget; Grant Project Narrative; Special
Conditions. The GRANTEF"s budget is attached as Exhibit A.
The grant project narrative is as follows_
To support certain Internet Crimes Against Children (ICAQ travel expenses.
The Special Conditions, including the OAG Award DOCUnlent, are attached as Exhibit B.
']'he 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,
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 REQUIRED 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
ensure that it files each document or term 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 time,
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.
GIZANTTEE 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 GRAN El-,. A cllallge in CJIZANTEl 's nan1c rcquires an amendment to the contract.
To change an Authorized Official, GRANTI?E? must submit a written request on GRANTEE's
letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed
by the Authorized Official, may request a change to the Grant Contact, .
ICAO UFU11L Contract — 13emimont Policc D,_pIxmmcm 1 557016
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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 including financial and programmatic policies
and procedures.
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 program
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 appropriate financial management and
control systems, which include budgets that adequately reflect all functions and resources
necessary to carry out authorized activities and the adequate determination of costs; accurate and
complete payroll, accounting, and financial reporting records; cost source documentation;
effective internal and budgetary controls; allocation of costs; and timely and appropriate audits
and resolution of any findings and applicable manual financial statements.
4.1.5. Security and Confidentiality of Records. GRANTIJE shall establish a method to secure
the confidentiality Of records required to be kept confidential by 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 Semi- Annual Statistical (Performance) Reports, including Outcome Measure
Reports. GRANTEE; will support the OAG in its progress reporting requirements, including the
reporting requirements of outcome measures. The OAG is required to report, within 30 days
after the end of the reporting periods, certain outcome measures. The semi- annual 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.
Contents of Semi - Annual Statistical Reports. GRAN E.1: shall report data to the OAG
on the following outcome measures:
a. Number ofCybcrTipLJ, is referrals received and investigated;
b. Number of indictments obtained on Cybei-Tipline referrals;
c. Number of convictions obtained on Cybei-Tipline referrals;
d. Number of online solicitation of minor (or its equivalent) arrests;
c. Number of online solicitation of' a minor (or its equivalent) indictments
obtained;
1'. Number of online solicitation of a minor (or its equivalent) convictions
obtained;
IC AC Subrecipient Grant Contract -- Bcauniont Police Department 1 55701 6
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(T Total number of ICAC- related arrests during reporting period;
h. Number of partner agencies that sign memorandUun 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 enibreement 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 Progra ;n Monthly Performance Measures. GRANTEE will support
the OAG in its reporting requirements of the ICAC 'Task Force Program Monthly Performance
Measures. The OAG will establish the GRANTE 's monthly reporting deadlines. The
Performance Measures, which shall contain at a minimum the following additional supporting
data elements:
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. GRANTE'Ll' 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,
including:
[ . 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
if. the sentence and the statutory maximum for such crime
ICAC Subiecipient Gram Contract -- Beimmort Police Deparlment 1 57016
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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.
f 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 GRANTS from projected performance. In
addition to the written explanation, GRAN`I'l F shall promptly answer any questions of the
OAG, whether in writing or otherwise, in connection with the any reports presented to the OAG.
4.2.5 Other Program Reports. GRANTEE shall cooperate filly 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 revievving and
copying by the OAG or its designees.
4.3 Financial Matters
4.3.1 Gram Budgets. With regard to the use of funds pursuant to this contract, GRANTEE
will immediately review the annual budget as established in this contract.
4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are
paid on a cost rei►rlbursement basis. GRANTFF' 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
IC'AC Subrecipicnt Grant Cowwct — Beaumont Police Deparbnent 1557016
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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
seekim., reimbursement.
4.3.3 fiscal Year End Required Reports. On or before April 15, 2014 or a date as established
by the OAG, GRANTEE will submit fiscal year end required reports.
Record of Reimbursement. GRAN`IJd- 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. GIZANTEE 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 fiends.
4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit 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.
GRANT ,I will contract an independent CPA firm to perform ail annual financial audit
engagement. GIZANfI_`,E's independent CPA firm will determine the type of annual financial
audit, which may include a compliance attestation in accordance with the requirements of OMB
Circular A -133 (audits of State, Local Government, and Non - Profit Organizations) and /or Texas
Single Audit Circular (Single Arrdit 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
GRANITE.
4.3.5 'Timing of Submission of Request for Reimbursement to the OAG; Close Out
Invoice. GRANTEE is responsible ffir submitting bills in an accurate and timely manner, and
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
(201") of each month, or it' the 20t1i 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. GIZAN1,El may submit a final invoice not later than the earlier of (1) forty -
five (45) calendar days after termination 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 reirburse
IC1C SLJ,Iecipient Gave Co flact — 13eaunwnl Police Dolmitment 1557016
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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
rcimbursentent, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a
payment directly from GRAN'T'EE 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. GIZANTEE shall permanently identify all equipment
purchased under th is contract by appropriate tags or labels affixed to the equipment. GRANTEE
shall maintain a current inventory of all equipment which shall be available to the OAG at all
times upon request, however, as between the OAG and Grantee title for equipment will remain
with Grantee.
GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with
grant finds so as to ensure the full availability and usefulness of such equipment. In the event
GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of,
or damage to the equipment purchased under this contract, it shall use the proceeds to repair or
replace said equipment.
4.3.9 Direct Deposit. GRANTI_;I 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
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 disCOntir!LIC providing GRANTEE
with copies of reimbursement vouchers.
SECTION 5 OBLIGATIONS OF OAGY
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.
WA Sutxccipient Gant Contract — I3cautnu3rt Police )XIM A MOM 1 X57010
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5.3 Reimbursement of Grantee Expenses. The GAG shall be obligated 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. 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 title items to any awarded budget
category.
5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an
entitlement or right. ReimbUlSelnent 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 GAG is void unless a written amendment to this contract is first
executed. GRANTFIF agrees that nothing ill this contract will be interpreted to create an
obligation or liability of the OAG in excess ofthe fluids delineated in this contract.
5.5 Funding Limitation. GRANITE agrees that funding for this contract is subject to the
actual receipt by the OAG of grant funds (state and /or federal) appropriated to the OAG.
GRANI"T' agrees that the grant funds if any, received from the OAG are limited by the term of
each state biennium and by specific appropriation authority to and the spending authority of the
GAG for the purl)ose 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 this grant program, or if the funds appropriated to the
OAG for this grant program are required by the state 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.
SECTION 6 TETIMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
contract without recourse, liability 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 GRANITE immediately terminate 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 its nature would be intended to be applicable following any such
ICAC Sid:rccipienl Gram Conuuct -- 13eaunxnu Police Dcpmlmcm 1557016
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termination. The following terms and conditions, (in addition to any others that could reasonably
be interpreted to survive but are not specifically identified), survive the termination or expiration
of this contract: Sections 4, 5, 7, 11: and 12.
Swrtow 7 AuDrr RIGtrrs; RE, cow)s RL,"TwTtoN
7.1 Duty to Maintain Records. GRANTPI'E shall maintain adequate records that enable the
OAG to verify all reporting measures and requests for reimbursements related to this contract.
GRANIT'F' 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 federal government
or such other persons or entities designated by the OAG, to ensure proper accounting for all costs
and performances related to this contract.
7.2 Records Retention. GRAN`rl - -'.E ? 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. GRAN E shall maintain appropriate audit trails to provide accountability
for all reporting measures and requests for reimbursements. Audit trails maintained by
GRANTEE will at a minimum, identify the supporting documentation prepared by GRANTEE.,
to permit an audit of its systems. GRANI'EE's automated systems, if any, 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. Al the request of' the OAG, GRANTEE shall grant access to and
make available 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
GRANTED to the OAG or its designees f -or the purposes of inspecting, auditing, or copying such
items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under
this contract or through a subcontract under this contract to likewise permit access to, inspection
of, and reproduction of all books, records and other relevant information of the entity, person or
contractor that pertain to this contract. All records, books, documents, accounting procedures,
practices, and any other items, in whatever i'orm, relevant to the performance of this contract
shall Lie subject to examination or audit. Whenever practical as determined at the sole discretion
Of the OAG, the OAG shall provide GRANTED with up to five (5) business days advance notice
Of any such examination or audit.
7.5 State Auditor. In addition to and without limitation on the other audit provisions of this
ICAC Sobrccipient Grant Conima - Bcattnront Poiicc Department 1557016
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contract, pursuant to Section 2262.003 of the Texas Government Code, the State Auditor's
Office may conduct an audit or investigation of GRANTEE or any other entity or person
receiving Funds from the State directly under this contract or indirectly through a subcontract
under this contract. The acceptance of finds by GRANTI;1` or any other entity or person directly
under this contract or indirectly through a subcontract: under this contract acts as acceptance of
the authority of the State Auditor's Office, under the direction of the Legislative Audit
Committee, to conduct an audit or investigation in connection with those funds. Under the
direction of the Legislative Audit Committee, G12AN E'E' or another entity that is the subject of
an audit or investigation by the State Auditor's Office must provide the State Auditor's Office
with access to any information the State Auditors Office considers relevant to the investigation
or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the
conduct of the audit or investigation, including providing all records requested. GRANTEE shall
ensure that this paragraph concerni►tg the authority to audit funds received indirectly by
subcontractors through GRANTEE and the requirement to cooperate is included in any
subcontract it awards. The State Auditor's Office shall at any time have access to and the right to
examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and
records of GRANTED related to this contract.
7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of
business and /or the location(s) of GRFAN'T H"'s operations during GRANTEE's normal business
hours. GRAN'T'EE 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 INFORMA "rION 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- Grantsk'i tcxasatto►•neyge►icral.gov
If requested or approved by the OAG, other programmatic reports may be submitted to:
Program Manager -- Grants Administration Division
Office ofthe Attorney General
Mail Code 005
Post Office Box 12548
ICAC Sul hroc ill] e -ut (film C('JIbacl -13ca niont Police 1 ?ptuutrent 1557016
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Austin, 'Texas 78711-2548
8.2 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- Gl ,antsOtexasattorneygeneral.gov
SECTION 9 CORRTCrrvG, 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 performance
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 that 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
GRANTIC 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 GRAN'11 E is placed on financial hold, the OAG, at its sole
discretion, may deny reimbursement requests associated with the expenses incurred 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, withholding or suspending funding,
oITsCtting previous reimbursements, requiring repayment, disallowing claims for reimbursement,
reducing lundino terminate this contract and /or any other appropriate sanction.
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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.
SECTION 10 GENI:I2AL TERMS AND CONDI 'I'IONS
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 Texas Governor's
Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG
Certifications and Assurances as contained in the Application Kit.
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 GRANfI:;E. Grantee shall 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 or offered to
give, nor does GRANl'I3E intend to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, 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 its performance under this contract. GRANTEE must
disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential
confl icts of interest relative to its performance under this contract.
10.5 Compliance with Regulatory and Licensing Bodies. GRANTf?E 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
WAC Subiecipicnt Grant C:namm -- Beaumom Police Depsncienl i55W);6
page 12 of I R
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 or 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,1'1?.IZMS ANI) CONI)II'IONS
11..1 Independent Contractor Status; Indemnity and Bold harmless Agreement.
GRANTEE expressly agrees that it is an independent contractor and under no circumstances
shall any owner, incorporator, officer, director, employee, or volunteer 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
GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE
or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that
any and all appropriate payments are made, 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, GRANTED, 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. 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 actions or performance of GRANTEE or
GRANTEE'S contractors 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
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 written consent from the OAG. This section is not intended to
and does not limit GRANTEF'.'s ability to comply with its obligations and duties under the Texas
Open Meetings Act and /or the Texas Public Information Act.
ICAC sid'iecipient Grant Con '.:act — Beaumont Police Dopnvnem I5S70ib
Pace 13 01 I 8
11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained
under this contract niay be used to produce original books, manuals, films, or other original
material and intellectual property, GRANTED may copyright such material subject to the
royalty -free, non - exclusive, and irrevocable license which is hereby reserved by the OAG and
granted by GRANTEE 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 deers 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 under 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 income 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 term; program
income not expended in this contract tern 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 GRANfEI:: is for the sole benefit of
GRAN E, l "' 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 GR_ANTEE's
compliance with this contract. GRANTI'E, 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 GRANhEE's subcontractor(s).
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 OAG 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.
ICnC subrccipient Grant Contract - Beaumont Police Department 1 »7016
Page 14 of' 19
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 purl)ose 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 of GRANTEE as a
member of the Internet Crimes Against Children 'fade Force. GRANTEE agrees to comply with
the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention ICAC Task Force Operational and Investigative Standards.
SECTION 12 CONSTRUCTION OF CONTRACT AND 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
ofthis 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
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
K'Ac Subrccipient Grant Contract — Bo- mintont Police Dep ilment 1557016
Page 15 of ! 8
Parties and presumed to be supported by adequate consideration.
12.4 Partial Invalidity. If any term 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 agree that the signatories hereto are signing, executing
and performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY
GENERAL OF 'TEXAS
Printed Name:
Office of the Attorney General
ICAO Subiccipiant Grant Convict _ Beaumont Police llepanment 1557016
Paec 16 of 18
BEAUMONT POLICE DEPARTMENT
Printed Name:
Authorized Official
EXHIBIT A
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAtJMONT POLICE DEPARTMENT
OAG Contract No. 1557016
Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the
OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all
expenses, shall not exceed:
TWELVE THOUSAND ONE HUNDRED TWENTY NINE DOLLARS AND 00 /100
($12,129) 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
$0
I"ringe Benefits
$0
Professional & Contractual Services
$0
"Travel
$0
EgL1ipn1e11t
$0
Supplies
$12,129
Other Direct Operating Expenses
$0
Total
$12,129
The maximum allowable expense for lodging is $115.00 per guest room per night including
applicable taxes; he maximum allowable expense for meals is $56.00 per day. ACTUAL
IZF�fflPTS for all expenses including, but not limited to. lodging, meals, rental cars and airfare
MUST 131_; SUBMIT "fED. Alcohol and tips will not be reimbursed.
The OAG cannot approve payment for non- refundable airline tickets and /or penalty fees incurred
for altered travel plans (and /or any other expenses) should the conference /training be canceled or
should the attendee not attend the training for any reason.
ICAO Subicapicnt Giant Conlracl -- Beaumont Police Department 1557016
Page 17 of 18
EXHIBIT 13
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1557016
SPECIAL CONDITIONS
Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones
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.
GRANhEE's signature on this contact will be treated as a signature agreement for each of the 19
pages of the Special Conditions, as attached.
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- Kt147, and any subsequent award document.
Seven (7) pages.
• Compliance with the Department of Justice, Office of Justice Programs, Office of
Juvenile Justice and Delinquency Prevention, as provided in memo to Official Grant
File, to 'Texas Office of the Attorney General and any subsequent award document.
One (l) page.
• Department of Justice, Office of Justice Programs, Office of ,Juvenile Justice and
Delinquency Prevention, Project Summary (OAG Award Document), 2012- MC -FX-
K047.
Two (2) 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 17, 2014,
to Texas Office of the Attorney General and any subsequent award document.
I'liree (3) pages.
• Department of Justice, Office of .Justice Programs, Assurances — Standard
Assurances.
Six (6) pages.
1CAC Suhnccipienl Grant Contract Beaumont Police Department 1?57W6
Page 18 of 18
-
---------
--
Department of Justice
Office of Justice Programs
Justice
I
PAGE I OF 7
Office of Juvenile and
Delinquency Prevention
Cooperative Agreement
1. RGCIPIEN7 NAME AND ADDRESS (Including Zip Code)
4, AWARD NUMBER: 2012-MC-PX-K047
Tans Office of the AtIonity General
PO Box 12548
5. PROJECT PERIOD: FROM 07/01/2012 TO
06/3012015
Austin, TX 7$711-2548
BUDGET PERIOD; FROM 07/0112012 TO
06/30/2015
6. AWARD DATE 09/1712014
S. SUPPLEMENT NUMBER
7.
ACTION
Supplemental
IA. GRANTEE IRS /VENDOR NO.
74(,000057
02
9. PREVIOUS AWARD AMOUNT
$919,024
3. PROJECT TITLF
10. AMOUNT OPTHIS AWARD
$499.388
Taxis Office of the Altornty Gencrai Southum ICAC Task Force
I. TOTAL AWARD
-
$1,419,012
12. SPECIAL CONDITIONS
THE ABOVE GRANT PRO)ECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SE-. FORTH
ON THE ATTACHED PAGE(S).
13, STATUTORY AUTHORITY FOR GRA:NT
This project is supported tinder FYl4(OJJDP ICAC Task Forces) Pub. L. No. 113-76; 128 Stat. 5,64
15. METHOD Or PAYMENT
GPRS
AGENCY APPROVAL
GRANTEE ACCEPTANCE
16 TYPED NAME AND TITLE OF APPROVING OFFICIAL
lK TYPED NAM17 AND TITLE OF AUTHORIZED ORANTLE OFFICIAL
Karol Virginia Mason
Dpni.1 Hodgc
Assistant Attomoy Oencrul
First Awslant Attomey General
17. SIGNATURE OF APPROVING OFFICIAL
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
19A, DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES
21. -LM C —IG T0-1-4-2 ------
FISCAL FUND BUD, DIV.
YEAR CODE ACT. OFC, REG. SUI3, POMS
AMOUNT
X F Mc 70 00 00
— ---------
499389
OJP FORM 400012 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
031' FORM 400012 (REV, 4-68)
Department of Justice
Office of Justice Programs
1 Office of Juvenile Justice and
wM Delinquency Prevention
AWARD CONTINUATION
SHEET
Cooperative Agreement
PAGr 2 OF 7
PROJECTNUMBER 2012- MC.MK047 AWARDUATE 0911712014 I
SPECIAL CONDITIONS
L 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, Thu recipient acknowledges 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 or termination 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, Audits of States,
Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide,
4. Recipient understands and agrees that it cannot usa any federal funds, cither directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
uxpress prior wr.tteit approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either, l) 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 funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the 010 by -
that!:
Office of the Inspector Gcneral
U.S. Department of Justice
Investigations Division
95011enusylvamia Avenue, N.W.
Room 4706
Washington, DC 20530
e -mail: oig.hotlinc @usdo;.gov
hotline: (contact information in English and Spanish); (800) 869 -4499
or hotline fax: (202) 616 -9881
Additional information is available from the DOI OIG website at www.usdoj.gov /oig.
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to cither 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 any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F,R. parts 66, 70,
OJr FOM 000/2 (MV. 4 -88)
.r• ° "' Department otJustice
Office of Justice Programs
Office of Juvenile Justice and
Delinquency Prevention
PROXCTNUMDER 2012- MC- FX -KO47
AWARD CONTINUATION
SHEET
Cooperative Agreement
AWARD DATE 0 911 7/20 1 4
SPECIAL CONDITIONS
PAGE 3 OF 7
8. The recipient agrees to comply with applicable requiretnems regarding registration with the System for Award
Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP). The
recipient also agrees to comply with applicable restrictions on subawards to first -tier subrecipients that do not acquire
and provide a Data Universal Numbering System (DUNS) number, The details of recipient obligations are posted on
the Office of Justicc Programs web site at http : //Nvww.ojp.gov /funding /saut.lrtnt (Award condition: Registration with the
System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This
special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated
to any business or non -profit organization that he or she may own or operate in his or her name),
9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Alessaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), the Department encourages recipients and 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, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses
related to conferences, meetings, trainings, 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 in the OJP Financial Guide Conference Cost Chapter.
11, The recipient understands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available
at http: / /www.ojp.usdoi.gov/ finding/ ojptrainingguidingprincipies .htm.
12, The recipient agrees that if it currently has an open award of federal funds or if it receives an award of rederal funds
other than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or
more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly
notify, in writing, the grant manager for this OJP award, and, ifso raquested by OJP, seek a budget - modification or
change -of- project -scope grant adjustment notice (GAN) tc eliminate any inappropriate duplication of funding.
13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
14. The recipient understands and agrees that -(a) No award funds may be used to maintain or estabiislt a computer
network unless such network blocks the viewing, downloading, and exchanging ofpomography, and (b) Nothing in
subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or adjudication activities.
15. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification indicating
that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund
expenditures as set forth in the OJP Financial Guide.
OJP FCIN 4000/2 (RRV. 4 -88)
4n
i
Deparnnent of Justice
Office oflustice Programs
Office of Juvenile Justice and
Delinquency Prevention
AWARD CONTINUATION
SHEET
Cooperative Agreement
PROJECTNUMBER 2012•MC,FX -K047 A.WARDDATf 09/17/2014
SPECIAL CONDITIONS
16. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated executives of
the recipient and first -tier subrecipients of award funds. Such data will be submitted to the PFATA Subaward
Reporting System (FSRS). The details ofrecipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at
http: / /www.ojp.gov /funding/ffata.htm (Award condition: Reporting Subawards and Executive Compensation), and are
incorporated by rererence here. This condition, and its reporting requirement, does not apply to giant awards made to
an individual who received the award as a natural person (i.e., unrelated to any business or non - profit organization that
he or she may own or operate in his or her name).
17. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds I10% of the maximum annual salary payable to a member of the
federal govermnenCs Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year, (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non - federal funds.)
This limitation on compensation rates allowable under this award cony be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made,
OJP FORM 4000/2 (Rliv. 4 -88) Voew
r
Department of Justice
Office of Justice Programs AWARD CONTINUATION
Office of Juvenile Justice and SHEET PACE 5 OP 7
Delinquency Prevention Cooperative Agreement
PROJECTNUMDER 2012•MC- rX -K047 AWARDDATE 09/17/2014
SPECIAL CONDITIONS
18. Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or
similar event funded under this award, anti the total cost of which exceeds $20,000 in award funds, the recipient must
provide the program manager with the following information and itemized costs:
1) name of event;
2) event dales;
3) location of event;
4) number of federal attendees;
5) number of non - federal attendees;
G) costs of event spade, including rooms for break -out sessions;
7) costs of audio visual services;
9) other equipment costs (e.g., computer fees, telephone fees);
9) costs of printing and distribution';
10) costs of meals provided during the event;
1 i) costs of refreshments provided during the event;
12) costs of event planner;
13) costs of event facilitators; and
14) any other costs associated with the event.
The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers)
costs that are paid or reimbursed with cooperative agreement funds:
1) meals and incidental expenses (M &lE portion of per diem);
2) lodging;
3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and,
4) local transponation (c.g,, rental car, 110V) at event location.
Note that if any item is paid for with registration i:ecs, or any other non -award funding, then that portion of the expense
does not need to be reported,
Furt}.Dr instructions regarding the submission of this data, and how to determine costs, are available in the OJP
Financial Guide Conference Cost Chapter,
OJP FORM 400012 (REV. 4 -88)
Department of Justice
Office of Justice Programs
' ' + Office of Juvenile Justice and
Delinquency Prevention
PROJECT NUMBER 2012- MC- GX -K047
AWARD CONTINUATION
SI IEET
Cooperative Agreement
AWARD DATE 09/17/2014
SPECIAL CONDITIONS
PAGE 0 01' 7
19. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the Office of Justice Progtnms (OJP) program office prior to
obligation or expenditure of such funds.
20. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather
than a grant with the recipient. This decision reflects the mutual interest ofthe 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 plans, including changes to such plans, and key decisions pertaining to project
operations.
b. Review and approve major project generated doctunents 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.
21. The Project Director and key program personnel designated in the application 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 resume. 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.
22. The recipient agrees that it will submit quarterly financial status reports to OJP on -line (at https: / /grants,ojp.usdoj.gov)
using the SF 425 Federal Financial Report form (available for viewing at
www.whiteho,ase.gov /omb /grants /standard_ forms /ff repoa.pdi), not later than 30 days after the end of each calendar
v
quaer. The final report shall be submitted not later than 90 days following the end of the award period.
23. The recipient shall submit semiannual progress reports. Progress reports shall be submilled within 30 days after the end
of the reporting periods, which are June 30 and Deeember 31, for lire life of the award. 'These reports will be submitted
to the Office of Justice Programs, on -line through the Internet at hltps: / /grants,ojp.usdoj.govl.
24. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during
the entire period of suppoti under this award. This report will include detailed information, about the project(s) funded,
including, but not limited to, information about how the funds were actually used for each purpose area, data to support
statements of progress, and data concerning individual results and outcomes of funded projects reflecting project
successes and impacts. The final report is due no later than 90 dnys following the close of this award period or the
expiration of any extension periods. This report will be. submitted to the Office of Justice Programs, on -line through
the Internet at https:Hgt-ants,ojp.usdoi.gov /.
OJP rORM 9000n (RGV. 4•88)
Department of Justice
Office ofdustice ;Programs AWARD CONTINGA'I'iON
a Office of Juvenile Justice and SI-II T7' PAGE 7 OF 7
W Delinquency Prevention Cooperative Agreement
1
i
PR02CCTNI}MBER 2012- MC- FX -R047 AWARDDATE 09/)712014
SPECIAL CONDITIONS
25. 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, 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, including-
(i) the number of investigations initiated related to Internet crimes against. children;
(ii) the number of arrests 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 refer als 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.
(F) The number of computer forensic examinatior:s that the task force completed.
(G) The number of law enforcement agencies participating lit Internet crhis against children program standards
established by the task force.
26. The recipient agrees to forward reports of ICAC Task Force Program Monthly performance Measures to the OJJDP-
designated site.
27. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards
28. The recipient acknowledges that the Office of Justice Programs (OJP) reserves a royalty -free, non - exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in
connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award
or subaward; and (2) any rights of copyright to which a recipient or sub. ecipicnt purchases ownership with Federal
support.
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first
produced under an award orsubaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such
data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-
14 (Rights in Data - General).
It is the responsibility of the recipient (and of eac) subrecipient, if applicable) 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 fulfill the recipient's obligations to the Government under t'nis award. If n proposed subrecipient,
contractor, or subcontracter refuses to accept terms affording the Government such rights, the recipient shall promptly
bring such refusal to the attention of the O)P pr091-3111 manager for the award and not proceed with the agreement in
question without further authorization from the OJP program office,
ON FORM 400012, (REV. 4.8fi)
Department of Justice J
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
iNubmsm,, D.C. 2,7531
Memorandum To: Official Grant File
From; Lou Ann Holland, Program Manager
Subject: Categorical Exclusion for Texas Office of the Attorney General
The recipient agrees to assist OJJDP to comply with the National Environmental Policy Act (NEPA) and other
related federal environmental impact analyses requirements in the use of these grant funds either directly by the
recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if
any of the following activities will be related to the use of the grant funds and, if so, to advise OJJDP and request
further NEPA implementation guidance. Recipient understands that this special condition applies to its activities
whether or not they are being specifically funded with these grant finds, That is, as long as the activity is being
conducted by the recipient, a subrecipient, or any third party and the activity needs to be undertaken in order to use
these grant funds, this special condition must first be met. The activities covered by this special condition are: a,
new construction; b. minor renovation or remodeling of a property either; (1) listed on or eligible for listing on the
National Register of Historic Places or; (2) located within a 100 -year flood plain; c. a renovation, lease, or any
other proposed use of a building or facility that will either; (1) result in a change in its basic prior use or; (2)
significantly change its size and; d. Implementation of a new program involving the use of chemicals other than
chemicals that are; (1) purchased as an incidental component of a funded activity and; (2) traditionally used, for
example, in office, household, recreational, or education environments.
OJP FORM 4DO012 (REV. 4.88)
7
/
Department of Justice GRANT MANAGER'S MEMORANDUM, PT. 1:
Office of J11slice Programs PROJECT SUMMARY
Office of Juvenile Justicc and
Delinquenoy Prevention Cooperative Agreement
PROJECTNUMBPR
PAGE OF I
2012-MC-FX-K047
This projw is suppDrtod under FYl4(OJJDP rC��Tnsk Forces) Pub. L. No. 113-76; 12t Siat. 5, 64
1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (NaTlic, address & telephone mirriber)
Scott Pesiridge Melissa Folcy
(202) 514-5655 0AG Lead Grants I'lanner
PO Box 12548
Allstin, TX 79711-2548
(512) 463-0826
3a,'NTLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
OJJDP FY 14 Intcniet Crimes Against Children Task Force InvitedAwards
4. TITLE OF PROJECT
Texas Offic, of ilia Attorney Gcneril Southern ICAC Task Force
5. NANO & ADDRESS OF GRANTEE
6. NAME & ADRESS OFSUBGRANTEE'
Texas CiTica of tho Attorney General
PO Box 12548
Austin, TX 78711-2549
7. PROGRAM PERIOD
8. BUDGET PERIOD
FROM: 01/0112012 TO: 0613012015
FROM* 07/01/2012 70� W3012015
9. AMOUNT OF AWARD
0. DATE OF AWARD
$499,388
09/17/2014
YEAWS BUDGET
SECOND YEAR'S BUDGET AMOUNT
11 THIRD YEAR!S BUD�iiFBRiOl) ;4. THIRD YEARIS BUDGET AMOUNT
IS. SUMNiARYDESCPJPTIONOFPROJFCT(Svuin.sti-tictio;i on reverse)
PuTsoant to Sect on 104 ol thc PR.OTrCT Our Childron Aa of 20013, the JCAC Task Force shall 1) consist of Stu to and locnl investigators, prosmitors, forerisic
specialists, and education specialists who are dedicated to addressing the goals ofthe task force; 2) engnge in pronclive investigations, forensic colninations, and
effective prosecutions offntaniet crimes against childlen; 3) provide forensic, preventive, and investigative iissislatica. to parents, educator, prosewwra, law
enforcenient, and others oncenied with Intcrnet crimesagainsi children; 4) develop multijurisdiationol, intiltiagency responses und partatirshipstilmomet crimes
against children offenses through ongoing Informational, administrative, and technological support (o other State and local lavv enforcement agenxies, as a means for
such agencies to acquiTe ilia necessary knowledge, personnel, and specialized equipmen(w investigate and prosecute such offenses; 5) participaHn notionally
wordinalc6 hivatigations in any case in which the Attomey General determines such participation to be necessary, as permitted by (lie availablcirsource ofstich
task force; 6) establish or adopt investigative end prosecution standards consistent with norms, to which such task force shall comply; 7) investigrg, and see:k
prosecution on, tips related to Internet crimes against childran, including, 615S froln Operatioll rairphlY, the National Internet Crimes Against ChiNn Data Systeni,
OJP FORM 4DO012 (REV. 4.88)
7
/
the National Center for Missing and Exploited Children's CyberTipline, ICAC task furces, and other Fedcral, State, and local agencies, with priority being given to
investigate leads that indicate possibility of identifying or rescuing child victims, including investigative leads that indicate a likelihood of seriousness ofoffense or
dangerousness to the community; 8) develop procedures for handling seined evidence; 9) maintain reports required by OJJDP and other reports and records as
detcunined by the Attorney General; and 10) seek to comply with national standards rcgnrding the investigation and prosecution of Internet crimes against children,
as set forth by the Attorney General, to the extent such standards are consistent with the law of the State whetc the task force is locnfed.
The Texas Office of the Attorney General (OAG) recognizes Ow importune of expanding the capacity of lha Texas OAG Internet Crimes Against Children (ICAC)
Task Force, As a result, using Ol1DP fiords, the Texas Office of the Attorney Gcnend will be mvarding sevcnrt sub- awards to law enforcement affiliate agencies.
These sub - awards will at low the individual Iaw enforcement agencies to deleunine their own equipment and training priorities. In addition, the task force will
continue to support one investigotcrand two Forensic Examiners. This award will also nllow the OAG ICAO to increase their investigatory and computer forensic
capabilities by purchasing monitors and hardware to support operations
NCA /CF
Tel: (202) 307 -0690
TTY: (202) 307 -2027
E-mail: askOCR @usdoj.gov
Website: Aww.cjp.usdoj.gov /ocr
September 17, 2014
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 financial assistance programs, Congress linked the receipt of federal funding to
compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Departrnert of Justice
(DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, tine Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil tights laws. We at the OCR are
available to help you and your organization meet the civil rights requirements that come with DOJ funding.
Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal
law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In March of2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence
Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or
perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant
condition applies to certain programs funded after October 1, 2013, The OCR and the OV W have developed answers to some frequently
asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions
are available at http: // ojp.gov /aboutlocr /vowafags.htiii.
Enforcing CIvII Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount ofthe grant award, or tite number of
employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices erect equal opportunity standards.
OFFICE FOR CIVIL, RIGHTS
Office of Justice Programs
Department of Justice
810 '7th Strect, N W
Washington, DC 20531
Tel: (202) 307 -0690
TTY: (202) 307 -2027
E-mail: askOCR @usdoj.gov
Website: Aww.cjp.usdoj.gov /ocr
September 17, 2014
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 financial assistance programs, Congress linked the receipt of federal funding to
compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Departrnert of Justice
(DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, tine Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil tights laws. We at the OCR are
available to help you and your organization meet the civil rights requirements that come with DOJ funding.
Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal
law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In March of2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence
Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or
perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant
condition applies to certain programs funded after October 1, 2013, The OCR and the OV W have developed answers to some frequently
asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions
are available at http: // ojp.gov /aboutlocr /vowafags.htiii.
Enforcing CIvII Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount ofthe grant award, or tite number of
employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices erect equal opportunity standards.
Providing Services to Limited English Proficiency (LEP) Individuals
In acuordanoe with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial
assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP), See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed, Reg. 41,455 (2002). For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website
http://"FNVW.Iep.gov.
Ensuring Equal Treatment for Faith -Based Organizations
The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAB) to
treat faith -based organizations the same as any other applicant or recipient. ']'he regulation prohibits SAAB from making awards or grant
administration decisions on the basis of an organization's religious 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 DO) to fund inherently (or explicitly)
religious activities. While faith -based organizations can engage in non - funded inherently religious activities, they must hold them
separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment
Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the
provision of services on the basis of e beneficiary's religion. For more information on the regulation, please see the OCR's website at
http : / /www.ojp.usdoj,gov /abouUorr /equal fbe.litm.
SAAB and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, 42 U.S.C. § 3789d(o); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(a); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113 -4, sec. 3(b)(4), 127 Slat, 54, 61 -62 (to be codified
at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these
nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case -by-
case basis to pernit some faith -based organizations to receive DOJ funds while taking into account religion wizen hiring staff, even if the
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit
discrimination in employment.
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See
Advisory for Itecipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity
Commission's Enforcement Guidance: Consideration of Ai rest and Conviction Records in Pruployntont Decisions Under Title VII of the
Civil Rights Act of 1964 (Juno 21113), available at http : / /www,ojp,usdoj.gov /labouttocr/ pdfs /tJscofConviction_Advisory.pdf. Recipients
should be mindful that the misuse of arrest or conviction records to sciccn either applicants for employment or employees for retention or
promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the
Advisory, recipients should consult local counsel in reviewing their employment practices, If warranted, recipients should also incorporate
an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEO Ps) (see below).
Complying Nvlth the Safe Streets Act
An organization that is a recipient of Financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2)
submitting to the OCR findings of'discriminntion (see 28 C.F.R. §§ 42.204(e), .205(c)(5)),
Meeting the ESOP Requirement
If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical
institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your
organization must complete and submit Section A of the Certification Form, which is available online at
http:/Iwww.ojp.usdoj.gov/about/oDrlpdfs/cort,pdf,
If your organization is a government agency or private business and receives an award of 525,000 or snore, but less than $500,000, and has
fifty or more employees (counting both full- and part -time employees but excluding political appointees), then it has to prepare a
Utilization Report (formerly called an ESOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your
organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to
complete Section E of the Certification Form and return it to the OCR. The Certification Form is available at
http: / /www.ojp.usdoj .gov /about /ocr /pdfs /ceri.pdf.
if your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more
employees (counting both fill)- and part -time employees bill excluding political appointees), then it lies to prepare a Utilization Report
(formerly called an ESOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter, For assistance in
developing a Utilization Report, please consult the OCR's website at lnttp :// www. ojp ,usdoj.gov /about/ocr /eeop.htm. In addition, your
organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at
http: / /www.ojp.usdoj .gov /abotittoor /pdfs /cert.pdf.
To comply with the ESOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202)
307 -0690, by TTY at (202) 307 -2027, or by e -mail at EEOsubmisson @usdoi.gov.
Meeting the Requirement to Submit Findings of Discrimination
)fin the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race,
color, national origin, religion, or sex, after a due - process hearing, from a state or federal court o from a state or federal administrative
agency, your organization must send a copy of the finding to the OCR.
Ensuring the Compliance of Subrecipients
SAAB must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination
complaints filed against subrecipients, methods to munitor subrecipients' compliance with civil rights requirements, and a program to train
subrecipients on applicable civil rights laws. In addition, SAAB must submit to the OCR every three years written Mcthods of
Administration (MOA) that summarize the politics and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more information on the MOA requirement, see http: /Avww.ojp.usdoi. gov / funding /other_rcquircments.htnn.
If the OCR can assist you in any way in fulfilling your organi:cation's civil rigltts responsibilities as n recipient of )federal financial
assistance, please contact us.
Sincerely,
a. �7zh-
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
U.S. DEPARTMENT OF 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.
1. 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 9988, 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, 630 of 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 application for Department of Justice funding. States and State agencies may
elect to use OJP Form 4061/7.
Check _ _ if the State has elected to complete OJP Form 4061 /7.
DRUGOREE WORKPLACE (GRANTEES WHO At E iNDIVIQUALa)
As mgwmd by the Drug- f=ree'Workplace ,A t of 1081 and mMWmerrted A 28 CIFI. Par?
67 Subpart F, for grantees, as de:.hnu'i ai i,'. CV R Pzv! 67: Sem ins 67 615 and 67120
A As a condition of Me grant. h-m -Tify that ' vviii not engage in the ur:!ciwful
ruan ffadtoe, chsttlbution, dispe:rlsing, possession, of use (if a contr(1N d SUl'istance, m,
c(mductirig any activity with tl'te grant, and
!f convicted of a r.,rin�inal drug offense msulting front a violation oc:ci.frring during the
conduct of any grant activity I will e {port the conviction in s' ✓ntirrg, within 10 Cale ndaf
days of the cornvicti(,n, to:
De par .men! of ,h;slrcc
D lice W Justice Programs
_) ._I. N control _)esk
810 Seventh Strcut N VV .
V"nstlington, I ) l C � 0531
As to duly authorized represer;fahve of the applicant, l hereby certify that the applicant
will comply with the above certifications.
f. Grantee Nance and Address,
2. Application Number and /or Project Narne
3 Grantee IRSA/endor NIml —JO
4 7ypelPrmt Nanrie pact Title of Authorized Pepiv si maNe
5 Signature
3. Date
(':1f'.00RLA 400 I Q _ +^ f�Ea'LPa; _; >(,li p Fopt:` 40611 405Y I AM! 40 4 ',iWIT_'f OR li O ..ET:=
vrRCE OF _P)S L-', miJ'JJJUt, 3Js C..:.
OMB APPROVAL N0, 1121 -0140
EXPIRES 06/30/2009
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, and requirements, including OMB Circulars A -21, A -87, A -102, A -110, A -122, A-
133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70
(administrative requirements for grants and cooperative agreements). The applicant also specifically
assures and certifies 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, management, 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. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in
2 C.F.R. § 175.15(b).
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and historical Preservation Act of I974 (16 U.S.C.§
469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subgrantees or contractors to comply) with any applicable
statutorily - imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); Tile
Juvenile Justice and Delinquency Prevention Act of 2002 (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 with
Disabilities Act of 1990 (42 U.S.C.§ 12131 -34); the Education Amendments of 1972 (20 U.S.C. § §1681,
1683, 1685 -86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); see Ex. Order 13279
(equal protection of the laws for faith -based and community organizations).
7. If a govenrin ental 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 treatment of persons displaced as a
result of federal and federally- assisted programs; and
b) it will comply with requirements of 5 U.S.C. §§ 1501 -08 and § §7324 -28, which :unit 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
GRANT CONTRACT ]BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
BEAUMONT POLICE DEPARTMENT
OAG Contract No.1557016
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 Force 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 December 1, 2014 and shall terminate May 31, 2015, 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 GRA.NTEE'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 2012-MC-FX-K047, (OAG Award Document), as well as the
applicable provisions of the OAG ICAC Grant Application or OAG Award Document as
supplemented, amended or adjusted.
ICAC 5ubrecipient Grant Contract— Beaumont Police Department 1557016
Page 1 of 18
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 Internet Crimes Against Children (ICAO) travel expenses.
The 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,
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 REQuiRED 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
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 toItime,
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.
To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's
letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed
by the Authorized Official, may request a change to the Grant Contact.
ICAC Subrecipient Grant Contract —Beaumont Police Department 1557016
Page 2 of 18
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 including financial and programmatic policies
and procedures.
Such fiscal and programmatic management shall include accountability for all fields 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 program
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 appropriate financial management and
control systems, which include budgets that adequately reflect 'all functions and resources
necessary to carry out authorized activities and the adequate determination of costs; accurate and
complete payroll, accounting, and financial reporting records; cost source documentation;
effective internal and budgetary controls; allocation of costs; and timely and appropriate audits
and resolution of any findings and applicable annual financial statements.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure
the confidentiality of records required to be kept confidential by 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 Semi -Annual Statistical (Performance) Reports, including Outcome Measure
Reports. GRANTEE will support the OAG in its progress reporting requirements, including the
reporting requirements of outcome measures. The OAG is required to report, within 30 days
after the end of the reporting periods, certain outcome measures. The semi-annual 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.
Contents of Semi -Annual Statistical Reports. 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;
£ Number of online solicitation of a minor (or its equivalent) convictions
obtained;
ICAC 5ubrecipient Grant Contract —Beaumont Police Department 1557016
Page 3 of 18
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 ICAO Task Force Program Monthly Performance Measures. GRANTEE will support
the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance
Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The
Performance Measures, which shall contain at a minimum the following additional supporting
data elements:
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,
including:
1. 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
ICAC Subrecipient Grant Contract —Beaumont Police Department 1557016
Page 4 of 18
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 any reports presented to the OAG.
4.2.5 Other Program Reports. GRANTEE shall cooperate 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 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE
will immediately review the annual budget as established in this contract.
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, (h) professional
CCAC Subrecipient Grant Contract —Beaumont Police Department 1557016
Page 5 of 18
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 mayfrom 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 April 15, 2014 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 fiords.
4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit 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 OMB
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 Timing 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
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) of each month, or if the 20t' 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 termination 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
ICAC Subrecipient Grant Contract— Beaumont Police Department 1557016
Page 6 of 18
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 GAG 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 which shall be available to the OAG at all
times upon request, however, as between the OAG and Grantee title for equipment will remain
with Grantee.
GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with
grant funds so as to ensure the full availability and usefulness of such equipment. In the event
GRANTEE is indemnified, reimbursed, or otherwise compensatedfor any loss of, destruction of,
or damage to the equipment purchased under this contract, it shall use the proceeds to repair or
replace said equipment.
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
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.
SECTION 5 OiauGATtom 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 GAG. 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. -
ICAC Subrecipient Grant Contract — Beaumont Police Department 1557016
Page 7 of 18
5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated 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. 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 finds 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 unless a written amendment to this contract is first
executed. GRANTEE agrees that nothing in this contract will be interpreted to create an
obligation or liability of the OAG in excess of the funds delineated in this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the.
actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG.
GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term 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 this grant program, or if the funds appropriated to the
OAG for this grant program are required by the state 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.
SUCTION 6 TERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
contract without recourse, liability 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 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 its nature would be intended to be applicable following any such
[CAC Subrecipient Grant Contract --Beaumont Police Department 1557016
Page a of 18
termination. The following terms and conditions, (in addition to any others that could reasonably
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 RIGHTS; RECORDS RETENTION
7,1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the
OAG to verify all reporting measures and requests for reimbursements 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 federal government
or such other persons 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 all reporting measures and requests for reimbursements. Audit trails maintained by
GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE
to permit an audit of its systems. GRANTEE's automated systems, if any, 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. At the request of the OAG, GRANTEE shall grant access to and
make available 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 other entity, person, or contractor receiving fund directly under
this contract or through a subcontract under this contract to likewise permit access to, inspection
of, and reproduction of all books, records and other relevant information of the entity, person or
contractor 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 State Auditor. In addition to and without limitation on the other audit provisions of this
ICAC 5ubrecipient Grant Contract —Beaumont Police Department 1557016
Page 9 of A
contract, pursuant to Section 2262.003 of the Texas Government Code, the State Auditor's
Office may conduct an audit or investigation of GRANTEE or any other entity or person
receiving fiends from the State directly under this contract or indirectly through a subcontract
under this contract. The acceptance of funds by GRANTEE or any other entity or person directly
under this contract or indirectly through a subcontract under this contract acts as acceptance of
the authority of the State Auditor's Office, under the direction of the Legislative Audit
Committee, to conduct an audit or investigation in connection with those funds. Under the
direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of
an audit or investigation by the State Auditor's Office must provide the State Auditor's Office
with access to any information the State Auditor's Office considers relevant to the investigation
or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the
conduct of the audit or investigation, including providing all records requested. GRANTEE shall
ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through GRANTEE and the requirement to cooperate is included in any
subcontract it awards. The State Auditor's Office shall at any time have access to and the right to
examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and
records of GRANTEE related to this contract.
7.6 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@texasattorneygeneral.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 Subreeipient Giant Contract—Beawnont Police Deparhnent 1557016
Page 10 of 18
Austin, Texas 78711-2548
8.2 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@texasattorneygen.eral.gov
SECTION 9 1CoRRTCTIVE 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 performance
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 that 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 Bold. 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 expenses incurred 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, withholding or suspending funding,
offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement,
reducing funding, terminate this contract and/or any other appropriate sanction.
ICAC Subrecipient Grant Contract —Beaumont Police Department 1557016
Page 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.
SECTION 10 GENERAL TERMS 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 Texas Governor's
Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG
Certifications and Assurances as contained in the Application Kit.
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. Grantee shall 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 or offered to
give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, 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 its 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 its performance under this contract.
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
ICAC Subrecipient Grant Cont-act— Beaumont Police Department 1557016
Page 12 of 18
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 or 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 owner, incorporator, officer, director, employee, or volunteer 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
GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE
or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that
any and all appropriate payments are made, 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. 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 actions or performance of GRANTEE or
GRANTEE'S contractors 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
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 written consent from the OAG. This section is not intended to
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.
1CAC 5u6recipient Grant Contract —Beaumont Police Department 1557016
Page 7.3 of 18
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
granted by GRANTEE 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 under 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 income 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 term; 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 subcoutractor(s). ,
11.5 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 OAG 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.
ICAC Subrecipient Grant Contract— Beaumont Police Department 1557016
Page 14 of 18
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 of GRANTEE 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 ICAO Task Force Operational and Investigative Standards.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 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
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
ICAO subreeipient Grant Contract— Beaumont Police Department 1557016
Page 15 of 18
Parties and presumed to be supported by adequate consideration.
12.4 Partial Invalidity. If any term 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 fall
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 agree that the signatories hereto are signing, executing
and performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY
GENERAL OF TEXAS
Printed Name:
Office of the Attorney General
ICAC Subrecipient Grant Contract— Beaumont Police Department 1557016
Page 16 of 18
IBEAUMONT )POLICE DEPARTMENT
Printed Name: .
Authorized Offcialji
I
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAUMONT ]POLICE DEPARTMENT
OAG Contract No. 1557016
Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the
OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all
expenses, shall not exceed:
TWELVE THOUSAND ONE HUNDRED TWENTY NINE DOLLARS AND 00/100
($12,129) 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
$0
Fringe Benefits
$0
Professional & Contractual Services
$0
Travel
$0
Equipment:
$0
Supplies
$12,129
Other Direct Operating Expenses
$0
Total
$12,129
The maximum allowable expense for lodging is $115.00 per guest room per night including
applicable taxes; the maximum allowable expense for meals is $56.00 per day. ACTUAL
RECEIPTS for all expenses including, but not limited to, lodging, meals, rental cars and airfare
MUST BE SUBMITTED. Alcohol and tips will not be reimbursed.
The OAG cannot approve payment for non-refundable airline tickets and/or penalty fees incurred
for altered travel plans (and/or any other expenses) should the conference/training be canceled or
should the attendee not attend the training for any reason.
ICAC Subrecipient Grant Contract— Beaumont Police Department 1557016
Page 17 of 18
GRANT CONTRACT
BETVhTEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAU'MONT POLICE DEPARTMENT
OAG Contract No. 1557016
SPECIAL CONDITIONS
Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones
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. ,
GRANTEE'S signature on this contact will be treated as a signature agreement for each of the 19
pages of the Special Conditions, as attached.
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
Juvenile Justice and Delinquency Prevention, as provided in memo to Official Grant
File, to Texas Office of the Attorney General and any subsequent award document.
➢ One (1) page.
® Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Project Summary (OAG Award Document), 2012-MC-FX-
1K047.
➢ Two (2) 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 17, 2014,
to Texas Office of the Attorney General and any subsequent award document.
➢ Three (3) pages.
• Department of Justice, Office of Justice Programs, Assurances — Standard
Assurances.
Six: (6) pages.
ICAC Subrecipient Grant Contract— Beaumont Police Department 1557016
Page 18 of 18
Department of Justice
r Office of Justice Programs
:s+ Office of Juvenile Justice and
Cooperative agreement
PAGE I OF 7
Delinquency Prevention
1.RECIPMNTNAMEAND ADARESS (Including Zip Code)
4,AWARDNUMBERr 20I2-MC-FX647
Texas Office of tho Attorney General
PO Box 12548
5. PROJECCPERIOD: FROM 07101/2012 TO 06/30/2015
Austin, TX 79711-2546
BUDGET PERIOD: FROM 0710112012 TO
00=015
6. AWARD DATE 09/17/2014
8, SUPPLEMENT NUMBER
7.
ACTION
Supplemental
LA. GRANTEE IRSNENDOR NO.
746000057
02
9. PREVIOUS AWARD AMOUNT
$ 919,624
3, PROJECT TITLE`
10. AMOUNT OF THIS AWARD
$ 499,388
Texas Office of the Attorney General Southern ICAC Task Force
t 1. TOTALAWARD
$ 1,419,012
12, SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT is APPROVED SUBJEcrTo SUCH CONDTITONS OR LIMPCATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13• STATUTORY AUTHORITY FOR OR
This project is supported under FY14(OBDP ICAC Task Forces) Pub. L, No. It 3 76; 128 Stat. 5,64
IL METHOD OFPAYMENT
GPRS
AGENCYAPPROVAL
GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
IS. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Karol Virginia Mason
DeniclHodgo
AssistantAttorney General
First Assistant Attorney General
17, SIGNATURE OF APPROVING OFFICIAL
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL
19A. DATE
AGENCY
USE ONLY
21. LMCl'GT0142
-4. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DIV.
YEAR CODE ACC. OFC- REG. SUB, POMS AMOUNT
X F MC 70 00 00 419388
OlP FORM 4000/2 (ASV. 5.87) PREVIOUS EDITIONS AREOESOLETE,
OJP FORM 400012 (REV. 4-88)
0
Department of Justice
Office of Justice Programs
Office of Juvenile Justice and
^�^ Delinquency Prevention
AWARD CONTINUATION
SHEET
Cooperative Agreement
PAGE 2 OF 7
f PK01ECTNUM8EK 2012-MC-FX•KO47 AWARD&T6 0911712014 1
SPECIAL CONDITIONS
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 acknowledges that failure to submit an accepta4le 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 or termination 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, Audits of States,
Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any otheraudits ofOJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior writt6n approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, 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 funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the 010 by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hot[ine@usdoj.gav
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9891
Additional information is available from the DOJ OIG websito at www,usdoj.govloig
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that maybe imposed during the grant performance
period if the agency determines that the recipient is a high -risk grantee: Cf. 28 C.F.R. parts 66, 70,
OJP FORM 4WM (REV. 4.88)
Department of Justice
Office of'Justice programs AWARD CONTINUATION
3 F Office of Juvenile Justice and SHEET PAGE 3 OF 7
Delinquency Prevention Cooperative Agreement
PROJECTNUMBER 2012-MC-FX-KO47 AWARD DATE 09/17/2014
SPECIAL COND177ONS
S. The recipient agrees to comply with applicable requirements regarding registration with the System for Award
Management (SAM) (or with a successor government -wide system officially designated by OMB and OJP). The
recipient also agrees to comply with applicable restdotions on subawards to first -tier subrecipients that do not acquire
and provide &Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on
the Office of Justice Programs web site at http:t/www.ojp.gov/funding/sam.htm (Award condition: Registration with the
System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This
special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated
to any business or non-profit organization that he or she may own or operate in his or her name).
9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging Whiie Driving;' 74 Fed; Reg,
51225 (October 1, 2009), the Department encourages recipients and 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, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by dish -acted drivers.
10. The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses
related to conferences, meetings, trainings, 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 in the OJP Financial Guide Conference Cost Chapter.
11. The recipientunderstands and agrees that any training or training materials developed or delivered with funding
provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available
at http://www.pjp.usdoj.gov/funding/ojptrainingguiditigprinciples.htm.
12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds
other than this OJP award, and those award funds bave been, are being, or are to be used, in whole or in part, for one or
more of the identical cost items for which funds are being provided under this OJP award, the recipient will promptly
notify, in writing, the grant manager for this OJP award, and, if so requested by OJP, seek a budget -modification or
change -of -project -scope grant adjustment notice (CAN) to eliminate any inappropriate duplication of funding.
13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for which financial assistance is provided from those
funds, or of tine parents or legal guardians of such students.
14.' Tlne recipient understands and agrees that - (a) No award funds may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and exchanging of pomography, and (b) Nothing in
subsection (a) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or adjudication activities.
15. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification indicating
that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund
expenditures asset forth in the OJP Financial Guide.
OJP FORM 400012 (REV. 4-88) P
Department of Justice
Office of justice Programs AWARD CONTINUATION
Office of Juvenile Justice and. SHUT PAGE 4 OF 7
Delinquency Prevention Cooperative Agreement
PROJECTNUMBER 2012-MC-FX-K047 AWARDDATE 09117/2014
SPECIAL CONDITIONS
16. The recipient agrees to comply with applicable requirements to report first -tier subawards of $25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated executives of
the recipient and first -tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
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 Programs web site at
http:/Iwww.ojp.gov/funding/ffata.btm (Award, condition: Reporting Subawards and Executive Compensation), and are
incgrporated by reference here. This condition, and its reporting requirement, does not,apply to grant awards made to
an individual who received the award as a natural person (i,e., unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
17. With respect to this award, federal funds may not be used to pay cash compensation (salaiy.plus bonuses) to any
employee of the award recipient at a rate that excgeds I10% of the maximum ahnual salary payable to a member of the
federal government's SeniorExecutiva Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
OJP FORM 400012 (REV. 4-88)
Department of Justice
office, oflusticePrograms AWARD CONTINUATION
Office of Juvenile Justice and SHEET PAGE 5 of 7
Delinquency Prevention Cooperative Agreement
PR07BCTMMBBR 2012-MC•FK•K047 AWARD DATE 09/17/2014
SPECUL CONDITIONS
18, Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or
similar event funded under this award, and the total cost ofwhich exceeds $20,000 in award funds, the recipient must
.provide the program manager with the following information and itemized costs:
1) name ofevent;
2) event dates;
3) location of event;
4) number of federal attendees;
5) number of non-federal attendees;
6) costs of event space, including moms for break-out sessions;
7) costs of audiovisual 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 other costs associated with the event.
The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers)
costs that are paid or reimbursed with cooperative agreement Bands:
1) meals and incidental expenses (MME portion ofper diem);
2) lodging,
3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and,
4) local transportation (e.g., rental car, 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 expense
does not need to be reported.
Further instructions regarding the submission of this data, and how to determine costs, era available in the 01P
Financial Guide Conference Cost Chapter.
O]P FORM 4000/2 (REV. 4.88)'
"Dolor K�
r
Department of Justice
Office ofJustice Programs
Office of Juvenffe Justice and
Delinquency Prevention
AWARD CONTINUATION
SHEET
Cooperative Agreement
PAGE 6 OF 7
PROYECrNUMBER 2012-MC•FX-KO47 AWARr1DATE 09117l2014 !
SPECM CONDMONS
19. Approval of this award does not indicate approval of any consultant rate in excess of S650 per day. A detailed
justifloation must be submitted to and approved by the Office o£Jusdee Programs (OJP) program office prior to
obligation or expenditure of such funds.
20, The Office of juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather
than a grant with'the recipient This decision reflects tire 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 plans, 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.
21. The Project Director and key program personnel designated in the application 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 resume. OJP wiilI not unreasonably withhold approval.
Changes in other program personnel require only notification to OJP and submission ofresumes, unless otherwise
designated in the award document.'
22. The recipient agrees -that it will submit quarterly financial status reports to OJP on-line (at hops:/Igrants.c jp.usdoj.gov)
using the SF 425 Federal Financial Report form (available for viewing at
www,whitehouse,goy/omb/grants/standard_forms/f£ report.pdf), not later than 30 days after the end ofeach calendar
quarter. The final report shall be submitted not later than 90 days following the end of the award period.
23. 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 of the award, These reports will be submitted
to the Office of justice Programs, on-line through the Internet athttps://grants.ojp.usdoj.gov/.
24. The recipient agrees to submit a final report, at the end of this award documenting all relevant project activities during
the entire period of support under this award. This report will include detailed information about the project(s) horded,
including, but not limited to, information about how the funds were actually used for each purpose area, data to support
statements of progress, and data concerning individual results and outcomes of funded projects reflecting project
successes and.impacts. The final report is due no later than 90 days following the close of this award period or the
expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on-line through
the Internet at httpsl/grants,ojp.usdoj.gov/.
OJP FORM 4000/2 (RSV. 4-88)
yr Department of Justice
Office of Justice Programs
Office of Juvenile Justice and
�^ Delinquency Prevention
AWARD CONTIWATION
SHEET
Cooperative Agreement
PROJECTNUMSEP 2012-MC-FXKO47 AWARDDATE 0911720I4
SPECIAL CONDITIONS
PAGE 7 OF 7
25. 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, prosecutors, education specialists, and
forensic specialists dedicated to investigating and prosecuting Internet crimes against children.
(13) investigation and prosecution performance measures of the task force, including—
(i) the number of investigations initiated related to Internet crimes against children;
(ii) the number of arrests related to Iatemet 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
(II) the sentence and the statutory maximum for such crime under State taw.
(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.
(F) The number of computer forensic examinations that the task force completed.
(G) The number of law enforcemeht agencies participating in Internet crimes against children program standards
established by the task force.
26. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP-
designated site,
27. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards
28. The recipient acknowledges that the Office of Justice Programs (OJP) reserves a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (inwhole or in part, including in
connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award
or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal
support.
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first
produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such
data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-
14 (Rights in Data - general),
It is the responsibility of the recipient (anal of each subrecipient, if applicable) 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 falfill the recipient's obligations to the Government under this award. If aproposed subrecipient,
contractor, or subcontractor refuses to accept terns affording the Government such rights, the recipient shall promptly
bring such rofusal to the attention ofthe OJP program manager for the award and not proceed -with the agreement in
question without further authorization from the OJP program office.
OJP FORM 400M (REV. 4-se)
• Department of Justice
x' Office of Justice .programs '
Office of Juvenile Justice and Delinquency Prevention
Warhinglon, AC. 10531
Memorandum To: Official Grant File
From: Lou Ann Holland, Program Manager
Subject: Categorical Exclusion for Texas Office of the Attorney General
The recipient agrees to assist OJJDP to comply with the National Environmental Policy Act (NEPA) and other
related federal environmental impact analyses requirements in the use of these grant funds either directly by the
recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if
any of the following activities will be related to the use of the grant funds and, if so, to advise OJJDP and request
further NEPA implementation guidance, Recipient understands that this special condition applies to its activities
whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being
conducted by the recipient, a subrecipient, or any third party and the activity needs to be undertaken in order to use
these grant funds, this special condition must first be met. The activities covered by this special condition are: a,
new construction; b. minor renovation or remodeling of a property either; (1) listed on or eligible for listing on the
National Register of Historic Places or, (2) located within a 100-year flood plain; c, a renovation, lease, or any
other proposed use of a building or facility that will either, (1) result in a change in its basic prior use or; (2)
significantly change its size and; d. Implementation of a new program involving the use of chemicals other than
chemicals that are; (1) purchased as an incidental component of a funded activity and; (2) traditionally used, for
example, ih office, household, recreational, or education environments,
Department of Justice
GRANT MANAGER'S MEMORANDUM, PT. 1:
Office of Jiutice Programs
PROJECT SUMMARY
Office of Juvetlile Justice and
Delinquency Prevention
C00P0T8tiV8 Agreement
PROJECTNUMBER
f
PAGE I OF 1
2012-MC-PX-IC047
This project B supported under FY14(OJJDP ICAC Task Forces) Pub. L. No. 1I3-76,128 Stat. S. 64
1. STAFF CONTACT (Name & telephone number)
2. PROJECT DIRECTOR (Name, address & telephone number)
Scan Pestridge
Melissa Foley • .
(202) 514-5655
GAG Lead Grants Planner
POBox 12548
Austin, TX 78711-2548
(512) 463-0926
3s. TITLE OF THE PROGRAM
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERS
OJJDPFY 14 Internet Crimes Against Children TaskForcelnvitedAwards_
4, TITLE OF PROJECT
Texas Office of the Attorney General Southern ICAC Task Force '
5. NAME & ADDRESS OF GRANTEE
6• NAME & ADRESS OF SUBGRANTEE
Texas Office of the Attorney Generat
PO Box 12548
Austin, TX 78711-2548
7. PROGRAM PERIOD
8• BUDGET PERIOD
TROM: 07/01/2012 TO: 06/3012015
FROM: 0710=2 TO: 06/30/20f5
9. AMOUNT OF AWARD
I0. DATE OF AWARD
$ 499,389
09/17/2014 .
11. SECOND YEARS BUDGET
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD
14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OE PROJECT (Scc instmaden on reverse)
Pursuant to Section 104 of the PROTECT Our Children Aotof2008, the ICAC Task Force shall 1) consist of State and focal investigators, proseAtors, forensic
specialists, and education spcoiaiists who am dedicated to addressing the goals of the task force; 2) engage in pmactWe investigations, forensic ea ninations, and
effective prosewtions oflntemot crimes against children; 3) provide forensic, prevedlive, and investigative assistance to parents, educator, prosaators, law
enforcement, and others concerned with InterricE crimes against children; 4) develop multijurisdictiomtl, multiagency responses and partnershipsbinternet crimes
against children oifense4 through ongoing informational, udminisimtive, and technological support to other State and local taw enforcement agendas, as a means for
such agencies to acquire the necessary Imowledge, personnel, and specialized equipment to investigate and prosecute such offenses; 5) pardelpaitin nationally
coordinated Investigations in any case In which the Attorney General determines such participation to be necessary, as permitied by the availableamurce of such
task force; 6) establish or adgpt investigative and prosecution standards consistent with norms, to which such task force shall comply; 7) investiamtc, and seek
prosecution on, tips related to Internet crimes against children, including tips from Operation Fairplay, the National Internet Crones Against Chilkn Data System,
OJP FORM 4000/2 (REV. 4-88)
the National Center for Missing and Exploited Childre* CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with priority being given to
investigate leads that indicate possibility ofidentifying or resoning child viethns, Including investigative leads that indicate a likelihood of seriousness of offense or
dangerousness to the community; 8) develop procedures for handling seized evidence, 9) maintain reports required by O1IDP and othterreports and records as
determined by the Attorney General; and 10) seek to comply with national standards regarding the investigation and prosecution oflntemet crimes against children,
as set forth by the Attorney General, to the extent such standards are consistent with the law of the State where the task force is located.
The Texas Office ofthe Attorney General (OAO) recognizes ilia importance ofexpandingthe capacity of the Texas OAG Internet Crimes Against Children (ICAC)
Task Force. As a result, using ODOP funds, theTexas Office of the Attorney General will be awarding several suit -awards to lawenforcement affiliate agencies.
These sub -awards will allow the individual law an6rcement agenoies to determine their ownequipmentand trnining priorities. In addition, the task fbrccwill•
continue to support one Investigator and two Forensic Examines. This award will also allow the OAG ICAC to increase their investigatory and computer forensic
capabilities by purchasing monitors and hardware to support operations.
NCA/CF
OFFICE .FOR CIVIL RIGHTS
Office of Justice Programs
Department of Justice
810 7th Street, NW
Washington, DC 20531
Tel: (202) 307-0690
TTY: (202) 307-2027
BrmaiL- askOCR@usdoj.gov
Website: www.ojp.usdcj.gov/ocr
September 17, 2014
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 financial assistance programs, Congress linked the receipt of federal funding to
compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(D03) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are
available to help you and your organization meet the civil rights requirements that come with DOI funding.
Rnsuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOI prohibit discrimination on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal
law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In Match of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence
Against Women Act of 1994 (VAWA) by including &nondiscrimination grant condition that prohibits discrimination based on actual or
perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant
condition applies to certain programs funded after October 1, 2013. The OCR and the OV W have developed answers to some fiequently
asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions
are available at http;//ojp.gov/aboutlocr/vawafags.htm.
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 prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulafory criteria, the OCR selects a
number of recipients each year for compliance reviews, audits that 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 opportunity standards.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOS guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial
assistance must take reasonable steps to provide meaningful access to theirprogramss and activities forpersons withlimited English
profioieney (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed, Reg. 41,455 (2002). Formoreinformation
on the civil rights responsibilities that reclpients have in providing language services to LEE individuals, please seethe website
http:llwww.lep.gov.
Ensaring Equal Treatment for Faith Eased Organizations
The DOI regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R pt. 38, requires State Administering Agencies (SAAs) to
treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant
administration decisions on the basis of an organizatiores religious 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 DOJ to Hind inherently (or explicitly)
religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them
separately from the program funded by the DOJ, and recipients cannot compal beneficiaries to participate in them, The Equal Treatment
Regulation also makes clear that organizations participating in programs ibnded by the DOJ are not permitted to discriminate in the
provision of services on the basis of a beneficiary's religion, For more information on the regulation, please see the OCR's website at
http.f/www.ojp.usdoj.gov/aboutloor/equat_fboJituL
SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified
at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment Despite these
nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case -by -
case basis to permit some faith based organizations to receive DOI funds while taking into account religion when hiring siaff, even if the
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. -
Please consultwith the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit
discrimination in employment.
Using Arrest and Conviction Records in Malting Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions_ See
Advisory for Recipients offtancial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity
Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of I964 (June 2013), available at http://www.ojp,usdoj.gov//about/ocr/pdfs/UseofConviction Advisory pdf.' Recipients
should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or amployees forretention or
promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the
Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate
an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (1) complying with the federal regulation pertaining to the development of an BEOP (see 28 C.P.R. pt. 42, subpt E) and (2)
submitting to the OCR findings of discrimination (set 28 C.F.R. §§ 42.204(e), .205(c)(5)).
Meeting the ESOP Requirement
If your organization has less than fifty empIoyees.or receives an award of less than $25,000 or is a nonprofit organization, a medical .
institution; an educational institution, or an Indian tribe, then it is exempt from the BEOP requirement, To elann the exemption, your
organization must complete and submit Section A of the Certification Fort, which is available online at
http://www.ojp.usdoj.goy/about/cer/pd&/Cert.pdE
If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has
fifty or more employees (counting bath full- and part-time employees but exclnding political appointees), then it has to prepare a
Utilization Report (formerly called an BBOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your
organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to
complete Section B of the Certification Form and return it to the OCR, The Certification Form is available at
httpJ/Www.ojp.usdoj.goy/abouVoarlpdfs/certpdf.
If your organization is a government agency orprivate business and has received an award for $500,000 or more and has fifty or more
employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report
(formerly called an BBOP ShortForm) and submitit to the OCR for review within sixty days from the date of this letter. For assistance in
developing a Utilization Report, please consult the OCR's website at http:ilwww.ojp.usdoj,gov/abouVorr/eeop.htm. In addition, your .
organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Porn is available at
http;Nwww.ojp.usdoj.gov/about/ocr/pdfs/cert,pdf.
To comply with the BEOP requirements, you may request technical assistance from an BEOP specialist at the OCR by telephone at (202)
307-0690, by7TY at (202) 307-2027, or by e-mail atEBOsubmisson@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race,
color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative
agency, your organization must send a copy ofthe finding to the OCR.
Ensuring the Compliance of Subreciplents 1.
SAAs must have standard assurances to notify subreoipients of their civil rights obligations, written procedures to address discrimination
complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and aprogram to train
subrecipients on applicable civil rights laws.. In addition, SAAs must submit to the OCR every three years written Methods of
Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the ON11rights compliance of
subrecipients. For more information on the MOA requirement, see httpJ/Www.ojp.usdoj.govtfund nglotlter regnirements htm.
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as arecipient of federal financial
assistance, please contactus,
Sincerely, r�
Michaol L. Alston
Director
cc: Grant Manager
Financial Analyst
U.S. DEPARTMENT OF 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.
1, LOBBYING
As required by Section 1352, Title 31 of the US. 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 Staridard 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 criminaily 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:
Departinent of Justice
Office of Justice programs
ATfN: Control Desk
810 Seventh Street, N.W.,
Washington, D.C. 20531
Notice shall include the identification nurriber(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
(2y 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).
I
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) i
Check if there are workplaces on file that are not identified here.
Section 67, 630 of 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 application for Department of Justice funding. States and State agencies may
elect to use OJP Form 4061/7.
Check if the State has elected to -complete OR Form 406117.
I
I
L
i
f
I �
I
DRUG -FREE WORKPLACE,(GRANTEES NTE£S WHO ARE 1NDIVIDUALS1
As required by the Drug -Free A(orkplace 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, l 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, t 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, NW,
Washington, D.C. 20531
As the duty authorized representative of the applicant, I hereby certify that the applicant
Will comply with the above certifications.
1Grantee Name and Address:
/�Ji 4� �Yau� pa
2. Application Number andlor Project Name;
lfi� 0
3. Grantee IRS/Vendor Number ^ ��
4. Type/Print Name and Title of Authorized Representative
6. Sianature 6. Date
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 406112, 406113 AND 406114 WHICH ARE OBSOLETE
OFFICE OF JUSTICE. PROGRAMS BJA NIJ OJJDP 3JS OVC
OMB APPROVAL NO. 1121-0140
EXPIRES 06130/2009
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations,
policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A-
133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R, pts. 66 or 70
(administrative requirements for grants and cooperative agreements). The applicant also specifically
assures and certifies 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, management, 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. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in
2 C.F.R. § 175,15(b).
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification mid
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. §
469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
6. It will comply (and will require any subgrantees or contractors to comply) with any applicable
statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § I0604(e)); The
Juvenile Justice and Delinquency Prevention Act of 2002 (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 with
Disabilities Act of 1990 (42 U.S.C.§ I2131-34); the Education Amendments of 1972 (20 U.S.C. §§1681,
1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279
(equal protection of the laws for faith -based and community organizations).
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 treatment of persons displaced as a
result of federal and federally -assisted programs; and
b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain
political activities of State or local government employees whose principal employment is in connection
with an activity financed in whole or in Pr
by federal assistance.
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Date