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