HomeMy WebLinkAboutPACKET APR 15 2014It 1 C i1 '64 1 7 It 0 P P 0 K T I N I F I
BEA.[IMON*
T• E• X• A •m S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 15, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — April 8, 2014
* Confirmation of committee appointments
A) Approve a resolution approving a change order to the contract with Allco, LLC, related to
the South Park Area Water and Sanitary Sewer Improvements Project
B) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically a Grant Contract between the Office of the Attorney General and the
Beaumont Police Department
C) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically a Memorandum of Understanding agreement with the Department of Veteran
Affairs
RICH WITH OPPORTUNITY
111c'A,1111011(
T• E• X• A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Hani J. Tohme, P.L. City Utilities Director Klj
April 15, 2014
Council consider a resolution approving a change order to
the contract with Allco, LLC, related to the the South Park
Area Water and Sanitary Sewer Improvements Project.
0
The City Council approved a contract with Allco, LLC, of Beaumont on June 4, 2013 in the
amount of $1,407,669.35. The contract will follow along the current South Park Drainage
Project. The work will rehabilitate approximately 3,479 linear feet of sanitary sewer lines of
various diameters, remove and replace 19 (nineteen) existing manholes, and remove and replace 8
sanitary sewer services, rehabilitate approximately 15,464 linear feet of water lines of various
diameters, 18 fire hydrant assemblies, 73 gate valves of various sizes, 72 short side services, 51
long side services, and related appurtenances.
The proposed change order will increase the contract amount by $12.226.00 to replace
approximately 541 LF of existing 6" diameter concrete sanitary sewer line. The original plans
proposed the work to be performed by pipebursting methods. However, due to a conflict with the
proposed storm sewer construction, the sanitary sewer line will be relocated and installed by direct
bury methods.
Previous actions include:
Resolution 13-122 in the amount of $1,407,669.35 was approved by City Council on June 4, 2013.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No One(])
Date: 4/15/2014
PROJECT: City of Beaumont, Texas
South Park Area Water and Sanitary Sewer Improvements
OWNER: City of Beaumont, Texas
801 Main Street
Beaumont, l exas 77704
CONTRACTOR: Allco
PO Box 3684
Beaumont, Texas 77704
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change: Replace approximately 541 LF of existing 6" concrete sanitary sewer main on East Lavaca St from MLK
Parkway to the railroad tracks by direct bury methods instead of pipebursting the line in place.
ORIGINAL CONTRACT AMOUNT:
TH IS CHANGE ORDER
Description:
Add:
Demolition and replacement of storm drain inlet
Removal and replacement of concrete pavement
Relocation and reinstallation of site fencing
Materials, labor, and equipment for installing 10" PVC sanitary sewer line and related
appurtenances
Deduct:
Bid Item 4 - 10" sanitary sewer pipe bursting 541 LF & $5950/LF
Bid Item I 1 - Remove & replace manhole 2 EA r, $3,710.00/F,A
Bid Item 16 - Clean & TV existing sanitary sewer lines
Bid Item 17 - Clean &'I V newly bursted sanitary sewer lines
TOTAL. A:NIOUNT OF THIS CHANGE ORDER
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER:
CONTRACT TIME
Original Contract Time.
Additional Time requested for This Change Order
$ 1407,669.35
Net Change
S 1,600.00
$ 3,850.00
$
6,40000
S 43.772 50
$ (32.189.50)
$
(7A20.00)
$ (1164.00)
$ (1.623 00)
S 12,226.00
S 1,419,895.35
270 Calendar Days
0 Calendar Days
Revised Contract Time per this Change Order. 270 Calendar Days
CONDI'T'ION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the
Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes
an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to
the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed_"
Recommended b\ -
CQN ofBeaumont
Cm 1:61itics Direct
tor_ //�
Date: - / t/oLol,%
Approved bN
Accepted by.
City of Beaumont Allco, Ltd.
Owner Contractor
Date: Date
DESIGN BUIL'D
CONST"RUCTION MANAGEMENT
L
RAL CC)NTRACTOFi
P. O Box 3604, Beaumont, Texas 77704 Phone: 409-860.4459 Fax: 409-860-3857
Email: allco gallco.com
April 8, 2014
City of Beaumont
1350 Langham Road
Beaumont, "texas 77707
Attn: Molly Villarreal, P.E.
Re: City of Beatunont - South Park. Water and Sewer
ALLCO Proieet No. TX -720
Dear Molly:
Please find below, revised pricing as requested for the 10" sanitary sewer line located on East
Lavaca. The plans originally called for this line to be pipe burst, however due to the re-
alignment of the 10 x 6 box culvert storm sewer, this existing line will be removed. This pricing
is based on revised plans received from you, with a new routing for the 10" sanitary sewer. We
have priced 10" SDR 26 ASTM 3034 pipe for this since it is an open cut installation. Credit is
included on items from the contract which will not be installed. Further breakdown is detailed
below as per our conversation.
Labor, including payroll taxes
$ 14,213.00
Material
22,853.00
Equipment
5,595.00
Inlet demo & replacement
1,600.00
Concrete paving break-out
469.00
Pour back concrete paving
3,381.00
Fencing relocation & reinstallation
6,400.00
$ 54,511.00
Bid Item 4 - 10" pipe bursting
$59.50/1,F x 541 LF
(32,189.50)
Bid Item 1 1 - Remove/replace manhole
$3710.00/EA x 2 EA
( 7,420.00)
Bid Item 16 - Clean & TV existing lines
$4.00/1-F x 541 LF
( 2,164.00)
Bid Item 17 - Clean & TV new lines
$3.00/1,F x 541 LF
( 1_,623.00)
$ 11,114.50
Overhead & Profit
1,111.50
S12,226.00
Molly Villarreal, P.E.
Apri 18, 2014
Page 2
This pricing includes the temporary Lamar fence relocation, as well as permanent installation
when pipe installation is finished. We also include stabilized sand backfill under paving (Lavaca
turning lane), break-out of concrete and patching of concrete paving. The turning lane is not
included in the South Park Drainage Project paving replacement. This pricing also includes
replacenient of the inlet adjacent to the turning lane on Lavaca. This inlet was not to be replaced
in the Drainage Project.
Let ule know if you have any questions or need further information.
Sincerely,
ALLCO LLC
M
Keith Burrell
C
`N
R o
iu
O
LIJ
RESOLUTION NO.
WHEREAS, on June 4, 2013, the City Council of the City of Beaumont, Texas,
passed Resolution No.13-122 awarding a contract in the amount of $1,407,669.35 to Allco,
Ltd., of Beaumont, Texas, forthe South Park Area Water and Sanitary Sewer Improvement
Project; and,
WHEREAS, Change Order No. 1 in the amount of $12,226 is required to replace
approximately 541 linear feet of existing 6" diameter concrete sanitary sewer line by direct
bury method rather than pipebursting the line in place, thereby increasing the contract
amount to $1,419,895.35;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 in the amount of $12,226 for additional work described above, thereby increasing the
contract amount to $1,419,895.35 for the South Park Area Water and Sanitary Sewer
Improvement Project.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day ofApril,
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
[I 11E A
► �
T - E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Charles W. Jeffcoat, Assistant Chief of Police
April 15, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary, specifically a Grant
Contract between the Office ofthe Attorney General and the
Beaumont Police Department.
BACKGROUND
The Internet Crimes Against Children (ICAC) Task Force was created to help State and Local law
enforcement agencies enhance their investigative response to offenders who use the internet, online
communication systems, or other computer technology to sexually exploit children. The program
is currently composed of regional Task Force agencies funded by the United States Office of
Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was
established to assist these agencies with training and technical assistance in support of their Internet
Crimes Against Children initiatives.
FUNDING SOURCE
Approval of this Grant contract between the Office of the Attorney General and the Beaumont Police
Department will provide $14,198 of funding to be allocated for training and operating expenses.
-['here is not a match requirement.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT-
THAT the City Manager be and he is hereby authorized to execute a Grant Contract with
the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAC)
Task Force to provide training and technical assistance in support of their Internet Crimes
Against Children initiatives. Said Grant Contract is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April,
- Mayor Becky Ames -
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1449354
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 (ICAC) Task Force Program, United States Department of
Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency
Prevention, seeks to maintain and expand State and regional ICAC task forces to address
technology -facilitated child exploitation. These task forces work collaboratively as a national
network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate
Internet crimes against children. The program requires existing task forces to develop multi -
jurisdictional, multi -agency responses to such offenses by providing funding and other support to
State and local law enforcement agencies as a means to help them acquire the necessary
knowledge, personnel, and equipment. The purpose of this contract is to provide reasonable
contractual controls to ensure that the public purposes of the grant are achieved.
SECTION 2 TERM OF THE CONTRACT
This contract shall begin on March 1, 2014 and shall terminate May 31, 2014, 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 2012 -MC -FX -K047, (OAG Award Document), as well as the
applicable provisions of the OAG ICAC Grant Application or OAG Award Document as
supplemented, amended or adjusted.
ICAC Subrecipient Grant Contract — Beaumont Police Department 1449354
Page I of 18
EXHIBIT "A"
3.2 Establishment of Final Project Budget; Grant Project Narrative; Special
Conditions. The GRANTEE's budget is attached as Exhibit A.
The grant project narrative is as follows:
To support certain Internet Crimes Against Children (ICAC) travel, supplies, and
other expenses.
The Special Conditions, including the OAG Award Document, are attached as Exhibit B.
The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In
addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs,
outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the
term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the
Special Conditions attached to this contract.
SECTION 4 REQUIRED REPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall
forward to the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall
ensure that it files each document or form required by the OAG in an accurate and timely
manner. Unless filing dates are given herein, all other reports and other documents that
GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time,
the OAG may require additional information from GRANTEE.
4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and
Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information
contained in the required reports, other information may be required as requested by the OAG.
GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any
previously submitted information was inaccurate and forward the correction information to the
OAG.
4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit within ten (10) business days, notice to the OAG of any
change of the following: GRANTEE's name; contact information; key personnel, officer, director
or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE
shall promptly notify the OAG, preferably in advance, of a change in address or main telephone
number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract.
To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's
letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed
by the Authorized Official, may request a change to the Grant Contact.
ICAC Subrecipient Grant Contract — Beaumont Police Department 1449354
Page;2 of 18
4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its
governing body shall bear full and sole responsibility for the integrity of the fiscal and
programmatic management of the organization including financial and programmatic policies
and procedures.
Such fiscal and programmatic management shall include accountability for all funds and
materials received from the OAG; compliance with OAG rules, policies and procedures, and
applicable federal and state laws and regulations; and correction of fiscal and program
deficiencies identified through self-evaluation and/or the OAG's monitoring processes.
Ignorance of any contract provisions or other requirements referenced in this contract shall not
constitute a defense or basis for waiving or failing to comply with such provisions or
requirements.
GRANTEE shall develop, implement, and maintain appropriate financial management and
control systems, which include budgets that adequately reflect all functions and resources
necessary to carry out authorized activities and the adequate determination of costs; accurate and
complete payroll, accounting, and financial reporting records; cost source documentation;
effective internal and budgetary controls; allocation of costs; and timely and appropriate audits
and resolution of any findings and applicable annual financial statements.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure
the confidentiality of records required to be kept confidential by applicable federal and state law,
rules and regulations. This provision shall not be construed as limiting the OAG's access to such
records and other information.
4.2 Programmatic Reports
4.2.1 ICAC Semi -Annual Statistical (Performance) Reports, including Outcome Measure
Reports. GRANTEE will support the OAG in its progress reporting requirements, including the
reporting requirements of outcome measures. The OAG is required to report, within 30 days
after the end of the reporting periods, certain outcome measures. The semi-annual reporting
periods end on the last day of June and December each year. The OAG will establish deadlines
for the GRANTEE to meet its requirement to report to the OAG.
Contents of Semi -Annual Statistical Reports. GRANTEE shall report data to the OAG
on the following outcome measures:
a. Number of CyberTipLine referrals received and investigated;
b. Number of indictments obtained on CyberTipLine referrals;
c. Number of convictions obtained on CyberTipLine referrals;
d. Number of online solicitation of a minor (or its equivalent) arrests;
e. Number of online solicitation of a minor (or its equivalent) indictments
obtained;
f. Number of online solicitation of a minor (or its equivalent) convictions
ICAC Subrecipient Grant Contract—Beaumont Police Department 1449354
Page 3 of] 8
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 the ICAC Task Force Program Monthly Performance
Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The
Performance Measures, which shall contain at a minimum the following additional supporting
data elements:
a. Complaints;
b. Case Information;
c. Goals;
d. Court Actions;
e. Technical Assists;
f. Training; and
g. Community Outreach Presentations.
4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements
of the following measures:
a. Staffing levels of the task force, including the number of investigators,
prosecutors, education specialists, and forensic specialists dedicated to
investigating and prosecuting Internet crimes against children.
b. Investigation and prosecution performance measures of the task force.
including:
1. the number of' investigations initiated related to Internet Crimes
Against Children;
2. the number of arrests related to Internet Crimes Against Children:
and
3. the number of prosecutions for Internet Crimes Against Children,
including -
i. whether the prosecution resulted in a conviction for such
crime; and
ICAC Subrecipient Grant Contract — Beaumont Police Department 1449354
Page 4 of' 18
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.
f. The number of computer forensic examinations that the task force
completed.
g. The number of law enforcement agencies participating in Internet Crimes
Against Children program standards established by the task force.
4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written
explanation to the OAG for any variances by GRANTEE from projected performance. In
addition to the written explanation, GRANTEE shall promptly answer any questions of the
OAG, whether in writing or otherwise, in connection with the any reports presented to the OAG.
4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or
programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered
by GRANTEE which may be conducted by the OAG or its designees.
GRANTEE shall submit service delivery reports required by the contract or self -evaluations of
performance and other reports requested by the OAG in appropriate format and on a timely basis
and make available at reasonable times and for reasonable periods, client records and other
programmatic or financial records, books, reports, and supporting documents for reviewing and
copying by the OAG or its designees.
4.3 Financial Matters
4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE
will immediately review the annual budget as established in this contract.
4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are
paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for
reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project
costs to provide services under this contract. The payments made to GRANTEE shall not exceed
its actual and allowable allocable costs to provide the services under this contract.
The request for reimbursement will be submitted to the OAG in the form and manner as
approved by the OAG and will specify the detailed and total expenses for the month, in the
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 5 of 18
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 April 15, 2014 or a date as established
by the OAG, GRANTEE will submit fiscal year end required reports.
Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for
the prior fiscal year in the following cost categories: (i) personnel and fringe benefits,
reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment,
(v) supplies, and (vi) other direct operating expenses.
Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report
which provides record of the current inventory of items purchased, disposed, replaced or
transferred of any equipment purchased with grant funds.
4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the
OAG a copy of its annual independent financial audit — "timely" means on or before May 31 for
an grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to
the OAG is on or before nine (9) months after the end of GRANTEE's accounting year.
GRANTEE will contract an independent CPA firm to perform an annual financial audit
engagement. GRANTEE's independent CPA firm will determine the type of annual financial
audit, which may include a compliance attestation in accordance with the requirements of OMB
Circular A-133 (audits of State, Local Government, and Non -Profit Organizations) and/or Texas
Single Audit Circular (Single Audit or non -Single Audit financial audit). If applicable,
GRANTEE will provide the OAG with any and all annual independent financial audits or
audited financial statements, related management letters, and management responses of
GRANTEE.
4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out
Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and
shall make every reasonable effort to submit monthly billings to the OAG, which cover the
previous month's expenses, so that they are received by the OAG on or before the twentieth
(20`') of each month, or if the 20th falls on a weekend or holiday, the next business day. The
OAG will make all reasonable efforts to promptly process and make payments on properly
completed billings. GRANTEE may submit a final invoice not later than the earlier of (1) forty-
five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after
the end of each state fiscal year.
4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 6 of 18
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 which shall be available to the OAG at all
times upon request, however, as between the OAG and Grantee title for equipment will remain
with Grantee.
GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with
grant funds so as to ensure the full availability and usefulness of such equipment. In the event
GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of,
or damage to the equipment purchased under this contract, it shall use the proceeds to repair or
replace said equipment.
4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on
Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct
Deposit Authorization Form. After the direct deposit request is approved by the OAG and the
setup is completed on the Texas Identification Number System by the State Comptroller's Office,
payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE
with copies of reimbursement vouchers.
SECTION _5 OBLIGATIONS 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.
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 7 of 18
5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse
GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this
contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the
OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to
previously un -awarded budget categories, changing funds in any awarded budget category by
more than 10% of the annual budget and/or adding new line items to any awarded budget
category.
5.4 Contract Not Entitlement or Right. Reimbursement with contract 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 unless a written amendment to this contract is first
executed. GRANTEE agrees that nothing in this contract will be interpreted to create an
obligation or liability of the OAG in excess of the funds delineated in this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the
actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG.
GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of
each state biennium and by specific appropriation authority to and the spending authority of the
OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other
provision of this contract, if the OAG is not appropriated the funds or if the OAG does not
receive the appropriated funds for this grant program, or if the funds appropriated to the
OAG for this grant program are required by the state to be reallocated to fund other state
programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance
on this contract.
SECTION 6 TERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
contract without recourse, liability or penalty, upon thirty (30) calendar days notice to the other
party.
6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an
obligation of the terms, conditions and provisions of this contract, the OAG may, upon written
notice of the breach to GRANTEE, immediately terminate this contract.
6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination
is not an exclusive remedy, but will be in addition to any other rights and remedies provided in
equity, by law, or under this contract.
Termination of this contract for any reason or expiration of this contract shall not release the
Parties from any liability or obligation set forth in this contract that is expressly stated to survive
ICAC Subrecipient Grant Contract—Beaumont Police Department 1449354
Page 8 of 18
any such termination or by its nature would be intended to be applicable following any such
termination. The following terms and conditions, (in addition to any others that could reasonably
be interpreted to survive but are not specifically identified), survive the termination or expiration
of this contract: Sections 4, 5, 7; 11; and 12.
SECTION 7 AUDIT RIGHTS; RECORDS RETENTION
7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the
OAG to verify all reporting measures and requests for reimbursements related to this contract.
GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's
auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government
or such other persons or entities designated by the OAG, to ensure proper accounting for all costs
and performances related to this contract.
7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years
after the submission of the final expenditure report, or until full and final resolution of all audit
or litigation matters which arise after the expiration of the four (4) year period after the
submission of the final expenditure report, whichever time period is longer, such records as are
necessary to fully disclose the extent of services provided under this contract, including but not
limited to any daily activity reports and time distribution and attendance records, and other
records that may show the basis of the charges made or performances delivered.
7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability
for all reporting measures and requests for reimbursements. Audit trails maintained by
GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE
to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the
means whereby authorized personnel have the ability to audit and to verify contractually required
performances and to establish individual accountability for any action that can potentially cause
access to, generation of, or modification of confidential information.
7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and
make available all paper and electronic records, books, documents, accounting procedures,
practices, and any other items relevant to the performance of this contract, compliance with the
applicable state or federal laws and regulations, and the operation and management of
GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such
items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under
this contract or through a subcontract under this contract to likewise permit access to, inspection
of, and reproduction of all books, records and other relevant information of the entity, person or
contractor that pertain to this contract. All records, books, documents, accounting procedures,
practices, and any other items, in whatever form, relevant to the performance of this contract
shall be subject to examination or audit. Whenever practical as determined at the sole discretion
of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice
of any such examination or audit.
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 9 of 18
7.5 State Auditor. In addition to and without limitation on the other audit provisions of this
contract, pursuant to Section 2262.003 of the Texas Government Code, the State Auditor's
Office may conduct an audit or investigation of GRANTEE or any other entity or person
receiving funds from the State directly under this contract or indirectly through a subcontract
under this contract. The acceptance of funds by GRANTEE or any other entity or person directly
under this contract or indirectly through a subcontract under this contract acts as acceptance of
the authority of the State Auditor's Office, under the direction of the Legislative Audit
Committee, to conduct an audit or investigation in connection with those funds. Under the
direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of
an audit or investigation by the State Auditor's Office must provide the State Auditor's Office
with access to any information the State Auditor's Office considers relevant to the investigation
or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the
conduct of the audit or investigation, including providing all records requested. GRANTEE shall
ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through GRANTEE and the requirement to cooperate is included in any
subcontract it awards. The State Auditor's Office shall at any time have access to and the right to
examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and
records of GRANTEE related to this contract.
7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of
business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business
hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the
audit is being performed of a subcontractor, the subcontractor's premises if necessary) private
space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities
and office -related equipment and duplicating services as OAG or its designees may reasonably
require to perform the audits described in this contract.
SECTION 8 SUBMISSION OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by GRANTEE. The
OAG generally requires submission of information via email or hard copy format. Some
reporting requirements must occur via the internet and/or a web -based data collection method.
Programmatic Reports and Information (excluding Financial Reports). All quarterly
statistical reports, annual performance reports, correspondence, reports or notices, except
financial reports specified below, must be submitted via email to:
OAG-Grants@texasattorneygeneral.gov
If requested or approved by the OAG, other programmatic reports may be submitted to:
Program Manager — Grants Administration Division
Office of the Attorney General
Mail Code 005
ICAC Subrecipient Grant Contract — Beaumont Police Department 1449354
Page 10 oft8
Post Office Box 12548
Austin, Texas 78711-2548
8.2 Financial Reports (excluding Programmatic Reports and Information). All financial
status reports, requests for reimbursement, audits, and inventory reports, must be submitted in
hard copy format to:
Financial Manager — Grants Administration Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
The Annual Independent Financial Audit and related documents, as well as any other reports, if
requested or approved by the OAG, may be submitted to:
OAG-Grants@texasattorneygeneral.gov
SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to make a good faith effort to identify, communicate and resolve problems
found by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance
under this contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase monitoring visits; require that additional or
more detailed financial and/or programmatic reports be submitted; require prior approval for
expenditures; require additional technical or management assistance and/or make modifications
in business practices; reduce the contract amount; and/or terminate this contract. The foregoing
are not exclusive remedies, and the OAG may impose other requirements that the OAG
determines will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information, may result in the OAG, at its sole discretion, placing
GRANTEE on immediate financial hold without further notice to GRANTEE and without first
requiring a corrective action plan. No reimbursements will be processed until the requested
information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole
discretion, may deny reimbursement requests associated with the expenses incurred during the
time GRANTEE was placed on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose
other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion,
may impose sanctions, including, but not limited to, withholding or suspending funding,
offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement,
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 1 I of 18
reducing funding, terminate this contract and/or any other appropriate sanction.
9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, GRANTEE remains responsible for complying with the contract terms and conditions.
Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of
prior failure to comply with this contract.
SECTION 10 GENERAL TERMS AND CONDITIONS
10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and
Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state
laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities
relevant to the performance of GRANTEE under this contract.
10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and
State Certifications and Assurances. GRANTEE agrees to comply with applicable laws,
executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981
(UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply
with Uniform Grant Management Standards (UGMS), as promulgated by the Texas Governor's
Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG
Certifications and Assurances as contained in the Application Kit.
10.3 Generally Accepted Accounting Principles or Other Recognized Accounting
Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP)
promulgated by the American Institute of Certified Public Accountants, unless other recognized
accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management
policies and procedures in processing and submitting for reimbursement GRANTEE's billing
and maintaining financial records relating to this contract.
10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to
give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or
employee of the OAG, at any time during the negotiation of this contract or in connection with
this contract, except as allowed under relevant state or federal law. GRANTEE will establish
safeguards to prohibit its employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest or personal gain.
GRANTEE will operate with complete independence and objectivity without actual, potential or
apparent conflict of interest with respect to its performance under this contract. GRANTEE must
disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential
conflicts of interest relative to its performance under this contract.
10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
responsibilities of this contract and currently is in good standing with all regulatory agencies that
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 12 of 18
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 or state, or federal laws. If GRANTEE is a law enforcement
agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in
compliance with all rules developed by the Texas Commission on Law Enforcement Officer
Standards and Education.
SECTION 11 SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement.
GRANTEE expressly agrees that it is an independent contractor and under no circumstances
shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be
considered an OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the
OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of
GRANTEE will be deemed to be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of
GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE
or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that
any and all appropriate payments are made, such as unemployment, workers compensation,
social security, any benefit available to a state employee as a state employee, and other payroll
taxes for such persons, including any related assessments or contributions required by law.
To the extent allowed by law, GRANTEE or contractors are responsible for all types of
claims whatsoever due to the actions or performance under this contract, including, but not
limited to, the use of automobiles or other transportation taken by its owners,
incorporators, officers, directors, employees, volunteers or any third parties. GRANTEE
and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas
from and against any and all claims arising out of actions or performance of GRANTEE or
GRANTEE'S contractors under this contract. To the extent allowed by law, GRANTEE
agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all
liability, actions, claims, demands, or suits, and all related costs, attorney fees, and
expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act
or omission of GRANTEE, its employees, representatives, agents, or subcontractors in
their performance under this contract.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or
indirectly in any media release, public service announcement or public service disclosure relating
to this contract or any acquisition pursuant hereto, including in any promotional or marketing
materials, without first obtaining written consent from the OAG. This section is not intended to
and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas
1CnC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 13 of 18
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
granted by GRANTEE to the OAG or the state (or federal government, if federal funds are
expended in this grant) government. The OAG is granted the unrestricted right to use, copy,
modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any
manner the OAG deems appropriate at its sole discretion, any component of such intellectual
property made the subject of this contract.
11.4 Program Income. Gross income directly generated from the grant funds through a
project or activity performed under this contract are considered program income. Unless
otherwise required under the terms of this contract, any program income shall be used by
GRANTEE to further the program objectives of the project or activity funded by this grant, and
the program income shall be spent on the same project or activity in which it was generated.
GRANTEE shall identify and report this income in accordance with the OAG's reporting
instructions. GRANTEE shall expend program income during this contract term; program
income not expended in this contract term shall be refunded to the OAG.
11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract
to replace or substitute existing funding from other sources that also supports the activities that
are the subject of this contract.
11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any
solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of
GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney
General of the State of Texas.
11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG.
GRANTEE may not subcontract or assign any of its rights or duties under this contract without
the prior written approval of the OAG. It is within the OAG's sole discretion to approve any
subcontracting or assignment. In the event OAG approves subcontracting or assignment by
GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with
the provisions of this contract to the extent compliance is needed to support GRANTEE's
compliance with this contract. GRANTEE, in subcontracting for any performances specified
herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring
that all performance is in compliance with this contract and that the OAG shall not be liable in
any manner to GRANTEE's subcontractor(s).
11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract
is in any way intended to constitute a waiver by the OAG or the State of Texas of any
immunities from suit or from liability that the OAG or the State of Texas may have by operation
of law.
ICAC Subrecipient Grant Contract — Beaumont Police Department 1449354
Pagc 14 of 18
11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas.
This contract and all disputes arising out of or relating thereto shall be governed by the laws of
the State of Texas, without regard to any otherwise applicable conflict of law rules or
requirements.
Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit,
litigation or other proceeding (collectively "litigation") arising out of or in any way relating to
this contract shall be commenced exclusively in the Travis County District Court or the United
States District Court in the Western District, Austin Division, and to the extent allowed by law,
hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for
the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and
agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or
proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-
named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the
venue is improper.
11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic
Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing
Children's Assistance."
11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a
Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a
member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with
the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention ICAC Task Force Operational and Investigative Standards.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 are intended to be a general
introduction to this contract. To the extent the terms and conditions of this contract do not
address a particular circumstance or are otherwise unclear or ambiguous, such terms and
conditions are to be construed consistent with the general objectives, expectations and purposes
of this contract.
12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the
entire agreement between the Parties with respect to the subject matter therein described, and
there are no other representations (verbal or written), directives, guidance, assistance,
understandings or agreements between the Parties relative to such subject matter. By executing
this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this
contract, including all exhibits.
12.3 Amendment. This contract shall not be modified or amended except in writing, signed
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 15 of 18
by both parties. Any properly executed amendment of this contract shall be binding upon the
Parties and presumed to be supported by adequate consideration.
12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other
provisions. The illegal or invalid provision shall be deemed severable and stricken from the
contract as if it had never been incorporated herein, but all other provisions shall continue in full
force and effect.
12.5 Non -waiver. The failure of any Party to insist upon strict performance of any of the
terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver
of that party's right to demand strict compliance in the future. No consent or waiver, express or
implied, to or of any breach or default in the performance of any obligation under this contract
shall constitute a consent or waiver to or of any breach or default in the performance of the same
or any other obligation of this contract.
12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing
and performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY BEAUMONT POLICE DEPARTMENT
GENERAL OF TEXAS
Printed Name:
Printed Name:
Office of the Attorney General Authorized Official
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 16 of 18
EXHIBIT A
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1449354
Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the
OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all
expenses, shall not exceed:
FOURTEEN THOUSAND ONE HUNDRED NINETY EIGHT AND 00/100 ($14,198)
DOLLARS
Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual
allowable and allocable costs paid according to the following amounts and budget categories:
Budget Category
Amount
Personnel
$0
Fringe Benefits
$0
Professional & Contractual Services
$0
Travel
$1,024
Equipment
$0
Supplies
$11,179
Other Direct Operating Expenses
$1,995
Total
$14,198
ICAC Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 17 of 18
EXHIBIT B
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1449354
SPECIAL CONDITIONS
Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones
identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional
special conditions, with or without notice, without amending this contract.
GRANTEE's signature on this contact will be treated as a signature agreement for each of the 15
pages of the Special Conditions, as attached.
The Special Conditions that apply to this contract are:
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG
Award Document), 2012 -MC -FX -K047, and any subsequent award document.
Y 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.
Y Two (2) pages.
• Department of Justice, Office of Justice Programs, Assurances — Non Construction
and Standard Assurances.
>- Six (6) pages.
ICAC: Subrecipient Grant Contract— Beaumont Police Department 1449354
Page 18 of 18
Department ofkslice
Office of.iustice Programs
n S'.
Office of Juvenile Justice and
Delinquency Prevention
Cooperative Agreement
PAGE I OF i
i
I
i. RECIPIENTNANIE AND. ADDRESS(Inaludiug Zip Code)
4.AWARDNUMBEIL 2012 -MC -FX -K047
Texas 0 ft "- of the Attorney Genal ill
:'0 Box 13548
5. PROJECTPERIOD: FRO, 07/011;2012 TO (,613W2014
BUDGET PERIOD:i'ROM 07/:;1/2012 TO 06130;2014
6. AWARD DATE y 16
S. SUPPLbhlrtNT NU1;21)13 � 7. ACTION
IB.iR -- -----. Sup;d„mzntal
I-'- -- -- - ----— --- I
to CiItANTLLI.ZS/VLNDC i2,d0.
746000057
GI r
9. PREVIOUS AWARD AMOUNT S 428,31 !
1. ?ROJECT TITL .
10. AMOUNT OF THIS AWARD 4 491,313
Texas Office of tht Manley Genarni SnWhem ICAC Task Force
�
I I. TOTAL A WARD $9 9,624
12. SPECIAL CONDITIONS
TILE ABOVE GRANT PROJUT IS APPROVLD SUBJECT TO SUCH CONDITIONS OR LIMITATIONS .AS ARE SET FORTHON THE
A"1'TACHED PAGE(S%
(�..,P,iU"CORYAIJTIIOR."fYFOR:iRANT'
'Chis orolecr is suppe"ed under FY 13(O.IJDi' ICAC TF) Pub. L. No. 113-6; 127 Stilt. 199,256
i
I
I S. M I.- HOD OF PAYMLNT
I fRS
i
i
® AGENCYAPPROVAL ®
�� GRANTEEACCEPTANCE
NAME ANI? "('I'CLG OF APPRCiV1NCi OFFICIAL
r 18. TYPED NAME AND "P1TLE OF AUTHORIZED GRA N'('EE OFPICIr1 L '..
K� cl Virginia M -D,,
Daniel dodge
I
Assistant Attomcy Genesi
i
First A;sistnrt Attorney Cienem(
ITT SIGNATURE OF APPROVI/NGOFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
I
AGENCY USE ONLY
----..................
—
20. ACCOUNTING CLASSIFICATION CODES 21. 1,MCKiT01641
FISCALYFUNDC BUD.A OFC. DIV,R'u SUB. PDMS AMOUNT
LIAR 013r, C -r. 0. j
,l' r NIC 70 00 00 141313
I I
OIP FORM 4800r, (REV. 5-87; PREVIOUS EDITIONS ARE OBSOLETE,
OIP FORM 4000/2 (REV. d--SSj
a Department of Justice
Office of Justice Programs
AWARD
Office of Juvenile Justice and CONTINUATIONSHE:TT rrGE 0, 7
Delinquency Prevention Cooperative Agreement
i
PROJECTNUBER 2()!2 -VC -FX -K04-7 .At1ARDDATF 09/16/2013 '
,VECIAL CONDITIONS
(. The recipient a� ees to comply with the financial and administrative requirements set forth in the current edition of 4ic
Off ice of.lustiee Prograrns (OJP) Financial Guide,
2. The recipient acknowl�r dges that failure to submit an acceptable Equal Employment Oppwunity Plan (if recipient is
required to submit one pursuant to 28 C.P.R. Section 42,302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in conhplian.ce.
3. The recipient agrees to comply with the organizational audit requirements o OMB Circular A-133, Audits of States,
Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withhold, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-1.33 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of airy law, regulation or policy, at any level of government, without tile:
express prior written approval of 0.) ll.
5. The recipient must pracnptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contactor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant finds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
trait;
Oilke of the inspector General
U3, Department of Justice
investigations Division
950 Pennsylvania Avenue, N,1Ar,
Room 4706
Washington, DC 20530
e-mail: oig.hotliue,'jY�)usdcj.gov
hotline: (contact information in [:palish and Spanish): (800) 869-4499
or itoiliste fax: (202) 616-9881
Addiiional inforn;ation is available %om the DOJ OIG website at www.usdoj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period ifthe agency determines that the recipient is a high-risk grantee, Cf. 28 C.F.R. parts 66, 70.
n^00�_
ON FORM 40002 (REN. 4-88)
z Department of Justice
Office of Justice Programs AWARD
Office of Juvenile Justice and CONTINUATIONSHEET PALE 3 .)r
Delinquency Prevention Cooperative Agreement
i
PRO)CCTNUMBBR 2012-tvtC-FX-KOd7 _._._ ___._--ARVARDDATE 09/16!2013
.SPLC'IAL C'OIdDITIONS
8- The recipient agrees to comply with applicable requirements regarding registration with the System for Awar(I
Managemcnt (SA.M) (or with a successor government -wide system officially designated by OMB and 0.1P). The
recipient also agrees to comply with applicable restrictions on subaa✓ards to first-tier subrecipients that do not acquire
and provide a Data Universal Ntunbering System (DUNS) number. The details of recipient obligations are posted on
the Office of Justice Programs web site at ht.tp://vivw.ojp.gov/firnding/sam.13tm (Award condition: Registration with the
System for Award Management and Universal Identifier Requirements), and are incorporated by reference here. This
special condition does not apply to an award to an individual who received t e award as a natural person (i.e., unrelated
to any business or non-profit organization that he or she may own or operate in his or her name).
9. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
grant, and to establish workplace safety policies and conduct edification, awareness, and ether outreach to decrease
crashes caused by dist: acted drivers.
1€. Ttte recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing tate use of federal funds fcr expenses
related to conferences, meetings, trainings, and other events, including the provision of food ardor beverages at such
events, and costs of attendance at such events. In!"ormation on pertinent laws, regulations, policies, and guiclarce is
available at ,,vww.ojp.gov/funding/confcost.hnn.
I i . The recipient understands and agrees that tiny training or training materials developed or delivered wish frmding
provided under this award must adhere to the OJP Training Guiding Principles fbr Grantees and Subgrantecs, available
at http:/rwnNv.ojp.usdoj.govfFunding/ojpnainingguictingprinciptes.htm.
12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal Funds
othcr than this OJP award, and those award funds have been, are being, or are to be used, in whole or in part, for one or
more of the identical cast items for which funds are being provided under this OF xward, the recipient will promptly
notify, in writing, the grant manager for this O)P award, and, if so requested by OJP, seek a budget -mode cation or
change-of-praject-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for which financial assistance is provided fron•, those
funds, or of the parents or legal guardians ofsuch students.
14. The recipient understands and agrees that - (a) No award funds may be wised to maintain or establish a computer
network unless such network blocks the viewing, downloading, and exchanging ofpornography, and (b) Nothing in
subsection (a) limits the use offunds necessary for tiny Federal, State, tribal, or local law enforcemenf agency or any
other entity carrying out criminal investigations, prosecution, or adjudication activities.
15. Prior to lite expenditure of confident'iat funds, the recipient ane any subrecipieuts agree to sign a certification indicating
that he or she has read. understands, and agrees to abide by all of the conditions pertaining to contideuiial fund
expenditures as set forth in the OJP Financial Guide.
0
OR FORtbt 400012 (BEV. 4-88)
n
Department of Justice
Office of Justice Programs
P e
Office of Juvenile Justice and
'a
Delinquency Prevention
AWARD j
CONTUNUATTONSHEET PAPE a OF
Cooperative Agreement
PROJECT NUMBER 2012 -NC -FX -K047 AWARD DATE 0911612013
,9-)GC1,4L CONDITIONS
16. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, In
cer'.ain circumstances, to report the names and total compensation of the five most highly compensated executives of
tiie recipient and first-tier subrecipients of award limds. Sucl: data will be submitted to the FFATA Subaward
Reporting System (FSIts). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act: of 2006 (FFATA), are pos,:ed on the Office of Justice Programs web site at
http:/hv�rw.ojp.gov!ftinding/ffata.htm (Award condition: Reporting Sabawards and Executive Compensation), and are
incorporated by reference here. This condition, and its reporting requirement, does not apply to ;rant awards ;Wade to
an Individual who received the award as a natural person 6,.'., unrelated to any bLiSineSs or nor. -profit organization that
he or she may own or operate in his or her name).
17, With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to tiny
employee of the award recipient at a rate that exceeds 110% of the maxinumi annual salary payable to a member oP the
federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a ;uglier rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
Tins limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the (-)JP official indicated in the program nnnouncement under which this award is made.
OJP FORM 4000;2 (R EIV 4-")
Department of Justice
Office of Justice programs AWARD
SPI Office of Juvenile Justice and CONTINUATIONSHEET ! PAGE 5 OF
°� •a Delinquency Prevention Cooperative Agreement
PROT8G1'Nliti13L-R 2072-MC-rX-K047 AWARD DATE 09(1612013 I
SPECIAL CONDITIONS
.8. Within 45 calendar clays after the end of any conference, 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, the recipient must
provide the program manager with the following information and itemized costs:
t) oreveni
2) event dates;
3) location of event;
4) number of federal attendees;
>) nurnlie. ofnon-federal attendees;
6) costs of event space, including rooms for break: -out sessions;
7) cDSue ofaudio visual services;
8) ether equipment costs (e.;., computer fees, telephone fees);
9) costs of printing and distribution;
10) cmis of nicals pro,rided during the event;
0 costs of refreshments provided during the event;
12) costs of event planner;
13) costs of event facilitators; and
14') zny other costs associated with the event.
Tlie recipient must also itemize and report any of the Following attendee (including participants, presenters, speaker:;)
costs tl;at are paid or reimbursed with cooperative agreement funds:
1) mu'.ds oncl incidental expenses (ivl&117portion ofPei- die;n);
2) lodging;
3) transportation lo/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and,
4) luteal transportation (e.g., rental car, POV) at event location.
Note that if any item is paid for with registration fees, or any other non -award funding, then that portion of'the expense
does not need to be reported.
Furthe instructions regarding the submission of this data, and how to determine costs, are available at
vrww.ojp.govlfnnciin,/confcosttttm. SK4t
,-)JP FORM 400/2 (REV 4-811
Department of Justice
Office of Justice Programs
r
s . Office of Juvenile Justice and
Delinquency Prevention
AWARD
CONTINUATI.ONSHEET I PAGE, 6 OF
Cooperative Agreement
PROJECPN11MBER 2012 -MC -FX -K047 AWARD DATE 09r161201.3
SPECIAL CONDITIONS
19. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A doiailed
justification must be sttbnmitted to and approved by the OfIIee of Justice Programs (OJP) Imrogratn office prior to
obligation or expenditure of such funds.
20. The Office ol'Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather
than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of
the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the
project is as follows:
a. Review and approve major work plans, including changes to such plans, and key decisions pertaining to project
operations.
o. Review and approve rnajor project generated documents and materials used in the provision of project services.
Provide guidance in significant. project planning meetings, and participate is project sponsored training events or
conferences.
21. The Project Director and key program personnel designated in the application shall be replaced only for compelling
reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of
appropriate information, including, but not limited to, a resume. OJP will not urueasouably withhold approval.
Changes in other program personnel require only notification to OJP and submission of resumes, unless otherwise
designated in the award document.
22. The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at ImtlpsJlgr<rnis.oip.usdoj.gcv)
using the SF 425 Federal Financial Report forin (available for viewing at
�vmvw.wliitellotisc.gov/onmb/grants/standat-clformslff report.pdf), not later than 30 days after the end of each calendar
quarter. The final report shall be submitted_not later than 90 days following the end of the award period.
23. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end
of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted
to the Office of Justice Programs, on-line through the Internet at https://grants.ojn.uscioj.gov;.
24 The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during
the entire period of support under this award. This report will include detailed information about the project(s) funded,
including, but not liiniied to, information about hew the funds were actually used for each purpose area, data to suppoi t
statements of progress, and data concerning individual results and outcomes of funded projects reflecting project
successes and impacts, The final report is due no later than 90 days following the close of this award period or thL;
expiration of any extension periods. This report will be submitted to the Office o°.lustice Pragr3n's, on-line thrjugh
the Internet at https:/'grants,ojp.usooj.gov/.
OJP F0ILb1 4090,•2 tR HN 4-68)
Department of Justice
Ofice of Justice Programs AWARD
Office of Juvenile Justice and CONTINUATIONSHEET PAGE OF
Delinquency Prevention Cooperative Agreement
PROIECTNUMBER 2012-MG6X.1047 AWARD DATE 00/1(12013
SPECIAL C.'ON/JMON.S
25. ICAC Annual Reports
The recipient agrees to submit annual reports to O.IP that set ,,orifi the following:
(A) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and
forensic specialists dedicated to investigating and prosecuting Internet crimes against children.
(B) Investigation and prosecution performance measures of the task force, including --
(i) the number of investigations initiated related to Internet crimes against children;
(it) the number ofarrests related to Internet crimes against children; and
(iii) tiie number of prosecutions for Internet crimes against children, including --
(1) whether the prosecution resulted in a conviction for sucih crime; and
(1I) the sentence and the statutory maximum for such crime under State law.
(C) The number of reerrals 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 file disposition of investigations that do not result in arrests or prosecution:, such ns
referrals to other law en€orcement.
(E) The number of investigative technical assistaEtce sessions that the task force provided to nonmember law
enforcement agencies.
(F) The number of computer forensic examinations that the task lbrce completed..
(G) The number of law enforcement agencies participating in Internet crimes against children program standards
established by the task force.
26. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance tMcasures to the OJJDP-
designated site.
21 The recipient agrees, V) comply with the OJJDP approved ICAC Task Force Operational ar,d Investigative Standards
J. The recipient acknowledges fiat the Office of Justice Programs (OJP) reserves a royahy-free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and authorize otters to use (in whole or in part, including in
connection with derivative works), for Fcderal purposes: (1) any work subject to copyright developed under an award
or subaward: and (2) any rights of copyright to w%.hicll a recipient or subrecipicnt purchases ownership with Fedcral
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 otltenvise use such
data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-
14 (nights in Data - General).
It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this :ondition is included
in any subaward under this award.
Thr, recipient has ilhe responsibility to obtain frOln subrecipicnts, contractors, and subcontractors (if any) all rights and
data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipic
contrae+.or; or subcontractor refuses to accept terms affording the Government such rights, the recipient shall pro
bring such refusal to the attention of the OR program manager for the award and not procecd with the agreemcr
question without further authorization from the OJP program office.
29. The recipient may not obligate, expend or draw down funds until the Office of the Clhief Financial Officer (OCE
approved the budge; and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this
condition.
Oil' FORM '00012 (RHV. 4-9,4)
Department of Justice
!a s, Office of Justice Programs
.lice of Juvende Justice ar ick Deiirrgerenc�� .Prevention
Mahington, L1.0 20931
Memorandum To: Official Grant File
From: Lou Azm flolland, Program Manager
Subject: Categorical. Exclusion for Texas Office of the Attorney General
The recipient agrees to assist OJJDP to comply with the National Environmental Policy Act (NEPA) and other
related federal environmental impact analyses requirements in the use of these grant hinds either directly by the
recipient or by a subrecipient. Accordingly, prior to obligating grant finds, the grantee agrees to first determine if
any of the following activities will be related to the use of the grant funds and, if so, to advise OJJDP and request
ftrtiier NEPA implementation guidance. Recipient understands that this special condition applies to its activities
whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being;
conducted by the recipient, a subrecipient, or any third party and the activity needs to be undertaken in order to use
these grant funds, this special condition const first be met. The activities covered by this special condition are: a.
new constriction; b. minor renovation or remodeling of a property either; (1) listed on or eligible for listing on the
National Register of Historic Places or; (2) located within a I00 -year flood plain; c. a renovation, lease, or any
other proposed use of a building or facility that will either; (1) result in a change in its basic prior use or; (2)
significantly change its size and; d. Implementation of a new program involving the use of chemicals other than
chemicals that are; (1) purchased as an incidental component of a fimded activity, and; (2) traditionally used, for
example, in office, household; recreational, or education environments.
7, PROGRAM PERIOD
FRObv 070/20!2
9. AMOUNT OF AWARD
S491,3i3
11, SECOND YEAR'S BUDGET
:3. THIRD YEAR'S BUDGET PERIOD
i
8. BUDGET PERIOD
TO: 06,13012014 FROM: 07I01/20i2 TO: 0613000';-i
10. DATE OF AWARD
09/16/2013
12. SECOND YEAR'S BUDGET AMOUNT
14. THIRD YEAR'S BUDGET AMOUNT
tS, SUMMARY DESCRIPTION OF PROJECT (Sce instruction en reverse)
Pursuant to Section 104 of the PROTECT Our Children Act of2008, the ICAC Task Forec shall 1) consist of Smtc and local limstigators, prosecutors, forensic
specialists, mid education, spec!alists who are dedicated to addressing the goals of the task force; 2) engago in proeetive investigations, forensic examinations, and
effective prosecutions of Internet crimes against children; 3) provide forensic, preventive, and investigative assistance to parents, cciticatrr, prosecutors, law
cnforccnicnt, and others concerned with Internet crimes against children; 4) develop multijurisdictional, nndtiagency responses and partnerships to lnternet clines
against children offenses through ongoing infot'ntational, administrative, and technological support to ether Suck and local law enforcement agencies, as a means for
such agencies to acquire the necessary knowledge, personnel, and specialized equipment to iuvestigate and prosecute such offenses; 5) participate in nationally
coordinated investigations in any caso in which lite Attorney Goncral dctcnnincs such participation to bo necessary, as permitted by the available resource of such
task force; 6) establish or adopt investigative and prosecution standards consistent with nornis, to which such task force Shull comply; 7) investigate, and seek
prosecution on, tips related to Internet clinics against children, including tips from Operation Fairplay, the National Internet Crimci Against Child.-cn Data Syste€n,
,,-)JP FORM 400012 (REV. 4-881
Department Of Justice
L
GRANT MANAGER'S MEMORANDUM, PT. 1:
` Office of Justico Programs
m
i. ROJEC"r SUMMARY
�. Office of Juvenile Justice and
Delinquency Prevention
Cooperative Agreement
x
i PROJECTNUMBER
i PAGE I OF
12012-MC-FX-KO47
his project is supported under FY13(O,UDP ICAC TF) Pub, L.
N"o. 1 13-6; 127 Stat. 198, 256
I
I. STAFF CONTACT(N'atne n rcicphcnc number)
€
2. PROJECT DIRECTOR (Name, address Y telephone number)
Scott Pcstridgc
Scott Flonry-Valia
302) 514-^661i
OAG Grants Coordinator
PO Box 1250
Austin, TX 78711-2548
I
,512)936-2186
3t:, TITLE OF THE PROGR-AM — _
-- - -- ---�—OMS CODE (SEE INSTRUCTIONS
ON REVERSE)
Fl` 13 In±crnci Crimes Agi)inst ChildrenTask Forec luvitvd
Awards
I
4,'T1TLE OF PROJECT
i
':axis Office of the ALtontcy General Southern JCAC Task Force
5. NAME & ADDRESS OF GRANTEE
5, NANTE & ADRESS OF SUBGR.AN'TEE
-;exi:S Office of the Attorney General
110 Box 12548
hustin, TX 7,9711-2548
7, PROGRAM PERIOD
FRObv 070/20!2
9. AMOUNT OF AWARD
S491,3i3
11, SECOND YEAR'S BUDGET
:3. THIRD YEAR'S BUDGET PERIOD
i
8. BUDGET PERIOD
TO: 06,13012014 FROM: 07I01/20i2 TO: 0613000';-i
10. DATE OF AWARD
09/16/2013
12. SECOND YEAR'S BUDGET AMOUNT
14. THIRD YEAR'S BUDGET AMOUNT
tS, SUMMARY DESCRIPTION OF PROJECT (Sce instruction en reverse)
Pursuant to Section 104 of the PROTECT Our Children Act of2008, the ICAC Task Forec shall 1) consist of Smtc and local limstigators, prosecutors, forensic
specialists, mid education, spec!alists who are dedicated to addressing the goals of the task force; 2) engago in proeetive investigations, forensic examinations, and
effective prosecutions of Internet crimes against children; 3) provide forensic, preventive, and investigative assistance to parents, cciticatrr, prosecutors, law
cnforccnicnt, and others concerned with Internet crimes against children; 4) develop multijurisdictional, nndtiagency responses and partnerships to lnternet clines
against children offenses through ongoing infot'ntational, administrative, and technological support to ether Suck and local law enforcement agencies, as a means for
such agencies to acquire the necessary knowledge, personnel, and specialized equipment to iuvestigate and prosecute such offenses; 5) participate in nationally
coordinated investigations in any caso in which lite Attorney Goncral dctcnnincs such participation to bo necessary, as permitted by the available resource of such
task force; 6) establish or adopt investigative and prosecution standards consistent with nornis, to which such task force Shull comply; 7) investigate, and seek
prosecution on, tips related to Internet clinics against children, including tips from Operation Fairplay, the National Internet Crimci Against Child.-cn Data Syste€n,
,,-)JP FORM 400012 (REV. 4-881
the National Center for Missing and Exploited Children's CyberTipiinc, ICAC task forces, and outer Fcderal, State, and local agencies, with priority being given to
investigare leads that indicate possibility of identifying or rescuing child victims, including investigative leads th❑t indicate a likelihood of seriousness of offense or
dangerousness to the conununity; S) develop procedures for handling seized evidence; 9) mainlaln reports required by OJJDP and other reports and records as
determined by the Attorney General; and 10) seek to comply with national standards regarding the investigation and pros0cut.iwt of Intemcl criures against children,
as set forth by the Aaorncy General, to 1110 extent such standards are consistent with the law of the State whey- Iho task fomc is tocatcd.
'Flw'fexas Office of the Attomey General (OAG) rocogufzcs tale imporhmQe o"expanding the capacity of 1110 "texas OAG Interact Craves Against Childron (ICAC)
Task Force. As a result, using OJJDP funds, the Texas Office of the Attorney General will be awarding seveml stab-awards to law enforcement affiliate agencies.
These sub-awards will allow the individual law enforcement ag+antics to determine their own equipment and trnmml; priorities. In addition, the task force will
connlnue to support one Investigator and two Forensic Bxnrniners. This award will also idiow the OAG ICAC to increase their investigatory and computer 1161'Ca$iC
capaHitit,s by purchasing monitors and hardwaro to support operations.
NGVCF
Np.irtniefit of,Justicc
(Abu of W&C pmgmrns
09he Dr C&H QhI�-
'6, _70!',
PCBo Cps
P. TY so 1-20S
�Kf
f%
Ut'iiow
C_rgrnru.eti ns cm yc,;,tr iccLA)t in :,smbli'qhltig financiii! mustswe pvgmm& Angmss linked the ie ip of Federai Qmtvig to
ci,,! Qk; (ares. Ile onke 5A Sri! Mots pcn Office ofkA;e P;ogiains `,QjP), U.S, D;,i-nu-w-�ew of 3ustce
1 mixomwe K visurung W mcTonm o"Anwicho OW awn WpAst component offices md bumom, the 0fAc an ViOnice Agwn.q-
`J,Vncn (0%`W), rind ih—, Officc o, Comintmity Oricnicd Pchcing Servico KX)PY compQ wit appiNN: A&A vivAyMs amms w
-,Anm& 11 at OCR wr avelTh w hOp you and Vogt uWnizatiOrl MCet:he C11!06ghtS C-DiTle Nnh.!UsnClc
DqVnims!
Inetlring Access to Fcticw2ily Assisted Programs
As yu hamm FAwN lava Topa =100 offim5b assistance huindmaniubg an Ac but dim, ;o1m makmi origin.
religion, ;cs, lir disability in f1inded programs o. -activities, not only;ii respect to emrloynnentlintices brit alsoin the delivery of.;e vices
AudcUng Services W lArnhed EnWhh 19oHdawy (LEM haNkMak
in amomane wit Apam""t of mice 0 TA 0 of Ac Cia Rights Aci 0196142 WC. I 2ONd, mWasms x
in,iwic-iat assisvinc'-- initst, tz.kc ler,'Sonable SIVI)s lo provide ninningft.11 access to t icir pre; mns In,: acnvitik!s for Pelso;!S "fth
BOB promwmy OXPA Fox mom khrrinItion an the awii rThN msWrikillihms that mjkivs hnT in Invividing Litigunc saxis m
I TP WnWn nvin ic: the w5hic M hM§QwwAjps
insuring Equat Freatiann for- Vaith-Bave(l Organizations
VW Dyamma ahake 11.ss pultsa a a jepiation qxcik:Aj "itAiNg W Tefar dinig o: i.Iitll-based o;-gicninlion's. 11�
gtjlution' N;-ticihaJon Progtamt; Y Rc1%Kw0WnKQovsProvicling for EcItial Trcatment ofall jkitnce
DvI)air-n.eM Program k;l.owii as the hcil-m[Truirrx, tit lNgdation 28 (TA. pa ", vpks irate MHANtsmV Ag_ ries
w AM As o,KaJons Um same as any olm opium o; rKown nw rephihon Invb∈ Stmt AdminisLci in.4 agencies frci, ii,Awg
awxd or gum admikiNtruUm dalkin on Ac basis of oWmaths rltgimn Guam a Wkkt AWn"mix wVw Ajims
auvo,"M do hmd ditmmni
nv mp". Am PaNm KiNvand wpTil mmins Tom nwg finxich! assistor,.e.,on) IONUS!iCC ',)
Awnr x0viny Who j"Mac c 3E.Awom c" njage in nm-bialed whem Ny rdyns Udwich .hey IM9 he K! n"ro'cly
D-,L),timn,-ro ofi'I'Aicc ano cutdlon.c;s 01 ""N16,16al it's caj;.ricc to ne7iicipaie ni .hcnj 71�c
ho, mar Whawlan at ne ryukow, Ame sw OCN'�
AA a "mQQ wd 14 Ammie RAW MW ML as arneMe? ccm&n prAilidwsapint dhnm-ni1';,!Yr vn m:
u"'Sisof oll in en-'!-"Ioyonxit DQu Own wusbo A hinbc De mncm hrm vuhAM Tat to Rdifoiis
&=Am Rmmt " Act fRT RA) is rcasonably cativivai on a coocycase bK& in rqlm AM it, 14mg qv=v pumit 10 MaJ
or pmn", VOYY or Nywi; us= me voicobw pnom vow. so to =cin lKi Ln& anti W corumu mvikkAg vLqw!
slaf-" ,vcn it -the s"nwle th"t atitilorizts to 151vig VWMM FUMY MA& con"Ag vNigion 0
Enforcing Civil Rights La" s
fins7cn.11 of to annourg &UwgAw mom, xTel "Uvot
in Bic worl"oc� are njocz in Ox KAGa"ns spox UM=Nl &WAyinn's 14condirgly, OCR Imestlams M*hm %I
,ire thcsubject of disc, iininal-lon c0rujBiiijitt; frot-vi,,.oiliitidividuai!;and gmw In 0"An NMI tirugularctry critc-ria' t-)cRse- !CaS 1
number dimtNts mch year recipients to submi, 3 am mvAirig wm&-
cqnribly to allscggrr—nls of their scr-Oce p"pulatimlares vint !ncir employment prac6(tt; mcef c -quid tn-nplovincrit q!andarj.
Amply " w" Me &I StmM Ad or Piongruni Requirements
in. "CUL. --a I') fficso gcocral pr0ii"hitionv, all organization ,v: -Job is a -)t'riarincir"! as5isnnic: su�j',"l i✓ tll;
AMA and BE §`Nd(a0"%! AWalld",
orara nv%1!woaddtLivl1ai 1) complying ",nit Fcdeml rcgljlriitln.e pertainijig to tae din c!oprnr r, o!'car-
-t nl
TUqnl 0MRyinew Oppoinwhy Nun MEMY N CT 15 t<-3 W 3M vase (j) mHuMg to AN n6inp
" F R. by 42101a or 312OZOt
H Mecting Mc EE0JqUqWmmwt
1p mcwdatme wnh Fakind wguidmL Jussurmwe No. 6 tri Q Itandard Amranca COPS famwwrce No. &B, or cerwin FaQw! gnj!�
pwgmm vy"Menm ymw apnUmon rMA oom" W, to Numn EWP mpse inip"Mos:
11" .u: orgy tixatiatt itis cA,tvecl an, award for S5.001000 cu mom and As 50 or mom alphys wndn 41 IN arc' M" Gle
cniployecs }int excluding 4 As w prepare an EEO? aW vWA A & OM or mmw M&M 0 days Arn the
date ilfthis letter. For assisurice in devehongan EEOP. please wmACTRY whim M h"PwWwQ Utiro VONUM-PhOm NA;
Tyoawprr=u= rccand an awwdbcWemRjN0 and $KANO wthm 50 a ow eWbqm ymoNnivel mn Q11 his W Pl:Par,'
an rOP, ur it docs not have to sncimit the EvDil to OCR for review. Instead, yolii wpai.zation has to 11raintrdil the HOP (,It `ijc arlit
i"kv 1 ovkAble fix macw -in mquest, In addition, your argallivitiol" has to cou"Piem secholl 131 ofthie Cc:mifieaficn l'orru rim! n :o
(XT Th Cc; ti can be AwW at
H'yoUrorganization received un award Coi- less timp. $25,001 a Wpm spAmbn has less An 50 emoclymv riepidion ef Ac amoam of
im =4 U wyour oqw9mon I a Mom hassm wammal institwirin,riunprofit organization or Indian tribe, then your
oiganizatiori is exempt from,, tr.c EFOP reci6romew. However, Now opmadon nwm cmisheSeinihn A onhe AnNatron I'mm arc!
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uS.oepAR7wEmroFJUSnCe
Opr�CEmpJo3TICE PRooex&IS
OFFICE OF TPE CUMPTPOLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT`
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
AND
DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer tothe ragu|adnnocited below iudetermine the certification Lo
which they one required to oUea1. Applicants should also review the instnuo1ionnfor
certification included in the regulations before completing this form, Signature of this
form provides for compliance with certification requirements Linder 28 CFR Part 69,
"New Restrictions on Lobbying" and 28 CFR Part 67, "Govern ment-wid e Debarment
and Suspension (Non -procurement) and Govern merit -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 tc.
award the covered transaction, grant, or cooperative agreement,
1. LOBBYING
As required by Section 1352. Title 31 of the U.S. Code. and implemented at28CFR
Part 69, for pet -sons entering into a grant or cooperative agreement over $100,000, as
defined at28CFR Part 09.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
enemployee ofa Member of Congress in connection with the making of any Federal
grant. the entering into of any cooperative agreement, and the extension, continuation.
nenevvo|.annendment.nrmodifinaUonofenyFed*/o{gnsnto,cooparabveagreemeni,
(b)ifany funds, other than Federal appmpriateci funds have been paid orwill be paid to
any person for influencing mattempting 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. ''Dindonureo/
Lobbying ActiviUee.^inaccordance with its )nstruot)one�
(,c) The undersigned shall require that the language of this certification be incluaed in the
award documents forail subaw:rdsatall tiers (including uubQnards.contracts under
gnsntsandomoponabvnagroements.ondaubcontnocta)anddhataDsub'nycipientsshaU
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 6i', for prospective participants in primary covered transactions_ as defined
at 26 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 er
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 riot 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 rnore 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)l The dangers of drug abuse En the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assiStan ce
programs; and
(4) The pona|haathat may beirn0ooedupon arnp|oyeoyfor drug ebuse
vio|a\mna occurring inthe workplace:
(o) Making itarequirement that each employee 1obeengaged inthe
performance ofthe grant begiven acopy o[the statement required by
paragraph (a):
(d) Notifying the ennp|oyee inthe statement required by paragraph (a) that as
condition ofemployment under the grant, the employee will
(1)/\bida by"he terms ofthe statement and
(2) Notify the employer in writing o/ his or her conviction for violation of 0,
criminal drug statute occurring in the workplace no later than five calendar days
afterouchmonviction;
(o) Notifying the agency, in writing. within 10 calendar days after receiving notice
under subparagraph (d)(2)from mnemployee orotherwise receiving uduui
ncUceofsuch conviction. Employers ofconvicted employees must provide
notice, including position title, 'to:
Department ofJustice
Office cfJustice Programs
ATTN�Control Desk
810 Seventh StneeA, N.VV
Washington, O.C.2O531
Notice shall include the identification numbo/(s)ofeach affected grant.
UD Taking one ofthe following actions, within 30calendar days ofreceiving
notice under subparagraph (d)(3).with respect hoany employee who isso
convicted
(1)Taking appropriate personnel action against such anemployee, uptoand
including terrnination, consistent with the requirements of the RohabiUtaUon Act
of1Q73.aaamended, ur
(2)Requiring such employee toparticipate satisfactorily modrug abuse
assistance or rehabilitation program approved for such purposes by a Federal.
State, or local health, |avv anfnrcernent, orother appropriate agency:
(g) Making good faith effort \ocontinue tomaintain a drug-free workplace
L
6, � tie afantee m:ay msert in the space provided below 'he siteis) for Itne
\`'ork done m cownecliotA with tile, Wt -Clfic tit ant -
of Pet fcrn-ince (Street addil-fess, city' county state, 'Ip cc- el
if there are workplaces on file that are not, identified here
Section (57, t 3O of the regulations provides that a grantee that is a State may _eleck to,
inake one cerlification in each Federal fiscal yeaf. A copy of whi,',h should be inctuded
with each application for Department of Justice funding States and State agencies r) -iv
,3I(,'cf to Lisc., 7,'P Form 4061t7
�—heck if the 1, , tate has elected to complete CJP Form 4061f`7
DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIYID_qALS
yrs iequired by tle Drug -Free 'VVotvplace =ct of 1988, and' 1--i-pierriented at 28 C -F
Sur:
. )partF
,s a Conditvi of the grant. I certify that I will not engage m the U111TVAL11
manufacture. distribution, dispensing, possession. Or use Of a controlled substance i: -
conduct ,m -g any actmty with the grant, and
I
r� If convcted of a criminal drug offense iesuiting f1fom a vioiatton OCCUrtlng dOW10-
-ondUCt of any grant activity, I will report the conviction, in writing, w4hin 10 calendai
(jays of the conviction, t
Department Of JUStICe.
of Justice Prowan's
ATTN Control Desk,
810 Seventh Street. N "Od'
V'Vashington, D 2u53'1,
As the duly authorized representative of the applirant I hereby certify that the appficaw
will CoMply With, the above certifications.
I ";rantee Name and Address
I z ;',,pplicafion Number andlor Project Name
J or Number
�.,,rantee IRSf4 end .
Name ar-ld Yille of Authorized
b Signature
6 Date
C,;, -M 4CC, E, 2 R", 'PiLAC�� S 0JP 106,
PPU ", Gl�;4tvE, jis : et , F-111,11�
'.4� �J E,� i
OMB AI't'Rt1tV".A1 No, , i 1-21-6 140 1
MIRf 06 ;o
S'i NDARD ANS RAN 1' S
!he A1i€2, Want !l::i`: S<?S>tlrc; riali ccrttttes l'otllpll<.3ii.;t' v' ICI ill I a}>pItia1)1C l ecler: St:itUle`i
1)<,lic ti, guidc1incs, amt rcquirerne'nts, IclltdingCAI B C'iscu1ar:; Al 21. A -S ', A-Io2, A - I IE). 1 12 2�-
1 \, t M r 117 2 0ntmymcrnrna% l reE is w of fed eral progrnil.t); ;roil 28 C 1` R. p rN 66, w ?Ia
i�id ntm,traC1te requlretwnw telt' gra-Ms and cagvi-anve agrecrncn 5). The appfacant also Spccificallt
u�nu�e�
and cellifies that
1t E a' the tq'sil authOrlt'v to apply for federal assistanec and the instltu(itlnal, maillll.eriaL arid, fins "..�:1a1
e �:ipai'11i T� t inchiding fund,, sufficient. to pay any tLgats'ed non4ederalshare of project cost.) to
prop i i planning, marlagculant. and completion of he project described in To applic'atain,
I' i1 ill cst: bhsh SafLguards to pr()Inbit cn1plo' Ce:S front USin t'rt it poSttlonS for a pUrpOsc illi:';
i
La57;StlaitC`.
or preSCtlts the (iRwarante of personal or orC7a.lilZ.,i6 mil :on lio of m Ita+t., oI tht mmy :_atti.
A It u L.. gho the a" .lrttlug agerwy or to f1Giwml .Accomitlil,__' Offic'�:?, through anE awhorized
i'eprt'Lcntam C, :jccCSs to and the tight to cxmnine all paper or electronic ri cordJ related to the hnancml
(1'.iisI.,Ir)ce.
-l. It �� ill comply `% it Al 5% NI requirernems imposed by the awarding agency.. specifically including
any applicable regulations, such as 28 C.F.R. pts. 14 21213% 31 X 42, c)1, and 63, and the apt ard tcrtr; in
2 (.f R q 17,1 Qb),
It ti� ill assist the a+aarding agmlcv (if deet :>ary) in assuring compliance with scetion 106 of the
Natufinal tfiwwk Preser) a on Act of N66 ( 4 tJ.`;.C`. § 470n Ex. Order 11593 fidemification and
plolection (tl,historic propertic )_ the Archeological and Historical Presedation Act of' }974 ( P) 1 .S.C.
Moo a 1 <a <; ly and the Nwwrir11 E'nNO mxrelaai Polity Act of 1960 (42 C S.('. 4 -4321).
(1 It va ill comply (,and will require any subgrantces or contractors to comply) %ith any applicable
lunut€trilv'-imposed nond.iscrinnination requirements, which may include the Onlnibus Criane. C'ontroi and
Safe' S icct" Act of 1968 (42 t'.S.0 . ` 3 789dY the Victims ol'Crime Act (42 U.S.(_'.
JuvcniN .1r -RC and lMinqueney P e ention Act of 2002 (42 U.S.(_ 5672(h)); the Cie:il Rights Act of
1e)64 (4-1 t:., C . ` 2E)Md): We RAabilitation:'let of i973 (29 U.S,('. §' 94); the knicricans ,pith
Disabil tic,, Act of' 1990142 U'C S.('.§ 12131-34); the Uducation Amendnam"s (if 1972 (20 USA". „ 168L
1681 M.); 96Y arrul the Age Discrimination ,let at M (42 MK Of 6101071 a 0)
fcgta t) preilc:clli'n OfTe IAWN tot' faith h;"SCd and Comll'.tinlil
6!t)b�2t'tancrlla! crit!
:t i i! t 61 cornplti with the requilornenn cti hu i_: 11iriIi 1(el< `atti??' SiStla]lCf and ;fie.:] } i} ct-,,,
:\+,:qui mons -` Ct. of I ) %(; (-{2 t .fie,(_.§ ME el wgn blh h ?t. iC.y C11t'. t3 `,<2:rr1C'nt of perzom, dt5}71I1C.`U ci-- i
t tccl'Cral and t'Clc:i"111 �`t1S'. ',i.} prog arw'; and
h) it will contply mill recuirenhents of ` 1; S C Q 1tit ' 4 h� } h fill i conain
f s. )1-(t'i dllU ,t 3�4-" t . �� hie �.
Poll!" acto i Wes of Vit. to (w local !. C31'L'tnrt wH crnpw<) "e" who"C principal ernptovn2ent is in connection
with amok by financed in wh;+W or in pals by SM )1 .ssisawc
til=Wali c [J<itc 3�lte
RICH WITH OPPORTUNITY
r
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Charles W. Jeffcoat, Assistant Chief of Police
April 15, 2014
C
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary, specifically a Memorandum
of Understanding agreement with the Department of Veteran
Affairs.
BACKGROUND
The Department of Veteran Affairs currently owns Beaumont Outpatient Clinic in our jurisdiction.
This Memorandum of Understanding would be able to grant the Beaumont Police Department full
rights to exercise law enforcement functions, if needed. Even though the Veteran Affairs' police
officers are highly trained, there may be some situations that still require assistance from our
department. Signing this agreement would maintain a close and professional working relationship
between our departments.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and Department of Veterans Affairs to grant
the Beaumont Police Department full rights to exercise law enforcement functions, if
needed, at Beaumont Outpatient Center located at 3420 Veterans Circle, Beaumont,
Texas. Said Memorandum of Understanding is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
2014
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April,
- Mayor Becky Ames -
DEPARTMENT OF VETERANS AFFAIRS
Michael E. DeBakey
Veterans Affairs Medical Center
2002 Holcombe Blvd.
Houston, Texas 77030
March 6, 2014 In reply refer to: 07B
Chief .lames P. Singletary
Beaumont Police Department
255 College
P.O. Box 3827
Beaumont, Texas 77704
Dear Chief Singletary:
The Department of Veterans Affairs requires VA Police to maintain current written support
agreements with all local law enforcement agencies.
All properties under the control or ownership of the Department of Veterans Affairs, 3420
Veterans Circle, Beaumont, Texas '77707 are under concurrent jurisdiction. This jurisdiction
grants Beaumont Police Department and other Law Enforcement agencies full rights to
exercise law enforcement functions at Beaumont Outpatient Clinic.
For clarity it is imperative that we enter into a memorandum of understanding outlining
agency responsibilities and expectations.
Our VA Police Officers are highly trained, experienced and require minimal need for other
Law Enforcement agencies intervention; however we may still encounter certain situations
that would require your department's assistance.
It is understood that the Beaumont Police Department is the responding agency for our
Beaumont Outpatient Clinic. In an extreme emergency these needs would include, but may
or may not be limited to, the following situations where your department's assistance would
be required:
a. Assist in responding to an armed hostage taking situations that would require an
armed response to assist VA Police Officers in containing the situation until appropriate
federal agencies (such as the Federal Bureau of Investigation - FBI) can respond to assume
control.
b. Assist confirming and executing the arrest of individuals who have outstanding
warrants issued for their arrest by law enforcement agencies and subjects under federal
warrants and other incidents warranting an individual to be physically arrested.
EXHIBIT "A"
c. Assist in the transporting of arrested offenders to the Inmate Processing Center. VA
Police would execute the detention, physical arrest of the subject and complete all
corresponding paperwork.
d. Provide additional Officers when needed to assist with the physical arrest of a
violent/disorderly person(s) who poses a serious threat to patients, visitors, medical staff or
themselves.
Should any VA Police Officer be involved in a shooting, the FBI will be notified
immediately. This agreement establishes inter -agency support for the VA Police to receive
investigative assistance from Tomball Police Department. This assistance may range from
establishing, preserving and controlling the crime scene, to performing as the lead
investigative agency.
If you should have any questions or concerns regarding this matter or any issue, please feel
free to contact me at (713) 794-7455.
We look forward to maintaining a close and professional working relationship with your
department.
Sincerely,
Stan y Staton
Ch' -f of Police
I concur with this agreement:
James Singletary
Date:
11EA,[1M0N*
T - E - X A - $
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 15, 2014 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item No. 1 /Consent
Agenda
* Consent Agenda
WORK SESSION
* Review and discuss the process and ordinance related to the demolition of
residential and commercial structures, and in particular, a proposal to place a lien
on residential properties that are demolished with General Fund monies of the
City of Beaumont
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* As authorized by Section 551.087 of the Government Code, to discuss and
deliberate economic development negotiations regarding a business entity
proposing a hotel and water park development at Ford Park
GENERAL BUSINESS
1. Consider a resolution authorizing the City Manager and the City Attorney to
negotiate an economic development agreement with Jefferson County and/or Pate
Development of Wichita, Kansas related to a proposed hotel and water park
development to be located at Ford Park
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
WORK SESSION
* Review and discuss the process and
ordinance related to the demolition of
residential and commercial structures, and in
particular, a proposal to place a lien on
residential properties that are demolished
with General Fund monies of the City of
Beaumont
11
April 15, 2014
Consider a resolution authorizing the City Manager and the City Attorney to negotiate an
economic development agreement with Jefferson County and/or Pate Development of Wichita,
Kansas related to a proposed hotel and water park development to be located at Ford Park
RICH WITH OPPORTUNITY
[11'CA,11MON �
T• E• X• A• S
TO:
FROM:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
April 15, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
and the City Attorney to negotiate an economic development
agreement with Jefferson County and/or Pate Development
of Wichita, Kansas related to a proposed hotel and waterpark
development to be located at Ford Park.
BACKGROUND
Jefferson County has been working with Pate Development of Wichita, Kansas on a proposed
full-service hotel and waterpark to be located at Ford Park. Jefferson County is planning to
consider approving economic development incentives for the proposed project on April 14, 2014.
The City Council will hold an Executive Session on April 15, 2014 to discuss and deliberate
economic development negotiations regarding the proposed project. If the City Council desires,
they may consider this action item after the Executive Session and may discuss various parameters
to be met by Pate Development and/or Jefferson County if specific economic development
incentives are to be offered by the City of Beaumont.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager and City Attorney be and they are hereby authorized to negotiate
an Economic Development Agreement between the City of Beaumont and/or Jefferson
County and/or Pate Development, of Wichita, Kansas, related to a proposed hotel and
waterpark development to be located at Ford Park.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April,
- Mayor Becky Ames -