HomeMy WebLinkAboutRES 14-078RESOLUTION NO. 14-078
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,
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."
SI?CTION 1. PU12POSF. OT 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
knowledbe, 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 Ole 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 Ilepartment of Justice, Office of Justice
Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement
for Award Number 2012-MC-FX-KO47. 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.
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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 REPORT'S
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.
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4.1.4 Standards for financial and Programmatic Management. GRANTEE and its
governing body shall bear full and sole responsibility for the integrity of the fiscal and
programmatic management of the organization including financial and programmatic policies
and procedures.
Such fiscal and programmatic management shall include accountability for all funds and
materials received from the OAG; compliance with OAG rules, policies and procedures, and
applicable federal and state laws and regulations; and correction of fiscal and program
deficiencies identified through self-evaluation and/or the OAG's monitoring processes.
Ignorance of any contract provisions or other requirements referenced in this contract shall not
constitute a defense or basis for waiving or failing to comply with such provisions or
requirements.
GRANTEE shall develop, implement, and maintain appropriate financial management and
control systems, which include budgets that adequately reflect all functions and resources
necessary to carry out authorized activities and the adequate determination of costs, accurate and
complete payroll, accounting, and financial reporting records; cost source documentation;
effective internal and budgetary controls; allocation of costs; and timely and appropriate audits
and resolution of any findings and applicable 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. 'Phis 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
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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 l orce 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
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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.
b. 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
4.31 Grant Budgets. With regard to the use of funds pursuant to this contract, GRAN'T'EE.,
will immediately review the annual budget as established in this contract.
4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant fiends are
paid ort 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
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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
(20i1') of each month, or if the 20"' falls on a weekend or holiday, the next business day. The
OAG will make all reasonable efforts to promptly process and make payments on properly
completed billings. GRANTEE may submit a final invoice not later than the earlier of (1) forty-
five (45) calendar days after 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
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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. GRAN`T'EE
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.
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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 retraining 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 terns, 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
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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.
1.4 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, docurnents, 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 Conti pct — Beaumont Police Department 1449354
Nage 9 or 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 locations) of GRANTEE's operations during GRANTEE's normal business
horns. 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 S SUBMISSION OF INFORMATION TO Tim, 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 andi'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-Gt•ants@texasattot•neygeneral.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
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3,age 10 ur 18
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-Grantsotexasattorneygenera 1.gov
SECTION 9 CORRECTIVr, 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
GRANTI?E oil 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,
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reducing finding, 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. GRANhEE 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 Cono act — 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 Dcpannient 1449354
Page 13 of'] 8
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 fielded 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— Bearunont Pol ice Department 1449354
Page 14 of 18
11.9 Governing Law; Venue. This contract is made and entered into in the State of 'Texas.
This contract and all disputes arising out of or relating thereto shall be governed by the laws of
the State of Texas, without regard to any otherwise applicable conflict of law rules or
requirements.
Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit,
litigation or other proceeding (collectively "litigation") arising out of or in any way relating to
this contract shall be commenced exclusively in the Travis County District Court or the United
States District Court in the Western District, Austin Division, and to the extent allowed by law,
hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for
the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and
agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or
proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-
named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the
venue is improper.
11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic
Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing
Children's Assistance."
11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a
Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a
member of the Internet Crines 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 l 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 Depanonent 1449354
Page i 5 of Is
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 Suinecipient Grant Contract — Beaumont Police Depamnent 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
SO
Travel
$1,024
Equipment
$0
Supplies
$11,179
Other Direct Operating Expenses
$1,995
Total
514,198
ECAC Sobrecipient Grant Contract -Beaumont Police Depailinent 1449354
Page 17 or IS
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-KO47, 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.
Y Six (6) pages.
ICAC Subrecipient Grant Contract — Beaumont Police Dcpanmenl 1449354
Page 19 of 19
OP P010i 4000/2. (RF:V. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
011' FORM 4000!2 (REV, 11,
--
--- _
_ Dep11'131'1CRt Of Ntice
r
Office ofhstice Programs
i
g t:
�• Office of'Juvenfle.}ustice and
Cooperative Agreement
PAGIi I OF 7
w
})efinc}uerlcy Prevention
I. RGCIP[ENT NAME AND ADDRESS (Including Zip 0x11)
.1. AIVARD NUMGGR • 2012 ,MC•PX-K047
Texas Offtec ofthc Attorney General
PO Box 12548
S. 11ROILCI' PCRIOG: FROM 717/01/2012 TO 061302014
Attstia, TX 78711.2548
"
-
BUDGF1'PGRIOD: FROM 07/()313012 TO 06/30/2011
6. AWARD DATL 091162013 7, ACTION
-._........... __T-`---.-------------
---------'IA. GRAN'17?E IRSJVENDOR NO.
IA.
S. SUitNhlbiv7GNT NUA9p1eR Siipplemeulnl
74G(w0057
UI i
-----
9.PRGVIOUSAWARD AMOUNT —_--------5428,311
3,1'ROJL'CT"1'frLE
IO.AMOUN"rOF'I•IiisAWARD --_--- $'491.313 i
Terns Off= of (heAliontey Gene:nl Southern ICAC Task Force
1 i . "I'O fA L A WA Ri,) $ 919,624
12, SPFCIAI, CONDITIONS
THL• ABOVE GRAN"• mtom-, T IS APPROVrl) SUBJFCT I'O SUCH CONDITIONS OR LIMITATIONS AS .ARG SEF FORT610N TITE
ATTACHED PAGE(S). "
13, S'I'A*I'U'TORY AU'rill)ltfl'Y FOR GRANS' -
•Phis ltrgicci is supported varier FY13{OIJDP ICAC TF) Pub. L. No, IIS -6; t 27 Sta. 199,256 -
i 15. M1.9'1dOD 01' PAYMFN'I' --
iJPRS i
i
—'—_.^•�.. AGI3NCYAPPROVAI. -----------
----- LGRANTHGAC'.CUll'ANCII
t6.T1'PL'D NAh•SF ANI)'ft'rLE OF API'ROV1NG t7F'FICIAh
I8.'FYI'ED NAM ANDTITLE, OF AUTI IORILED GRANTEE OPFICiA I.
i
Karo) Virginia Mayou
Daniel lindge
&sisinfii Aconny Genci"al
First Asnlstnat Atiumey Gcncml
17.SIG-NNA�TOREOI'AP'PJROVI/NGG}OFFICIAL
19. SIGNATURE 017AOTHOR1ZEDRECIPIENTOFFICIAL
19A. DATE
AGENCY UY-1 ONLY
20. ACCOUNTING CLASSIFICATION CODES
21, LMCIT0,0164
:'ISCALYFUNDC BUD,A OFC. D(V.RB SUll POMS AMOUNT
GAR 01)0 CT.
x r MC 70 00 (0 491317
i
j
OP P010i 4000/2. (RF:V. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
011' FORM 4000!2 (REV, 11,
^'"
DepnrimenrofJusticc
r
Office of Justice Progrluns
Office of Juvenile Justice and
i•
Delinquency Prevention
AWARD
CONTINUA'TIONSI-Ih,ET
Cooperative Ant'eeInent
I'ROJECTNUNIM:R 2012-MC-FX-KQ.17 - A1t4l6DDATE a9/1612013
SPECIAL CONDITIONS
PAGE 2 DP 7
1. The recipient agrees to comply will the financial and administtaLive requirements set forth in the current edition of the
Office of Justice Programs (01P) Financial Guidc.
2. The recipient acknowledges drat failure to submit an acceptable Equal Employmcnt Opportunity Plan (if recipient is
required to submit one pursuant to 29 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result iu suspension or termination of funding, until such tine as the
meipient is in compliance.
3. TI)o recipient agrees to compty with tate organizational audit requirements of OMB Circular -A-133, Audits of States,
Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if rmy) from OMB Circular A-133 nudity (incl
any other audits of OJP grant funds) are not satisfactorily and promptly addivssed, as further described in the current
edition of the OJP Financial Guide.
4. Recipient nndetslunds and agrees that it cannot use any federnl funis, either directly or indirectly, is support of the
enactment, repeal, modification or adoption orally law, regulation or policy, at any level ofgovermnent, wirliout the
expross prior written approval of O.IP.
5. 'File recipient must promptly refor to the DOJ 016 any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractal or other person has either 1) submitted a false claint'J'or grim funds tinder the Fulsc Ciaims,
Act; Or 2) committed it 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 subrecipicrtts. Potential frond, waste,
tibnse, ar misconduct should he reported to the OIG by -
Olml:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
c-maih oig.hoti rie(alusdoj.gov
hot Iine: (contact information in English and Spanish): (8 00) 869-4499
or laotlinc fax: (202) 616-9881
Additional iniblination is available f.•'om the DOJ OIG website at www.as(loi.gov/oig.
6. Recipient understands and agrees that it cannot nsc any federal funds, either directly or indirectly, in support ofany
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 Wray be imposed during the grant perforuratnce
period ifthe agency determines that the recipient is ahigh-risk grantee. Cf 28 C.F.R, parts 66, 70.
2m
OR F01013 4000/1(REv. 4.88)
'421i�15F
PRO313CTNUIN113ER 2612 -MC -FX -047
AWARD
CONTIN UA"I'IONSI JI;GT
Cooperative Agreement
AWARD DATE 0911612013
SPLOAL COND1770
8. The recipielit agrees to comply with applicable requirements regarding registration with the System for Aware!
Management (SAM) (or with a successor goveniment-wide system officially designated by ON11B and O.1P). The
recipient also agrees to comply with applienbJe hz:strictions oil subawards to first-tier snbrecipients that do not acquire
aid provide a Data Universal Numbering System (DUNS) number. The details of Iecipient obligations are posted on
the Dffice of Justice Programs web site at htyl:/ht uvw.ojp,gnv/fundinglsam.htm (Award condition: Registration with the
System for A.wartl Management and Universal Identifier Requiremems), and arc Incorporated by reference here. '['his
special condition does not apply to an award to an individual who received the award as a natnrnl person (i,c., unrelated
to any business or non-profit organization that lie 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 er1cournges recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course ofperforminb work funded by this
grant, and to establish workplace safety pot ioies and conduct education, awareness, and other outreach to decrease
crushes caused by distracted drivers.
10. The recipient agrees to comply with all applicable laws, regulations, Policies, and guidance (inchiding specific cost
limits, prior approval and reporting requirements, where applicable) governing Clio use of federal foods for oxpenses
related to conferences, meetings, trainings, and older events, including the provision of foorl and/or beverages at such
events, and costs of attendance at such events. Information on pertinent 4-PYS, regulations, policies, and guidance is
avnilabic alt www.ojp,gov/fundinglconfcost.hlm.
11, The recipient understands and agrees that any training or training materials developed or delivered with funding
provided larder this award must adhere to the OJP Training Guiding.11rincinles for Grantees and Sttbgranwvs, available
at littp:// www.ojp.uscloj.gov/fulnclilig/ojl)tttiininggui(lingprinciples.11ttii.
i2- ']'lie i caipieut agruss that if it currently has an open award of' lederad funds or if it teveives an award of Federal funds
other than this OJP award, and those award hunts have been, are being, or are to be used, in whole or in part, for one or
more of the identical cost items for which funds arc being provided under this OJP award, the recipient will promptly
notify, in writing, the grant manaUer for this OF award, and, if so requested by OJP, seek a budget -modification or,
change -of pl�iect-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
13. ':i he recipient understands and agrees that award funds may not be used to discrimhtate ngainst or denigrate the
religious or moral beliefs of students who participate in programs for which financial assistance is provided from ihosc
funds, or of the parents or legal guardians of such students.
14. The recipient understands and agrees that - (a) No award funds may be Mused to maintain or establish it computer
netwoi"k Unless such actwoik blocks the viewing, downloading, and oxclimiging of pornography, and (b) Nothing in
subsection (a) limits lite use of finds necessary for tiny Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or adjudication activities.
15. Prior to Ilic expenditure of confidential funds,1110 recipient and any subrecipients agree to sign a certification indicating
Clat be or site las r(lnd, urtdelslands, and agrees to nbide by till of ale conditions pertaining to confidential fund
expenditures as set foal in the 0)? Financial Guide.
01PF0R 14000/3;REV.4-a5)
Depe'tllIellt of Justice,
Office of.lustice Programs
Office oI .Juvenile Justice and
Delinquency Prevention
PRO313CTNUIN113ER 2612 -MC -FX -047
AWARD
CONTIN UA"I'IONSI JI;GT
Cooperative Agreement
AWARD DATE 0911612013
SPLOAL COND1770
8. The recipielit agrees to comply with applicable requirements regarding registration with the System for Aware!
Management (SAM) (or with a successor goveniment-wide system officially designated by ON11B and O.1P). The
recipient also agrees to comply with applienbJe hz:strictions oil subawards to first-tier snbrecipients that do not acquire
aid provide a Data Universal Numbering System (DUNS) number. The details of Iecipient obligations are posted on
the Dffice of Justice Programs web site at htyl:/ht uvw.ojp,gnv/fundinglsam.htm (Award condition: Registration with the
System for A.wartl Management and Universal Identifier Requiremems), and arc Incorporated by reference here. '['his
special condition does not apply to an award to an individual who received the award as a natnrnl person (i,c., unrelated
to any business or non-profit organization that lie 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 er1cournges recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course ofperforminb work funded by this
grant, and to establish workplace safety pot ioies and conduct education, awareness, and other outreach to decrease
crushes caused by distracted drivers.
10. The recipient agrees to comply with all applicable laws, regulations, Policies, and guidance (inchiding specific cost
limits, prior approval and reporting requirements, where applicable) governing Clio use of federal foods for oxpenses
related to conferences, meetings, trainings, and older events, including the provision of foorl and/or beverages at such
events, and costs of attendance at such events. Information on pertinent 4-PYS, regulations, policies, and guidance is
avnilabic alt www.ojp,gov/fundinglconfcost.hlm.
11, The recipient understands and agrees that any training or training materials developed or delivered with funding
provided larder this award must adhere to the OJP Training Guiding.11rincinles for Grantees and Sttbgranwvs, available
at littp:// www.ojp.uscloj.gov/fulnclilig/ojl)tttiininggui(lingprinciples.11ttii.
i2- ']'lie i caipieut agruss that if it currently has an open award of' lederad funds or if it teveives an award of Federal funds
other than this OJP award, and those award hunts have been, are being, or are to be used, in whole or in part, for one or
more of the identical cost items for which funds arc being provided under this OJP award, the recipient will promptly
notify, in writing, the grant manaUer for this OF award, and, if so requested by OJP, seek a budget -modification or,
change -of pl�iect-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
13. ':i he recipient understands and agrees that award funds may not be used to discrimhtate ngainst or denigrate the
religious or moral beliefs of students who participate in programs for which financial assistance is provided from ihosc
funds, or of the parents or legal guardians of such students.
14. The recipient understands and agrees that - (a) No award funds may be Mused to maintain or establish it computer
netwoi"k Unless such actwoik blocks the viewing, downloading, and oxclimiging of pornography, and (b) Nothing in
subsection (a) limits lite use of finds necessary for tiny Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or adjudication activities.
15. Prior to Ilic expenditure of confidential funds,1110 recipient and any subrecipients agree to sign a certification indicating
Clat be or site las r(lnd, urtdelslands, and agrees to nbide by till of ale conditions pertaining to confidential fund
expenditures as set foal in the 0)? Financial Guide.
01PF0R 14000/3;REV.4-a5)
��"' ;` 17epartmentoi'Justicc
Office of Justice Programs
.' ,• Office of Juvenile Justice and
Delinquency Pi-evet>tion
4 J�
AWARD
CONUNTIATIONSTIEET
Cooperative Agreertlertt
I PROJGCTNtAtnE4R 2.0124AC-1--x-1047 AtvARD DATr 091161201.
PA<)f: a OF 1
SPE'C111L COjVD]rIOAs
Ib. The recipient agrees to comply with applicable requutnuenls to report first-tier subawards ofS25,000 or more and, in
certain circumstances, to report the names and total compensation of the five most highly compensated exceutives of
the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obligations, wllich derive from the Federal Funding Accountability
and Transparency Act of 2006 (FF'ATA), are posted on the Office of Justice Programs web site at
htq)://w+vw.o•Il>.gov/funding/ffattk.litm (Award condition: Reporting Subnwurds and L-;xecutivc Compensation), and arc
incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to
an individual who received the award as a natural person (i.e., onrelated to ally business Or 11011-proilt 01'ganivatfon tl}at
11e or she may own or operate ill his or her name),
17. With respect to this award, federal finds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the lim'dw lm annual salary payable to a member of the
federal government's Senior Executive Service (SES) at an agency with it Certified SES Performance Appraisal System
for dun year. (An award recipient may compensate an employee at n higher mic, provided the arllotlalt in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived oil an individual basis at the
discretion of the OF official indicated in the program announcement under which this award is made.
r
0117 FORM 400012 (REV.4-SS)
Deportment of Justice
Office of,fustice Programs AWARD
It Office of Juvenile Justice and CONTINUA'TIONSHEET PAGE s Or 7
Delinquency Prevention Cooperative Agreement.
VR(MiC'rNUt`il3H3i 2012-MCt-X-Ka47 AWARD DATE 0911W?n13 ^�
SPECIAL CONDITIONS
18. Within 45 calandat clays after ilia and of any conference, hireling, relrem, seminar, symposium, training activity, or
similar event funded cider this award, and the total cost of which exceeds.$20,000 in award finds, the recipient must
provide the program manager with the following information and itemized costs:
i) Imme of event;
2) event dates;
3) Ineation of event;
41) number of federal attendees;
5) number of non-federal attendees;
6) cosis cf event space, including rooms far break-out sessions;
"i) costs of audio visual services;
H) other equipment costs (e.g., computer fees, telephone Fees);
9) costs of printing and distribution;
f 0) costs of meals provided during the event;
1 t) costs of refreshlocnts provided during the event;
12) costs of event planner;
13) costs of event facilitators; and
14) any other costs associated with the event.
The recipient ntus7: also itemize and report any ofthe fat€owing attendee (including participants, presenters, speakers)
costs that aro paid or reimbursed with cooperative agreement funds:
I) mcals mid incidcmal expenses (tvt&IE portion of par (liem);
2) lodging;
31 transportation to/from event location {e.g., common carrier, Privately Owned Vehicle (POV)); And,
4) Incai trsmsportal ion (c.g., rental car, POV) at event location.
Note that if any item is paid for with registration lees, or any other n011-11warci funding, thea that porlion of the expense
does not need to be reported.
Furlher instructions regarding the submission of this lain, and how to determine costs, are available at
www.ojp.gov/fliiidiiig/califcost.litill,
om rt.IRM 40ctu= (lWV; 4-sa)
:y Depar(ment of Justice
r/ Office of Justice Programs AWARD
` IONSF1.l FT PAGE 111 lir �t
Office of Juvenile Justice and CONTINUA
Delinquency Prevention Cooperative Agreement
'ROJEM' auMnca 2012-NIC-1"x-rct47 Awnim nATY, ovn4d2013
SPECUL C'ONDI'TIONS
19. Approval of this aw rd does not indicnic appruvtrl ai'any cousulfant rate in excess of$450 per day. A detailed
justification nuns[ be submitted to and approved by the Office oCJList ice Programs (03P) program 0Mcc prior to
obligation or expenditure of suelt funds.
20. The Office oDinvenile Justice and Delinquency Prevention lips elected to enter into a Cooperative Agreement rather
than a grant with the recipient. This decision reflects the mutual interest of (lie recipient and O3JDP in the operation of
the project as well as the anticipated level of Federal involvement in [itis project. O.IMP's participatory role in the
pr'oieet is as follows:
a. Review kind approve major work plans, iooludillg chtulpes ro such plans, and key decisions pertaining to project
operations.
b. Review and approve major in'oject gonerated documents and materials used in the provision of project services.
Provide guidance in significont project planning uicclings, and participate in project sponsored training events 01'
conferences.
2l. , The Project Director and key program personnel designated in tho application shall be replacer] only for compelling
reasons, Successors to key personnel must be approved, and such approval is contingent apon sabraission of
appropriate infonitntion, including, but not lilnitcd to, a resume. OJP will not unreasonably withhold approval.
Changes in other program personnel require only notification to OJI, and submission of resumes, unless otherwise
designated in the award document.
22. The recipient agrees that it will submit quarterly financial status reports'to 0.111 on -lime (at httpsaigranis.ojp,usdgj.Lov}
using the SF 425 Federal Financial Report form (availuble for viewing ut
vw+v.whileltause.gav/antb/grants/standard formsJfP mport.pdf), not later than 30 days after the end of Inch calendar
quarter. The final report shall be submitted not later, than 90 clays following the end of the award period.
23. ]'lie recipient shall submit. semiannual progress repcnfs. Progress reports shall be submitted within 30 clays after the enc
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 littps:/Igrants.oji).tisdoj.gov/.
24. The recipient agrecs to submit a final report at the end ofthis award documenting all rclevant project activities during
the entire period of suppurt under this award. This report will include detailed information about the project(s) funded,
including, but. not limited to, information about how the funds were actuahy used for each purpose area, data to support
statements of progress, and data concerning individual results and outcoutes of funcled projects reflecting project
successes and impacts. The final report is due 1110 later than 90 days following the close of this award period or tine
expiration of tiny extension periods. This report will be submitted to the Office of.hrstice Progi.a:ns, on-line through
fir Internet at 1ltlps://grants.ojp.trsdoj.go+=/.
ON FORM 40OV2 (RI';N.4-Us)
DepaitmentofJostice
� Office of Justice Programs AWARD
Office of Juvenile Justice and CONTINUATTONSHEET PAGE 7 OF 7
Delinquency Prevention Cooperative Agreement
. PROJECTNUMBE-1Z 2017. -ML: -FX -K047 AWARD DATE 09/16/2013
SPMAL CONDITIONS
25. ICAC Annual Reports
The recipient agrees to submit annual reports to O,iP that set forth the following:
(A) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and
forensic slncialists dedicated to investigating and prosecuting Internet crimes against children.
(I3) Investigation and prosecution performance measures of the task force, including --
(i) the number of investigations initiated related to Intentet crimes against children;
(ii) the number of arrests related to Internet crimes against children; and
(iii) tine number ofprosecutions for Internet crimes against children, including --
(1) whether 111e prosecution resulted in a conviction Iia• such crime; and
(I1) lite sentence and ilia statutory inUimttrn for such crime under State law.
(C) The number of referrals made by the task force to the United States Atto neys office, including whether the ieferral
was accepted by ilia United States Attorney.
(D) Statistics that account For the disposition of il:vestigations that (to not result in arrests of prosecutions, such as
referrals to other law enforcement.
(E) The number of investigative technical assistance sessions that the task force provided to notrrncmber law
enforcement agencies.
(F) The number of canputer forensic examinations that ilia task force completed.
(G) The irnniber of law enforcement agencies par6oipating in hltoind crimes against children program standards
established by ilia task force.
2G. The recipient agrees to forward reports of ICAC Task Corcc Program Moniltly Performance Measures to the 0JJDI'-
designated site.
27. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational unci Investigative Standards
28, "Phe recipient acknowledges that the Office of Justice, Programs (0311) reserves a royalty -fico, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in
connection with derivative works), for Federal purposes: (i ) any work subject to copyright developed ander an award
Or subaward; and (2) any rights of copyright to which a recipient or Subrecipient purchases ownership with Federal
. nUppol1:
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first
produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such
data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (.FAR) provision 52.227-
14 (Righ(s in Data - General).
It is the responsibility offhe recipient (and efeach subrecipicnt, ifapplicable) to cnsure ttiatthis condition is included
ill any Sllbaward Under this alt'ard.
The recipient has ilia responsibility to obtain Front subrecipialts, conunctors, and subcontractors (if any) all rights and
data accessary to fulfill the recipienl's obligations to the Government uncle- this award. Ira proposed subrecipicnt,
contractor, or subcontractor refuses to accept terms aff'oroim; the Govermneul such rights, ilia recipient shall promptly
bring such refusal to ilia ationtion of the 0,01 program atanaber For the award aott not proceed with the agrecmcnt in
question without further authorization from the 0311 program office.
29, The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Ofcer (OCF(D) has
approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special
condition.
0E, FORNI 40n012 (fz iv.: -SS)
Department of Justice
Office of Justice ]:programs
7-<,,;,•rry� O�Jice q/J�nlenile Justice andTJnlinyuene PYU'VCWi07J
ffakhinglen. D.C. 20J
Memorandum To: Official Grant Tile
From: Lou Ann Holland, Program Manager
Subject: Categorical Exclusion for Texas Office of the Attorney General
The recipient agrees to assist OJJDP to comply with the National. Environmental Policy Act (NEPA) and outer
relates[ federal environmental impact analyses requirements in the use of these grant funds either directly by the
iccipient or by a subrecipicat. Accordingly, prior to obligating grant fiuuls, 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
tinther NEPA implementation guidance. Recipient understands that this special condition applies to its activities
whether or not they are being specifically full dod with these ,rant funds. That is, as long as the activity is behi;,
conducted by the recipient, a subrecipient, or any third party and the, activity needs to be undertaken in order to use
these grant fluids, this special condition mast first be met. Tito activities covered by this special condition are: a.
new construction; b. minor renovation or remodeling of a ;property either; (J.) listed on or eligible for listing on the
National Register of Historic Places or; (2) located within a 100 -year flood plain; c. a renovation, lease, or any
other proposed use of a building or facility that will either; (1) result in a change in its basic prior use or; (2)
significantly change its size and; d. Implementation of a new program involving the use of chemicals other than
chemicals that are; (1) purchased as in incidental component of a firudecl activity and; (2) traditionally used, for
example, in office, household, recreational, or education environments.
I` Dcpattmcni of'lusticc GRANT MANAGER'S MEMORANDUM, PT. 1:
DfEiccnl'hlslimPrognitts
PROJECT SUMI MARY
1� € Offttcc of luvcnilc Justice and
c„�r app Delinquency Prevention Cooperative Agreement
s....... ....... --
' xG PROJECT NUMBER
YAG,: OF 1
2.012-MC-FX-K047
"Phis project is supported ander FY13(O.UDP ICAC TF) Pub, i„ No. 113-6; 127 Slat. 195, 256
j 1
I i
STAFF CONTTACT (Natno & telephone number) 2. PROIECI' DIRBCI'OR (None, address K telephone nmnt,cr)
Scott Pesuidyo Scott I-lcnry-Valla
(202) 514-5655 OAG Cranes Coordiraror
PO Box 12548
Austin, TX 78711.2548
(512) 9361.2186
3r1. TITLE OF TIM PROGRAM--�----- — — — —' — ----
3b. PDMS CODU (SIZE INSTRUCTIONS
ON R13vERSI )
O'JDP PY 13 lata,tcl Crimes Agnimi. Children l'nsk Force luvitcd Awards
,I. TITLE OF PROJECT
Texas Olticc of the Attonlcy Gmul-al Small,= ICAC Task Force
i
5. NAME - ADDRESS Or GRANTEE G. NAME"• & ADRESS OF SUBGRANTEI3
i
Texas Office of 111c Allorvey General
110 Box 1254E
Austin, TX 78711-2545
7. PROGRAM PERIOD
R. BUDGE? PERIOD
FROM: 07101/2012 TO: 06130/2014
FROM: 07/0112012 10: 06/30/7.01-1
__.__..._......_._.._....._..L_._..._...__.__.._..---- -------- ._.._..._........ ___..___.._._._.___._..._.__.... ....
9. ARIGLJNT 01% AWARD
... —_---.__...
i(j. DATE OF AWARD
S491,313
09/1 G/3013
L
11, SECOND YEAR'S BUDGET
1
7
12, SECOND YEAR'S BUDOPT AMOUNT
`--_�—_�--
13. THIRD YEAR'S BUDGET 111711I01)
14.11mD YBAR'S'3UDGLIT AMOUNT
�15. SUNINIARY DESCRIPTION 01' PROJECT (Scc instruction on rovclse)
Pursutull to SCetion 104 of the PROTRCT Our Citildrot Act or2008. Ills ICAC Task }'orcc shad 1) coiWsl of Sialic and local invwigma s, prosecutors, forensic
xpcclabs1s, 411d cducutloll spceaallsls who u1L' dedicated to 1lddresslnp the Souls of Illc task force; 2) eng.ago in prr naivc inveStibation s, lol'cllslc examinations, and
effectiva proseeillions 131 Inw! net Crimes against childwit; 3) provide foreltsic, plevoltivc, stud invc5lipllvc assis1allcc lc I)ANIlls, cdllearor, pttlscclool's, fiw
cllforcetllelil, and others conccrllod will Interact crimes against children; 4) develop nlaitijurisiliclionul, aluhiagcticy responses and p ain1Crships to Intomcl cl' mcs
'., n,,aillst Clnldivil orJCnscs through ongoing ItlfOnllallallal. ItdlllinlsltatlVC, Ind tecllnoluglcal support to elhe,, State and lout law ellforcelllenl age'neics, m a mums for
Stich attencief to acquil'c the ncecssllry knowledge, petsonnel, and spceialiZC(I etivillnlcot to investigate and pl'rlseculc Ouch ofibascs; 5) participate in nationally
ceo'dinaled investigations In any ease in which the Atlorney General dela nlioes such parlicipalion to be neceslinty, as pernlli ed by t11C. available resoll'cc elf such
Task force; 6) cslabiish or ndopt invesligalive and prosecution slandnrds consiment will norms, to which such task force shall comply; 7) invemipic, and seek
Immeculiol un, tips rclaled io Internet crimes against children, including tips front Opciatiun Puirpluy, the Hatiolul Intemot CI'imca Aguinst Childrol Dula 5ystcIll,
OJP FORM 4I30M2 (REV. 4-88)
the Nritionnl Canter for Missing and Expluiled C'hildron's CyberTiplinc, ICAC tusk romcs, mud alba, f adoral, State, and local ngcncies, with priority being givmi to
iavestigatc Icads ilia( indicnic possibility of identifying or rescuing child victims, including investigative Iends that iodicale a likelihood of'seriousness of OiTensc or
dnngornnsncss to the community; S) dcvclop procedures i'or, hmidling seized ovidonc; 9) naiutaht repots required by OJJDP mid other mports and records its
dcicrminCd by ilia Attorney GUI -1111; and 10) sock to comply with national standnrdc regading the fimstigatit» i and prmccirtion of ljautuct cl'inivs Lgvinsl chddica,
us set forte by the Attorney Cinoral, to Uro extent suck standards we consistent with the Inv of 1110 Slate where the task force is locnlcd.
Thc'i'exas Or icc of tln Altunrey Genorai (OAG) recognizes the impur(nnce of expatiating the capacity of Iiia Texas OAO Inlama Crimes Against Childi'on (ICAQ
Task Force. As n cesutr, using OJJDP rands, die Tcxns Orficu orthe Atloncy Geneml hill be awarding severnf sub•nvards to law cnlbrvenwm affiliate apicics.
'these sub•mwird, will alluw Ilio iudividunt inw uIlrarcwuicnt agencies to determine their oiwi equipntmn and trninieg priorities. to addition, the task (orae will
coallnuc tO support one hivcstigaternnd two Forensic Examiner:;. This invard wi;l uleo allow the OAG ICAC to increase their invostigatory and computer forensic
cnpnbililics by ptachasiag nuntitors mid hardware to support opeintions.
NCA/cf•
.1V J
D q)artill clxt of Justice,
ti 3�.1 � Qi'firt: oi`!�tsfice Programs
'���'•� Uff;Cc t2>r (�ivi! 1Zihht:S
Se.ouar,har 1.t,20i 1
\I,. J' awticl HuJgc
'texas t Oke ofthc Altora,ey GcncMI
PC Box 12M,Y
Aosdn, Ts: %3711-2548
I)�ar Nlr. F12+rigc:
Congratulations till your recent awani. Tn estni>liching financial assistance proyr<ms, Congress linked the receipt "Fekml Rutdinb to
compliance %vith 1R:deral civil rif3ltts facts. The Office Cor Civil Rights (OCR), Oaice of Justice P;fjgiints {OJP), U.S. Dzpiimncnt of Jitske
IS respon:;lbla for dn,K, fhat reOlplC , Ol•fttit v, W A, WM IIS' CmIlmm Oflka and smin 5, fin: t)Mw an lrinleme AgAwl
4Vc,mcn (OVW), and the Office ofCommunity Oricatcd Policing ScrVice"s ((:OPS) comply with applicable Fedcv;d civil righis s(Mutes anti
)u;u!ativus. We m OCR ore avttiit+bis to help ,you and your wgnniratior: rr,eet tiw CM1 tiglrs reqs reticent;: Hest none with lusut.e
Dcp arnam %ding,
is w&j Access to RdmIQ .Assisted Programs
As Von know, Federal taws proiaibit rcci!>ivtits of 43nanciil aszisuwcc iiun, discriminating ors the basi:t of rocs, cc+lw•, naticuti+i origin.
religion, sex, or disability in funded programs or activities, not only in respect to cmpluymelit practices colt also in the delivery of service; of
benefits, facial it,w also pvohibils ftmded programs m activities punt discriminating on the basis of age- in A doii,-t rp of sr_rvices or
hawfns.
1`ravidittg Services to Limited English PrnticlereN (LFP) i,ttiivicittals
in nccordalwe,vith Ekpartnaent olIrustioe +guidance pertaining W Title T of tits C:iM MOM Act cr1 i9tK Q U.SK j WWI recipients .r?
I'cd¢r it lfnanciat assistanec const tahe rmi+sonahle steps to provide mulningtid accr:ss In titch programs and activities for persons with iinWeci
!roguish proficiency (1,1:10. For more b om anon an the civil wpm reslxwsihilities MM recipiems lune in Ftr"Wng language services to
IAT indivicuats, plca5o se cite website at httP:lf%'1wW lep.Lov.
tsusuriug Lqual'Preatinett for Faitlt-Biked Orgruttrations
The fJepart;oma of lusiice las ptltlishud it rel3ulation spccifi Wj pertaining w da; 5urding of lfailloWuni organizations. In gat: 1, Me
rcgulntioo, pn,ticip,ion in Jttstire Dellartn oro Programs by Rch&w oWniza'.iotte; Providing for Egmd Tma<ucm of all .ltistice
Ut:parltt,ent Program Patiicipants, and known as the LquaI T-Iltment Rogoladon 28 C.F.R. Part 3$, rcrptims Stmt Admithoubg Agee cies
to u-eai thr;se, wganizatiotns the same as any Usher appkant a racipieui. The rtigulA" prohibits Sunt Administc bgAgeucie. AM rnaM,
a waM or grmu Aninistralion de Wwz m the basis dm orgamhatAN r' 1f ious dalllmr a slliliatirnt, religious attarm or ti;c religious
romposilion of its i7usrd of dircctkwil.
;%re,;AjAn aF.o pwfibits ARL mcd or„anizailms from asin fi,:;uteir,l s5:;istancc frOm titsLtepa:a,terrtof,hrslicc la fund inhetcaliy
religiousanti:iti;;;. wbi1e50s-hMA orf anAK ns vo et,gne in non-Ilnwd inRcroatly Qthas activstic,, they mus t;c hc.!c'. ec-pitratciy
fair. tl,t; Department or.lusticc ILatied pnogr:un, :end cuaowets or brae&ciatics cauuiot be contpeljal to patticipate in 8,cm. Tlic Equal
7le,tntont 12cguiouon also MAW clear tint: w'l utimsts ptutiaipatingt in praynlms funded by thr. llepat'hncnt of 3ustire arc not purmilted io
�liseriminatc in tln- psnyrsion of selvines on the basis of a ban hciarys mytoa. For we e nilhmmlon on Me sp_u€aeon, t5tse sec C)CWS
website, zl hupralu w:v.ujp.tsugj.tgavioctlettvo.linu,
Vve Admiaiste;ing Agencies and saiilt-bss_d organiz., Alsshomo Am we & tiro Sat Sums An as atnmd& die Victims of conc
Act, a amended; and site luveniie htsrice and bclinotmey PrevaWn At;, m arncndcd, contain prohibitions ngainu diseriit:irtKY On thv
but vfroiigion in mWhymml. Despite those nortdtscriruna% provisions, tic J wke Deparmmm hos ooncRtdcd that the Religious
Frccdoat: Restoration Act (RhalthJ is reiisonably construed, on a unlymn basis• to require lira! Its 1LIMPHrg agencies Pet'n<it f,illni;as:d
urgauizaiions applying for funding udder tits applicable program statutes boli to rccciv_• DOJ Rmds and to continua emsiderN S kgieu
wi;en hiring w i, even if the stature than adtltorizes the fundings p oyam gencatlly forbids 6er:sitiering of rcbgim 0 an:i>ioyment <icoisions
by g',ntccs.
;lues!aO!ts aboul the icy Mali« r or Ne aRAlation of RFRA to the Man= shat pr01:60I critnirxaion in i'niplOgmcnt nvey he directed to ILL;
m ki .
Un forcing Civil Rip;hts Lalss
Ali ret:iptcnt,� of i odorai Otnulciai assistance, retlardless of the parucuiar i'unriing source, Ill'. amount o the grant aware,, er the nunlbcr of
eml';toyees in the workfoicc, are sabjaa to the prohibitions against vniawriil discrilr iaation. Accordingly, OCR invest iyatcs reripie.ms tlwl
are the subject of discrimination complaints from i:oiir individual, aid groups, llt addition, based tin regularory criteria, OCR selects a
ntunber of mipicros Cecil year forcony>linnce rcviewr>, wdits that enquire reoipiente to submit Livia stowing Hutt tbcy tae providing Servic s
equitably to all segments of their servicepvpniafiott and Brae their employment pi ac(ices meed conal employment opportunity standards.
Complying with the Safe SIVeetti Act 0 PrngrnIn Req airements
In icldition to lhcse general proltibilionc, all or whicli is a Icoipicnt of financial ass'tsMOCC su:ljOCI to the rlondiSCOininatlrni
provisions of'the Omnibus Crime CW1Lr01 and Safe Strects Ad (Sa:i: Streets Acl') of 1966, 42 U.S.C. 5 .3789d(c), or olhei Federal }matt
progtatn requi3cmen?s, frinst nmc!l two adtlrtiolmt 1'CdilU'C11ICtllFal) Complying, wall Pederttl r<gubvions pertaining re Ulf, developmem of im
1%1ual Employment Opportat:ity Mwl "MOP), 28 C,F'.R, S 42.301- 308, and (2)-mbnOting to CCR Findings off)iscrininlmion (see 28
C,l',R. 3t 42.,W50) or 3 1,2(12(5)).
1) Meeting the 1EOP Regi iremenl
Ill accordance with Federal regulations, Assurance No. 6 in fhe Standard Asscrauces, CUPS Assurance ro. 8.13, m cerinin Federal grant
program rzduircmcivs, Vour argnuization must comph, wish the following LI301' reporting i cquirealfinis:
I f your organization ons .eccived all awar<t for $500,00001- more and I= 50 er more employees (counting both full- and pin Lillie
cmploye.cs bill excluding political appointcut), then it bas to prepare an EEO? and submit if to OCR for review within 60 days from the
date of this letier, Por assistance in developing lin ESOP, please cornu€t OCR's website at http:fhvww.ojp.usdnj.gowoel('ceop.hbn. foil
may also request teciin ical assistance from an F`0P Specialist at OCR by dialing (202) G! 6-3208.
11 your organiziltion received an award between S25,U00 and $590,000 and has SU or nwrc cinployces, your organization stili ho.s w pr::parc
an k:i;t)I', but it docs not have to submit the FT'. 11' to O(It for t'eviow. hlslead, your organization has to maintain Lite 1?F,O}' un fill,, rind
make it avzlilable for review on request. lit addition, your organization has to uomplule Section B of tit; Ctirti{fealiDn Fonn and return it to
OCR. Tile CeltiCicatioci Form can be Nuld at hStp:/lwvr:v.�jp.trsdoi.govlocriecop.hlm.
1f your ofgani-eloiou I'mcived an award rim- less than 5'25,000; or if your organization has less thin 50 employees, regardless of tate amount of
the a.vard; or rf your organization is a medical institution, educational institution, nonprofit organization or lndiall tribe, then your
organization is exempt €rom it;c ESOP requirement, However, your organizalion mist coniplcrr.5eclinn A or the Certification Folin ar,d
retina it w OCR. 'nit C:ertilicv!iml corm canoe fount: at htilrJhvwty.gjp.usde}.lrovlon'lecop.htna.
2) 5ubmilting Findings of Meriminatiou
bi ?he wont a FetlCnd or Steno toilet or icrdcrol fir Sultu odminislra6vo grency makes an advctse funding of dim intinaliwl against your
nrhanization after a dao process liciuing, on the ground vfrace, color, mligion, nntien,d origin, or s=, your ur13anii.ati0n mast Snblrlit a copy
ol'thc finding to OCT, for ruvicw.
&nsin'ing tilt Compliance of Subtcopients
If'yuar orgo nzatiort makes subauwrcl's to other agencies, you arC resllousil>lu fat assuring that subrecipiatts also eontpty wi!h all of thn
applicable Federal civil rights laws, secluding hire rcgahements Imliuning :n 6mloping and submitting in EE011, reporting Findings of
,Discrimination, and providing Iaagaage scrvict:s to LEP persclu. Stoic agencies lbat nlnkc subowarda ;oust ltovc in place manrJak! grant
assarauces find review procedures to danonstrate that they are effectively monitoring the civil rights comlpliaace of st.lbrcnihients.
!D arc cart aasist you In any wy it fnfiilling your civil rights re:ipor-,sibililics w, ti recipient ofrccloral fundiuft, p1CssC (<Zlb 01C al (202) 10!
fel;citl or visiLolil ,vcirsite :it `itttpaisv.vu-. njp.t�::dtj.lev/r,lr;r/.
,bt ichne! i.. A istort
])tree?fir
c-�- (Jrll7l NtiC ni(�!L'f
Financial Anr,lyst
U.S. UEF'Ai?TPvff-N]' OF ,IUSTIC.,E
OFFICE OF JUSTICE PROGRAIVS
OFFICE OF THE COMPTRO1_l.,ER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT,
SUSPENSION AND OTHER RESPONSIBILITY MATTERS
AND
DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to
which they are required to attest. Applicants should also review the instructions for
certification included in the regulations before completing this form. Signature of this
form provides for compliance with certification requirements under 28 CFR Part 69,
"New Restrictions on Lobbying" and 28 GFR Bart 67, "Government -wide debarment
and Suspension (Nan -procurement) and Government -wide Requirements for Drug -Free
Workplace (Grants)," The certifications shall be treated as a material representation of
fact upon which reliance will be placed when the Department of Justice determines to
award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR
Part 69, for persons entering into a grant or cooperative agreement over $100,000, as
defined at 28 CFR Part 69, the applicant certifies that;
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement,-
(b)
greement;
(b) If any funds other than Federal appropriated tends have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructlons;
(c) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub -recipients shall
certify and disclose accordingly.
2. DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and irnpferrrented at
28 CFR Part 67, for prospective participants in primary covered transactions, as defined
at 2.8 CFR Pari 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 f=ederal benefits by a State or Federal court,
or voluntarily excluded from covered transactions by any f=ederal department or
agency.-
(b)
gency:
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement. theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (f=ederal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not
within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part
67, Subpart f=, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession. or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees
about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d)(2) from an employee or otherwise receiving actual
notice of such conviction. Employers of convicted employees must provide
notice, including position title, to:
Department of Justice
Office of Justice Programs
ATTN. Control Desk
810 Seventh Street, N.W.,
Washington, D.C. 20531
Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph (d)(2). with respect to any employee who is so
convicted
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirernents of the Rehabilitation Act
of 1973, as amended: or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -tree workplace
through implementation of paragraphs (a). (b), (c), (d), (e), and (f).
E3. '! he granfae may insert in the space provided below the sife(s) for the performance of
work done in connection with the specific grant_
Place of Performance {Street address. ci(y, county. state;. zip code)
Check if there are workplaces on file that are not identrtid here.
Section 67, 630 of the regulations provides that a grantee that is a State may elect to
rnake one certification in each Federal fiscal year. A copy of which should be included
with each application for Deparlmont of Justice funning. States and State agencies may
elect to use UJi' Form 406117.
Check _—_ if the State has elected to complete OJI' Form 406117.
DRUG FREE Wi7t2KPi�ACE Gfi� ANTEES WHO ARE INi71y DUALS}
As fequired by tll(-' (:)rug -Free ,Norkplace Act of 1388, and irnpler exited at 28 C' -R Par':
?, SUboail I for grantees, as defined at 28 CPR Part 67; Sections 67,615 and 6"7.626
A As a condition of the grant, i ce:ttity that t w1l not engage in the utitawfui
nanuf,acture, distribution, dispensing, possession, or use of a controlled substance in
conducting any activity with the grant. and
f� ►f conk�icted t�f a rritninal dnar7 oiier�se? re;suiting tram a violatior7 occc.,r+ing durifzg the
conduct of any grant activity, I will report the conviction, in writing, within '10 calendar
days of the conviction, to:
Department of ,fustice
Office of Justice Programs
ATTN Control Desk
`clad Seventh Street, N'✓l
Washington, D C; 2M31
As the, duly authorized representative of thy: ahpiicant. I hereby certify that the applicant
will comply with the above certifications.
1. Grantee Name and Address
2 Application Number and/or Project Nall -re:
. Grantee IQSIVe)i Number
4. Typ,!Pyint Name and Tide of Auth,,.-w2.ed Rep
5 Signature G. Date;
aJi' FCF7it4 r+0u:!B i�-91� iZL;S'l./�Ct�S UJt' FOl�PAS :}L1o11�; •107';. A.P3i� �f3f3?;4 `v�1Ni:"i-? i•.Rr= Q'�^`iCi"t_C--.'t
OF ICE OF Ji.1STICE PROGRAFaiS 13,iA NIJ 0,JJDP BJS (M.,
W' 0013 APPRO\ 11 No. 1121-b1--40
� �, �.. ti\Pli<t:5llG-it7i:?O(}y
STANDARD ASSIIRANC: FS
i
I he Applicant hereby assures and certifies conjAi<tnce with all applicable Federal statute,, wgulations.
palic'ies, PAW= and roquhvinents, including(WID Circulars A.-21. A-87, A-102, A-1 10. ,A-122. A-
1:33: l x. Order 12:372 (intergoven menta review of fcdetal programs); anis 28' C.F.R. pts. 66 or 70
(aadnKsuntive requ0ments lits grants and c mMuative agmernemsh The applicant also specifically
aasSWlC-ti enol CC'Stll{CS that;
1. It has the lcgal andlority to apply Ion federal mwistwwc amt the iAiltWOnA ntam ental, and llnanci al
C£apabtlity (including funds Stlfllctent to pay Litty t'C{pin'Cd r)Otl- 6(101'af Share Of project Cost) to cnSrIrc
proper planning, ntanagcnient, and conipletion of the project described in this application.
2. It u•iil WAR safeguards to prohibit employees Nun usin}.?, their NtsAmu for a punt. the+t
Constitut-es or presents the appearance of personal or organizational couilict of m erect, or personal fain.
3. 11 will give to ay.WA&g agency or the General Accounting Office, thlouf;h my authorized
represca,tativc, access to and the right to examine all paper or ales •onic records related to the financial
as,
ist:anc'.
4. It will comply with Ml Iawlill requirements impoccd by the awarding agency. specifically inchading
any aPltlieable wgulatil:mn such to 28 C:'.F.1t. pi,. 18, 24 213% 3.5, 3R. 42, 61, and 63, and the award term in
2 QRR § 1711 lb),
5. It will assist the awarding agency (if occes,ary) in assuring corn hmcc with section; 106 of the
Nakmal Historic Prescr nOn Act of 1966 0 6 li.S.C. § 470h E v OAcr 11593 (idaWfication Land
protection of historic properties). the Archeologicaland Historical Preservation Act of 1974 (16 U.S.0
4(69 a-1 ct scq-), and the National l:=.nvironrraetttal Policy Act of 1969 (42 U,S.C. § 4321).
6. It will comply (and will require any subgrantees or contractors to comply} with an -y applic-aable
statutorily imposed nondiscrimination rcquirentcalis, which tray include the Omnibus Crime. Control and
Salle Streets An of 1968 (42 LKS&A S :37894), the Victims of Crime Act (42 U.TC. §lN04(Q The
Juvenile Justice and Delinquency Prevention .Act of 2002 (42 U.S.C. ti 5672(b)), the Civil Rights Act of
196.4 (42 U S.('. § 2000d; the Rdmi ilitakni ,+yet of 1973 (29 U SY YOM, the Arneromm wAll
Disabilitics Aet of 19W) (42 U S.C•4 12131-34); the LAtication Aanendanents off 972 (20 U.S.C. §§ 1681.
1681 16=61 and the Age ascHminathn Act of 1975 02 U S& §§ 6101-07Y sec En Order 13279
(cgtiA pi otcctiorn orke Nws for 10 -based and snurnanity organize onh).
If;? :-c��er�tnac•rafal entity -
:1) at will cowply v"ith the requircntcnt ofthe Uniloltal Relocaliun A-;sist:tnc? anti Ileal 1'roperry
Acelali�iva�ns Act of 1470 02 U.S.(_.y 4601 et sec).), whwh govcna 11w ncaltrnent of persons displaced as
l-csult of fedcl•ai and fedcrlllly-assiswd prograrns; and
b) it will comply with rcquirewcilts of 5 1 .S.C.§,; 1501-08 and 5§7324-28, which limit certain
political activities of stain or local. government cnlployccs whose principal entploytnent is in connection
With an aW hAy financed in wholo o:in part by Icclel al assi;lauee.
Datc
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