HomeMy WebLinkAboutRES 17-060RESOLUTION NO. 17-060
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Grant Contract
with the Office of the Attorney General of Texas for the Internet Crimes Against Children
(ICAC) Task Force to provide training and technical assistance in support of their
Internet Crimes Against Children initiatives. Said Grant Contract is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
March, 2017.
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GRANT CONTRACT
OAG Contract No. 1774900
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 GRANTEE may be referred to
in this contract individually as "Party" or collectively as "Parties."
SECTION 1. PURPOSE OF THE CONTRACT
The Internet Crimes Against Children (ICAC) Task Force Program, Office of Juvenile Justice
and Delinquency Prevention, Office of Justice Programs (OJP), United States Department of
Justice, seeks to maintain and expand State and regional ICAC task forces to combat technology -
facilitated child exploitation. These task forces work collaboratively as a national network of law
enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes
against children. The program requires existing task forces to develop multi jurisdictional, multi -
agency responses to such offenses by providing funding and other support to State and local law
enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and
equipment. The purpose of this contract is to provide reasonable contractual controls to ensure
that the public purposes of the grant are achieved.
SECTION 2 TERM OF THE CONTRACT
This contract shall begin on February 1, 2017 and shall terminate May 31, 2017, 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 GR.ANTEE's Compliance with the Department of Justice, Office of Justice
Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement
for Award Number 2015 -MC -FX -K049. 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 2015 -MC -FX -K049, (OAG Award Document), as well as the
applicable provisions of the OAG ICAC Grant Application or OAG Award Document as
supplemented, amended or adjusted.
3.2 Establishment of Final Project Budget; Grant Project Narrative; Special
Conditions. The GRANTEE's budget is attached as Exhibit A.
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EXHIBIT "A"
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The GRANTEE's Project Narrative is as follows:
To support efforts to combat certain Internet Crimes Against Children (ICAC) or
other direct operating expenses.
The Special Conditions, including the OAG Award Document, are attached as Exhibit B.
The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In
addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs,
outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the
term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the
Special Conditions attached to this contract.
SECTION 4 REQUIRED REPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall
forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall
ensure that it files each document or form required by the OAG in an accurate and timely
manner. Unless filing dates are given herein, all other reports and other documents that
GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time,
the OAG may require additional information from GRANTEE.
4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and
Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information
contained in the required reports, other information may be required as requested by the OAG.
GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any
previously submitted information was inaccurate and forward the correction information to the
OAG.
4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit, within ten (10) business days, notice to the OAG of any
change of the following: GRANTEE's name; contact information; key personnel, officer, director
or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE
shall promptly notify the OAG, preferably in advance, of a change in address or main telephone
number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract.
To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's
letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed
by the Authorized Official, may request a change to the Grant Contact.
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
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programmatic management of the organization, including financial and programmatic policies
and procedures.
Such fiscal and programmatic management shall include accountability for all funds and
materials received from the OAG; compliance with OAG rules, policies and procedures, and
applicable federal and state laws and regulations; and correction of fiscal and program
deficiencies identified through self-evaluation and/or the OAG's monitoring processes.
Ignorance of any contract provisions or other requirements referenced in this contract shall not
constitute a defense or basis for waiving or failing to comply with such provisions or
requirements.
GRANTEE shall develop, implement, and maintain appropriate financial management and
control systems, which include budgets that adequately reflect all functions and resources
necessary to carry out authorized activities and the adequate determination of costs; accurate and
complete payroll, accounting, and financial reporting records; cost source documentation;
effective internal and budgetary controls; allocation of costs; and timely and appropriate audits
and resolution of any findings and applicable annual financial statements.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure
the confidentiality of records required to be kept confidential by applicable federal and state law,
rules and regulations. This provision shall not be construed as limiting the OAG's access to such
records and other information.
4.2 Programmatic Reports
4.2.1 ICAC Semi -Annual Statistical (Performance) Reports, including Outcome Measure
Reports. GRANTEE will support the OAG in its progress reporting requirements, including the
reporting requirements of outcome measures. The OAG is required to report, within 30 days
after the end of the reporting periods, certain outcome measures. The semi-annual reporting
periods end on the last day of June and December each year. The OAG will establish deadlines
for the GRANTEE to meet its requirement to report to the OAG.
Contents of Semi -Annual Statistical Reports. GRANTEE shall report data to the OAG
on the following outcome measures:
a. Number of CyberTipLine referrals received and investigated;
b. Number of indictments obtained on CyberTipLine referrals;
c. Number of convictions obtained on CyberTipLine referrals;
d. Number of online solicitation of a minor (or its equivalent) arrests;
e. Number of online solicitation of a minor (or its equivalent) indictments
obtained;
f. Number of online solicitation of a minor (or its equivalent) convictions
obtained;
g. Total number of ICAC -related arrests during reporting period;
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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 non-member law enforcement agencies.
4.2.2 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support
the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance
Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The
Performance Measures shall contain, at a minimum, the following additional supporting data
elements:
a. Complaints;
b. Case Information;
c. Goals;
d. Court Actions;
e. Technical Assists;
f. Training; and
g. Community Outreach Presentations.
4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements
of the following measures:
a. Staffing levels of the task force, including the number of investigators,
prosecutors, education specialists, and forensic specialists dedicated to
investigating and prosecuting Internet crimes against children.
b. Investigation and prosecution performance measures of the task force,
including:
1. the number of investigations initiated related to Internet Crimes
Against Children;
2. the number of arrests related to Internet Crimes Against Children;
and
3. the number of prosecutions for Internet Crimes Against Children,
including -
i. whether the prosecution resulted in a conviction for such
crime; and
ii. the sentence and the statutory maximum for such crime
under State law.
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c. The number of referrals made by the task force to the United States
Attorney's 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 non-member law enforcement agencies.
f. The number of computer forensic examinations that the task force
completed.
g. The number of law enforcement agencies participating in Internet Crimes
Against Children program standards established by the task force.
4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written
explanation to the OAG for any variances by GRANTEE from projected performance. In
addition to the written explanation, GRANTEE shall promptly answer any questions of the
OAG, whether in writing or otherwise, in connection with the 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.
GRANTEE also shall make available at reasonable times and for reasonable periods client
records and other programmatic or financial records, books, reports, and supporting documents
for reviewing and copying by the OAG or its designees.
4.3 Financial Matters
4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE
will immediately review the annual budget as established in this contract.
4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are
paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for
reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project
costs to provide services under this contract. The payments made to GRANTEE shall not exceed
its actual and allowable allocable costs to provide the services under this contract.
The request for reimbursement will be submitted to the OAG in the form and manner as
approved by the OAG and will specify the detailed and total expenses for the month in the
following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional
and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating
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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 July 15, 2017 or a date as established
by the OAG, GRANTEE must submit the following two 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
a 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 States, Local Governments, 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 shall cover the
previous month's expenses, so that they are received by the OAG on or before the twentieth
(201h) of each month, or if the twentieth (20th) falls on a weekend or holiday, the next business
day. The OAG will make all reasonable efforts to promptly process and make payments on
properly completed billings. GRANTEE may submit a final invoice not later than the earlier of
(1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar
days after the end of each State fiscal year.
4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs
incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse
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GRANTEE for employee costs that are directly related to performing the responsibilities of this
contract.
4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid
grant funds under this contract, such as payments made inadvertently or payments made but later
determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount
of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and
deduct the amount of the overpayment from any amount owed to GRANTEE, as a
reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a
payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE
shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the
notice of the overpayment from the OAG unless an alternate payment plan is specified by the
OAG.
4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination.
GRANTEE shall not give any security interest, lien or otherwise encumber any item of
equipment purchased with contract funds. GRANTEE shall permanently identify all equipment
purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE
shall maintain a current inventory of all equipment which shall be available to the OAG at all
times upon request; however, a 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.
attached Exhibit A. Any change to
amendment to this contract.
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The maximum liability of the OAG is contained in the
the maximum liability must be supported by a written
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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 remaining balance
on this contract.
SECTION 6 TERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
contract without recourse, liability or penalty, upon thirty (30) calendar days' notice to the other
Party.
6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an
obligation of the terms, conditions and provisions of this contract, the OAG may, upon written
notice of the breach to GRANTEE, immediately terminate this contract.
6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination
is not an exclusive remedy, but will be in addition to any other rights and remedies provided in
equity, by law, or under this contract.
Termination of this contract for any reason or expiration of this contract shall not release the
Parties from any liability or obligation set forth in this contract that is expressly stated to survive
any such termination or by its nature would be intended to be applicable following any such
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termination. The following terms and conditions, (in addition to any others that could reasonably
be interpreted to survive but are not specifically identified), survive the termination or expiration
of this contract: Sections 4, 5, 7; 11; and 12.
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 records for a period of seven
(7) years after the contract is completed or expires, or all issues that arise from any litigation,
claim, negotiation, audit, open records request, administrative review, or other action involving
the contract are resolved. The records include, but may not be limited to, the contract, any
contract solicitation documents, any documents that are necessary to fully disclose the extent of
services provided under this contract, any daily activity reports and time distribution and
attendance records, and other records that may show the basis of the charges made or
performances delivered.
7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability
for all reporting measures and requests for reimbursements. Audit trails maintained by
GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE
to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the
means whereby authorized personnel have the ability to audit and to verify contractually required
performances and to establish individual accountability for any action that can potentially cause
access to, generation of, or modification of confidential information.
7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and
make available all paper and electronic records, books, documents, accounting procedures,
practices, and any other items relevant to the performance of this contract, compliance with the
applicable state or federal laws and regulations, and the operation and management of
GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such
items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under
this contract or through a subcontract under this contract to likewise permit access to, inspection
of, and reproduction of all books, records and other relevant information of the entity, person or
contractor that pertain to this contract. All records, books, documents, accounting procedures,
practices, and any other items, in whatever form, relevant to the performance of this contract
shall be subject to examination or audit. Whenever practical as determined at the sole discretion
of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice
of any such examination or audit.
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7.5 State Auditor. In addition to and without limitation on the other audit provisions of this
contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's
Office may conduct an audit or investigation of GRANTEE or any other entity or person
receiving funds from the State directly under this contract or indirectly through a subcontract
under this contract. The acceptance of funds by GRANTEE or any other entity or person directly
under this contract or indirectly through a subcontract under this contract acts as acceptance of
the authority of the State Auditor's Office, under the direction of the Legislative Audit
Committee, to conduct an audit or investigation in connection with those funds. Under the
direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of
an audit or investigation by the State Auditor's Office must provide the State Auditor's Office
with access to any information the State Auditor's Office considers relevant to the investigation
or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the
conduct of the audit or investigation, including providing all records requested. GRANTEE shall
ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through GRANTEE and the requirement to cooperate is included in any
subcontract it awards. The State Auditor's Office shall at any time have access to and the right to
examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and
records of GRANTEE related to this contract.
7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of
business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business
hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the
audit is being performed of a subcontractor, the subcontractor's premises if necessary) private
space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities
and office -related equipment and duplicating services as OAG or its designees may reasonably
require to perform the audits described in this contract.
SECTION 8 SUBNHSSION OF INFORMATION TO THE OAG
8.1 The OAG will designate methods for submission of information to the OAG by
GRANTEE. The OAG generally requires submission of information via email or hard copy
format. Some reporting requirements must occur via the internet and/or a web -based data
collection method.
Programmatic Reports and Information (excluding Financial Reports). All quarterly
statistical reports, annual performance reports, correspondence, reports or notices, except
financial reports specified below, must be submitted via email to:
OAG-Grants@oag.texas.gov
If requested or approved by the OAG, other programmatic reports may be submitted to:
Program Manager — Contracts and Asset Management Division
Office of the Attorney General
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Mail Code 005
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 — Contracts and Asset Management Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
The Annual Independent Financial Audit and related documents, as well as any other reports, if
requested or approved by the OAG, may be submitted to:
OAG-Grants@oag.texas.gov
SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to make a good faith effort to identify, communicate and resolve problems
found by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance
under this contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase monitoring visits; require that additional or
more detailed financial and/or programmatic reports be submitted; require prior approval for
expenditures; require additional technical or management assistance and/or make modifications
in business practices; reduce the contract amount; and/or terminate this contract. The foregoing
are not exclusive remedies, and the OAG may impose other requirements that the OAG
determines will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information, may result in the OAG, at its sole discretion, placing
GRANTEE on immediate financial hold without further notice to GRANTEE and without first
requiring a corrective action plan. No reimbursements will be processed until the requested
information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole
discretion, may deny reimbursement requests associated with the expenses incurred during the
time GRANTEE was placed on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose
other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion,
may impose sanctions, including, but not limited to, withholding or suspending funding,
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offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement,
reducing funding, terminate this contract and/or any other appropriate sanction.
9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, GRANTEE remains responsible for complying with the contract terms and conditions.
Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of
prior failure to comply with this contract.
SECTION 10 GENERAL TERMS AND CONDITIONS
10.1 Federal and State Laws. GRANTEE agrees to comply with all applicable federal and
state laws relevant to GRANTEE's performance 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,
including the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code,
Chapter, 783, as amended. GRANTEE also agrees to comply with Uniform Grant Management
Standards (UGMS), as promulgated by the Texas Governor's Budget and Planning Office.
Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances as
contained in the Application Kit.
10.3 Generally Accepted Accounting Principles or Other Recognized Accounting
Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP)
promulgated by the American Institute of Certified Public Accountants, unless other recognized
accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management
policies and procedures in processing and submitting for reimbursement GRANTEE's billing
and maintaining financial records relating to this contract.
10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to
give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or
employee of the OAG, at any time during the negotiation of this contract or in connection with
this contract, except as allowed under relevant state or federal law. GRANTEE will establish
safeguards to prohibit its employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest or personal gain.
GRANTEE will operate with complete independence and objectivity without actual, potential or
apparent conflict of interest with respect to its performance under this contract. GRANTEE must
disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential
conflicts of interest relative to its performance under this contract.
10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
responsibilities of this contract and currently is in good standing with all regulatory agencies that
regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain
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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 its business in
Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections,
and any other applicable local ordinance or state, or federal laws. If GRANTEE is a law
enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees
that it is in compliance with all rules developed by the Texas Commission on Law Enforcement
Officer Standards and Education.
SECTION 11 SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement.
GRANTEE expressly agrees that it is an independent contractor and under no circumstances
shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be
considered an OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the
OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of
GRANTEE will be deemed to be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of
GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE
or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that
any and all appropriate payments are made, such as unemployment, workers compensation,
social security, any benefit available to a state employee as a state employee, and other payroll
taxes for such persons, including any related assessments or contributions required by law.
To the extent allowed by law, GRANTEE or contractors are responsible for all types of
claims whatsoever due to the actions or performance under this contract, including, but not
limited to, the use of automobiles or other transportation taken by its owners,
incorporators, officers, directors, employees, volunteers or any third parties. GRANTEE
and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas
from and against any and all claims arising out of actions or performance of GRANTEE or
GRANTEE'S contractors under this contract. To the extent allowed by law, GRANTEE
agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all
liability, actions, claims, demands, or suits, and all related costs, attorney fees, and
expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act
or omission of GRANTEE, its employees, representatives, agents, or subcontractors in
their performance under this contract.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or
indirectly in any media release, public service announcement or public service disclosure relating
to this contract or any acquisition pursuant hereto, including in any promotional or marketing
materials, without first obtaining written consent from the OAG. This section is not intended to
and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas
Open Meetings Act and/or the Texas Public Information Act.
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11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained
under this contract may be used to produce original books, manuals, films, or other original
material and intellectual property, GRANTEE may copyright such material subject to the
royalty -free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and
granted by GRANTEE to the OAG or the state (or federal government, if federal funds are
expended in this grant) government. The OAG is granted the unrestricted right to use, copy,
modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any
manner the OAG deems appropriate at its sole discretion, any component of such intellectual
property made the subject of this contract.
11.4 Program Income. Gross income directly generated from the grant funds through a
project or activity performed under this contract are considered program income. Unless
otherwise required under the terms of this contract, any program income shall be used by
GRANTEE to further the program objectives of the project or activity funded by this grant, and
the program income shall be spent on the same project or activity in which it was generated.
GRANTEE shall identify and report this income in accordance with the OAG's reporting
instructions. GRANTEE shall expend program income during this contract term; program
income not expended in this contract term shall be refunded to the OAG.
11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract
to replace or substitute existing funding from other sources that also supports the activities that
are the subject of this contract.
11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any
solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of
GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney
General of the State of Texas.
11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG.
GRANTEE may not subcontract or assign any of its rights or duties under this contract without
the prior written approval of the OAG. It is within the OAG's sole discretion to approve any
subcontracting or assignment. In the event OAG approves subcontracting or assignment by
GRANTEE, GRANTEE will ensure that its contracts with others comply with the provisions of
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.
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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 consents 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.
11.10 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."
11.11 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a
Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a
member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with
the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention ICAC Task Force Operational and Investigative Standards.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 are intended to be a general
introduction to this contract. To the extent the terms and conditions of this contract do not
address a particular circumstance or are otherwise unclear or ambiguous, such terms and
conditions are to be construed consistent with the general objectives, expectations and purposes
of this contract.
12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the
entire agreement between the Parties with respect to the subject matter therein described, and
there are no other representations (verbal or written), directives, guidance, assistance,
understandings or agreements between the Parties relative to such subject matter. By executing
this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this
contract, including all exhibits.
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12.3 Amendment. This contract shall not be modified or amended except in writing, signed
by both parties. Any properly executed amendment of this contract shall be binding upon the
Parties and presumed to be supported by adequate consideration.
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: Kyle xayes
Office of the Attorney General Authorized Official
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