HomeMy WebLinkAboutRES 19-138RESOLUTION NO. 19-138
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary, specifically 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.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
July, 2019.
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GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1995158
This grant contract is executed between the Office of the Attorney General (OAG) and Beaumont
Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and
Beaumont Police Department may be referred to in this contract individually as "Party" or
collectively as "Parties."
SECTION 1. PURPOSE OF THE CONTRACT
The Internet Crimes Against Children (ICAC) Task Force Program, United States Department of
Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention,
seeks to maintain and expand State and regional ICAC task forces to address technology -facilitated
child exploitation. These task forces work collaboratively as a national network of law
enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes
against children. The program requires existing task forces to develop multi jurisdictional, multi -
agency responses to such offenses by providing funding and other support to State and local law
enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and
equipment. The OAG, as the regional contact for the task force known as "Texas, Southern ICAC
Task Force", (hereinafter the "OAG ICAC Task Force") receives funding from the OJP to provide
grants to local law enforcement agencies that are affiliates of the task force in order to address
technology -facilitated child exploitation. Pursuant to the terms of a Memorandum of
Understanding (MOU) between the parties, the GRANTEE became a member of the OAG ICAC
Task Force. The purpose of this contract is to provide reasonable contractual controls to ensure
that the public purposes of the grant provided to GRANTEE are achieved.
SECTION 2 TERM OF THE CONTRACT
This contract shall begin on June 1, 2019 and shall terminate August 31, 2019, unless it is
terminated earlier or extended in accordance with another provision of this contract. The OAG is
not obligated to reimburse expenses that were incurred prior to the commencement or after the
termination of this contract.
SECTION 3 GRANTEE'S CONTRACTUAL SERVICES
3.1 GRANTEE's Compliance with the Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award
Number 2018 -MC -FX -K065. The GRANTEE will comply with all terms and conditions as set
forth and required in the Cooperative Agreement between the OAG and the Department of Justice,
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EXHIBIT "A"
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Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award
Number 2018 -MC -FX -K065, (OAG Award Document) and as attached hereto as Exhibit C and
incorporated by reference, as well as the applicable provisions of the OAG ICAC Grant
Application or OAG Award Document as supplemented, amended or adjusted. Specifically,
Grantee's compliance with the applicable "Special Conditions" identified in the OAG Award
Document are a material requirement of the grant award made hereunder. Failure to comply with
any one or more of the Special Conditions, whether a condition set out in full below, a condition
incorporated by reference herein, or a certification or assurance related to conduct during the award
period, may result in the OAG and/or to the extent federal funds are expended in this grant, the
Office of Justice Programs ("OJP") in taking appropriate action which may include but is not
limited to OAG and/or OJP withholding award funds, disallowing costs, or suspending or
terminating the grant award. Additionally, the GRANTEE shall comply with 'all terms and
conditions as set forth and required in the Memorandum of Understanding between the OAG and
GRANTEE, OAG Contract Number 1991462-01 (the "Task Force MOU") attached hereto as
Exhibit "D" and incorporated herein by reference.
3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions.
The GRANTEE's budget is attached as Exhibit A.
The GRANTEE's Project Narrative is as follows:
To support certain Internet Crimes Against Children (ICAC) equipment.
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.
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GRANTEE 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
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
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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 on the reporting deadlines established by OAG:
a. Number of CyberTipLine referrals received and investigated;
b. Number of indictments obtained on CyberTipLine referrals;
c. Number of convictions obtained on CyberTipLine referrals;
d. Number of online solicitation of a minor (or its equivalent) arrests;
e. Number of online solicitation of a minor (or its equivalent) indictments
obtained;
f. Number of online solicitation of a minor (or its equivalent) convictions
obtained;
g. Total number of ICAC -related arrests during reporting period;
h. Number of partner agencies that sign memorandum certifying compliance
with ICAC program guidelines;
i. Number of investigative technical assistance sessions that ICAC task force
provides to non-member law enforcement agencies;
j. Number of computer forensic technical assistance examinations that ICAC
task forces provide to non-member law enforcement agencies;
k. Percent increase in arrests related to technology -facilitated child sexual
exploitation and Internet Crimes Against Children;
1. Percent increase in computer forensic examinations completed by ICAC
task forces; and
m. Percent increase in investigative technical assistance sessions provided by
ICAC task forces to 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 annual reporting
requirements of the following measures:
a. Staffmg levels of the task force, including the number of investigators,
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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.
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 the projected performance required
by this contract or the Task Force MOU. 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 also shall make available at reasonable times and for reasonable periods 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.
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4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are
paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for
reimbursement (also referred to as "financial status report") 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/financial status report will be submitted to the OAG in the form
and manner as approved by the OAG and will specify the detailed and total expenses for the month,
in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii)
professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct
operating expenses. The request for reimbursement must be accompanied by supporting
documentation as required by the OAG. The OAG may from time to time require different or
additional supporting documentation.
A request for reimbursement/financial status report is required each month, whether GRANTEE
has paid expenses, or is seeking reimbursement.
4.3.3 Fiscal Year End Required Reports. GRANTEE shall submit the following two reports
the OAG on or before October 14, 2019 or a date otherwise established by the OAG:
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 contract with an
independent CPA firm to perform an annual financial audit engagement. If applicable,
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 2 CFR Part 200 titled
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards and/or Texas Single Audit Circular (Single Audit or non -Single Audit financial audit).
GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit.
Submission shall be considered timely if the annual independent financial audit is delivered on or
before nine (9) months after the end of GRANTEE's accounting year. If applicable, GRANTEE
will provide the OAG with any and all annual independent financial audits or audited financial
statements, related management letters, and management responses of GRANTEE.
4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice.
GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make
every reasonable effort to submit monthly billings to the OAG, which cover the previous month's
expenses, so that they are received by the OAG on or before the twentieth (20th) of each month, or
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if the 20th falls on a weekend or holiday, the next business day. The OAG will make all reasonable
efforts to promptly process and make payments on properly completed billings. GRANTEE may
submit a final invoice to be received by the OAG not later than forty-five (45) calendar days after
termination of this contract.
4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs
incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse
GRANTEE for employee costs that are directly related to performing the responsibilities of this
contract.
4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant
funds under this contract, such as payments made inadvertently or payments made but later
determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of
the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and
deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement,
but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly
from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any
overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the
overpayment from the OAG unless an alternate payment plan is specified by the OAG.
4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination.
GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment
purchased with contract funds. GRANTEE shall permanently identify all equipment purchased
under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall
maintain a current inventory of all equipment 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.
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5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the
attached Exhibit A. Any change to the maximum liability must be supported by a written
amendment to this contract.
5.3 Reimbursement of Grantee Expenses. The OAG shall be 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
Pte'•
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.
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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 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 SUBMISSION OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by GRANTEE. The
OAG generally requires submission of information via email or hard copy format. Some reporting
requirements must occur via the internet and/or a web -based data collection method.
8.1 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 in the manner directed by the OAG.
OAG will provide the required manner of delivery after the grant is awarded.
8.2 Financial Reports (excluding Programmatic Reports and Information). All financial
status reports, requests for reimbursement, audits, and inventory reports, must be submitted in the
manner directed by the OAG. OAG will provide the required manner of delivery after the grant is
awarded.
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SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to make a good faith effort to identify, communicate and resolve problems found
by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance
under this contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase monitoring visits; require that additional or
more detailed financial and/or programmatic reports be submitted; require prior approval for
expenditures; require additional technical or management assistance and/or make modifications in
business practices; reduce the contract amount; and/or terminate this contract. The foregoing are
not exclusive remedies, and the OAG may impose other requirements that the OAG determines
will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information, may result in the OAG, at its sole discretion, placing
GRANTEE on immediate financial hold without further notice to GRANTEE and without first
requiring a corrective action plan. No reimbursements will be processed until the requested
information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion,
may deny reimbursement requests associated with the expenses incurred during the time
GRANTEE was placed on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other
sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may
impose sanctions, including, but not limited to, withholding or suspending funding, offsetting
previous reimbursements, requiring repayment, disallowing claims for reimbursement, 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, Code of Federal Regulations (CFR), and Other Relevant
Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and
regulations, directives, guidelines, OMB circulars, including specifically 2 CFR Part 200, and any
other requirements 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 also agrees to comply with
Uniform Grant Management Standards (UGMS), as promulgated by the Texas Governor's Budget
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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 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
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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.
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. Grantee hereby grants the OAG an unrestricted, royalty -free, non-exclusive,
and irrevocable license to use, copy, modify, reproduce, publish, or otherwise use, and authorize
others to use (in whole or in part, including in connection with derivative works), 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.
Whereas federal funds are expended in this grant, Grantee also hereby grants the Office of Justice
Programs (OJP) a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or
otherwise use, and authorize others to use (in whole or in part, including in connection with
derivative works), for Federal purposes: (1) any work subject to copyright developed under this
contract; and (2) any rights of copyright to which Grantee purchases ownership with grant funds
received under this contract.
Grantee acknowledges and agrees that OJP has the right to (1) obtain, reproduce, publish, or
otherwise use the data first produced under this contract and (2) authorize others to receive,
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reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as
defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General).
Grantee has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any)
all rights and data necessary to fulfill the Grantee's obligations to the OAG and OJP under this
contract. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording
the OAG or OJP such rights, Grantee shall promptly bring such refusal to the attention of the OAG
Program Manager for the contract and not proceed with the agreement in question without further
authorization from the OAG.
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.
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.
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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.
11.10 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.
11.12 Business with Iran, Sudan, or Terrorist Organizations. GRANTEE hereby represents
and warrants that it does not, and shall not for the duration of any resulting contract or purchase
order hereunder, engage in any business operations, including but not limited to acquiring,
developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities,
personnel, products, services, personal property, real property, or any other apparatus of business
or commerce with Iran, Sudan or a foreign terrorist organization.
11.13 Boycott of Israel. GRANTEE hereby represents and warrants that it does not, and shall
not for the duration of any resulting contract or purchase order hereunder, boycott Israel as defined
under Texas Government Code, Sec. 808.001(1).
11.14 No Use of Grant Money for Lobbying. GRANTEE shall not use any grant funds
provided by OAG to GRANTEE to influence the passage or defeat of any legislative measure or
election of any candidate for public office.-
11.1-5
ffice:
11.1-5 Child Support Obligation Affirmation. Under Section 231.006 of the Texas Family
Code, the GRANTEE certifies that the individual or business entity named in this contract is not
ineligible to receive the specified grant, and acknowledges that this contract may be terminated
and payment may be withheld if this certification is inaccurate.
11.16 Texas Public Information Act. Information, documentation, and other material in
connection with this contract or the underlying grant may be subject to public disclosure pursuant
to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with
Section 2252.907 of the Texas Government Code, GRANTEE is required to make any information
created or exchanged with OAG, the State of Texas, or any state agency pursuant to the contract,
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and not otherwise excepted from disclosure under the Texas Public Information Act, available in
a format that is accessible by the public at no additional charge to OAG, the State of Texas, or any
state agency.
11.17 Restrictions and Certifications Regarding Non -Disclosure Agreements and Related
Matters. In accepting this grant, the GRANTEE:
a. represents and warrants that GRANTEE neither requires nor has required internal
confidentiality agreements or statements from employees or contractors that
currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict)
employees or contractors from reporting waste, fraud, or abuse as described above;
and
b. certifies that, if GRANTEE learns or GRANTEE is notified that is or has been
requiring its employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste,
fraud, or abuse as described above, it will immediately stop any further obligations
of award funds, will provide prompt written notification to the OAG and will
resume (or permit resumption of) such obligations only if expressly authorized to
do so OAG.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 are intended to be a general
introduction to this contract. To the extent the terms and conditions of this contract do not address
a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to
be construed consistent with the general objectives, expectations and purposes of this contract.
12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the
entire agreement between the Parties with respect to the subject matter therein described, and there
are no other representations (verbal or written), directives, guidance, assistance, understandings or
agreements between the Parties relative to such subject matter. By executing this contract,
GRANTEE agrees to strictly comply with the requirements and obligations of this contract,
including all exhibits.
12.3 Amendment. This contract shall not be modified or amended except in writing, signed by
both parties. Any properly executed amendment of this contract shall be binding upon the 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
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parry's right to demand strict compliance in the future. No consent or waiver, express or implied,
to or of any breach or default in the performance of any obligation under this contract shall
constitute a consent or waiver to or of any breach or default in the performance of the same or any
other obligation of this contract.
12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and
performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY
GENERAL OF TEXAS
Printed Name: David Maxwell
Office of the Attorney General
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BEAUMONT POLICE DEPARTMENT
Printed Name: Kyle Haves
Authorized Official
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EXHIBIT A
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND
BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1995158
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:
EIGHT THOUSAND AND 00/100 ($8,000) DOLLARS
Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual
allowable and allocable costs paid according to the following amounts and budget categories:
Budget Category
Amount
Personnel
$0
Fringe Benefits
$0
Professional & Contractual Services
$0
Travel
$0
Equipment
$0
Supplies
$0
Other Direct Operating Expenses
$8,000
Total
$8,000
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GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND
BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1995158
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.
1995158
GRANTEE's signature on this contact will be treated as a signature agreement for each of the
twenty-one (21) 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), 2018 -MC -FX -K065, and any subsequent award document.
➢ Fourteen (14) pages.
• Compliance with the Department of Justice, Office of Justice Programs, Office of
Juvenile Justice and Delinquency Prevention, as provided in memo to Official Grant
File, to Texas Office of the Attorney General and any subsequent award document.
➢ One (1) page.
• Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Project Summary (OAG Award Document), 2018 -MC -FX -
K065.
➢ Two (2) pages.
• Compliance with the Department of Justice, Office of Justice Programs, Office of
Civil Rights, as provided in letter dated September 26, 2018, to Texas Office of the
Attorney General and any subsequent award document.
➢ Three (3) pages.
• Department of Justice, Office of Justice Programs, Assurances — Standard
Assurances.
➢ Five (5) pages
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EXHIBIT D
Memorandum of Understanding
1991462-01
OAG Contract No.
This Memorandum of Understanding ("MOU") is executed between the Parties identified below,
for certain Internet Crimes Against Children ("ICAC") Task Force activities. The Parties may be
referred to in this contract individually as "Party" or collectively as "Parties."
Section 1 Parties
Beaumont Police Department
The Office of the Attorney General of Texas ("OAG")
Section 2 Mission of the OAG
("Department")
The ICAC Task Force Program, created by the United States Department of Justice, Office of
Justice Programs, Office of Juvenile Justice and Delinquency Prevention, ("OJJDP"), is a
national network of state and local law enforcement cybercrime units tasked with combating
technology -facilitated child exploitation. These task forces work collaboratively as a national
network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and
prosecute ICAC activities. The ICAC program requires existing task forces to develop multi -
jurisdictional, multi -agency responses to such offenses by providing funding and other support to
state and local law enforcement agencies as a means to help them acquire the necessary
knowledge, personnel, and equipment. This help encompasses investigative and forensic
components, training and technical assistance, victim services, and community education.
The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC
Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC
grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC
Task Force is to: (1) properly investigate and prosecute those who sexually exploit children
through the use of the Internet and/or computers; (2) provide training and equipment to those
involved in investigating and prosecuting Internet crimes against. children, and (3) provide
community education regarding the prevention of Internet crimes against children.
Section 3 Term of MOU
September 1, 2018
This MOU shall be effective on
September 30, 2021 -
Section 4 Purpose of the MOU
and will continue in effect until
The purpose of this MOU is to formalize the working relationship between the OAG and the
Department. This MOU delineates the responsibilities and expectations of the Parties. By
signing this MOU, the Department agrees to join the OAG ICAC Task Force for the primary
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purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAC
Task Force, the Department will benefit from joint operations and extensive training
opportunities.
By entering into this MOU, the OAG will benefit from the investigative support by the
Department.
This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties.
Section 5 Investigations
All ICAC investigations will be conducted only by sworn law enforcement investigators and in a
spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow
guidelines established by each Party's respective policy manual or guidelines. However, ICAC
investigations shall also be governed by the national ICAC program's Operational and
Investigative Standards. Violation of the ICAC operational standards is cause for termination of
this MOU. This MOU is not intended to infringe on the ongoing investigations of any other
agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force
investigations are not in the best interest of the Task Force.
Section 6 Department's Duties and Responsibilities
The Department will ensure the following activities:
A. Only sworn Department law enforcement personnel will conduct undercover ICAC
investigations. Each investigator involved with undercover operations must receive
ICAC training prior to initiating proactive investigations and shall submit reports of all
undercover activity to the OAG.
B. Conduct reactive investigations where subjects are associated with the Department's
jurisdiction, including investigations of child pornography, CYBERTIP referrals from the
National Center for Missing and Exploited Children, Internet Service Provider and law
enforcement referrals, and other ICAC -related investigations. Additional case initiations
may develop from subject interviews, documented public sources, direct observations of
suspicious behavior, public complaints, or other appropriate sources.
C. Record and document all undercover online activity. Any deviations from this policy due
to unusual circumstances shall be documented in the relevant case file and reviewed by
the ICAC Task Force Program Manager.
D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files
including, without limitation, computer records, in order to ensure compliance with all
national ICAC standards.
E. Locate its ICAC investigators in secured space provided by the Department with
controlled access to all equipment, software, and investigative files. At a minimum,
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information should be maintained in locked cabinets and under control of the Department
ICAC Task Force personnel, with restricted access to authorized personnel only.
F. Conduct education and prevention programs to foster awareness and provide practical,
relevant guidance to children, parents, educators, librarians, the business and law
enforcement communities, and other individuals concerned about Internet child safety
issues. Presenters shall not discuss ongoing investigative techniques and undercover
operations utilized by the ICAC Task Force.
Section 7 Supervision; Compliance with Regulatory and Licensing Bodies
The Department will be responsible for the day-to-day operational supervision, administrative
control, and personal and professional conduct of its officers and agents assigned to the Task
Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint
process guided by ICAC standards.
The Department agrees that it has obtained all licenses, certifications, permits and authorizations
necessary to perform the responsibilities of this MOU. The Department agrees to comply with all
applicable licenses, legal certifications, inspections, and any other applicable local ordinance,
state, or federal laws.
Section 8 No Employment Relationship with the OAG; Liability
The Department expressly agrees that there is no employment relationship between the
Department and the OAG. Under no circumstances shall any owners, incorporators, officers,
directors, employees, or volunteers of the Department be considered an employee, agent, servant,
or partner of, or part of any joint venture or joint enterprise with, the OAG.
To the extent allowed by law, the Department is responsible for all types of claims whatsoever
due to their own actions or performance under this MOU, including, but not limited to, the use of
automobiles (or other transportation), taken by its owners, incorporators, officers, directors,
employees, volunteers or any third parties.
Section 9 Reporting Statistics
Using the reporting form provided by the OAG, the Department shall submit monthly statistics
to the OAG on all ICAC investigations or other investigative work pertaining to the sexual
exploitation of children via the Internet. These statistics shall be submitted in the appropriate
format by the tenth (10th) calendar day of each month, and shall include data on all related
investigations opened or closed during the month, as well as forensic examinations,
technical/investigative assistance provided to other agencies, subpoenas and court orders issued,
training hours attended and taught, and community outreach provided.
In addition, the Department shall provide detail reporting on the basic case data for each sexual
exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor
(enticement/traveler) case investigated by the Department. The OAG will then be responsible for
all required reporting to OJJDP.
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Section 10 Training
The Department shall make investigators designated as ICAC Task Force members available for
applicable specialized training provided through the national ICAC program and other
appropriate training programs. The Department will support the on-going training needs of its
investigators to maintain their competency and currency.
Section 11 Confidentiality
It is understood that any confidential information pertaining to ICAC investigations will be held
in the strictest confidence, and will only be shared with participating OAG ICAC Task Force
members or other law enforcement agencies where necessary or as otherwise permitted by
federal and/or state law.
Section 12 Termination of MOU
Either Party, at its sole discretion, may terminate this MOU for convenience upon written notice
to the other Party at least thirty (30) calendar days in advance of the effective date of such
termination. The OAG may terminate this MOU for cause for the following reasons that include,
but are not limited to, failure of Department to accept and/or investigate cyber tips, failure of
Department to report statistics to the OAG, failure of Department to adhere to national ICAC
program's Operational and Investigative Standards, or failure of Department to exercise
reasonable efforts to support the on-going training needs of its investigators to maintain their
competency and currency.
Section 13 Signatures
The Parties stipulate and agree that the signatories hereto are signing, executing and performing
this MOU only in their official capacity.
Office of the Attorney General
DocuSlgned by: Di:m
ed by:
L
yeral or designee LWbizD...
Authorized Official
ICAC MOU
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