HomeMy WebLinkAboutResolution 2023-011 RESOLUTION NO. 2023-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AUTHORIZING
EXECUTION OF A REGIONAL EQUIPMENT TRANSFER
ADDENDUM WITH THE CITY OF ARLINGTON FOR A
SERVICE SUBSCRIPTION AGREEMENT FOR 60
AUTOMATED LICENSE PLATE READER CAMERAS.
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to
enter into a Regional Equipment Transfer Addendum ("Addendum") with
the City of Arlington ("Arlington") to facilitate the transfer of ownership
and responsibility for a service subscription agreement for 60 automated
license plate reader cameras ("Asset(s)") purchased with allocated funds
awarded under the FY2023 North Texas Anti-Gang Center Project Grant
#2848908; and
ri hts title, interest, ownership,Both parties acknowledge that allg and
responsibility for the Asset(s) shall vest with Arlington upon completion
of transfer of the Asset(s) and execution of this Addendum; and
WHEREAS, The City Council of North Richland Hills finds it in the best interest of
the citizens of North Richland Hills that we request the attached
Addendum be executed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council hereby finds that the recitals set forth above are true
and correct and are incorporated into this Resolution as if written
herein.
SECTION 2. The City Council of the City of North Richland Hills hereby authorizes
and approves the Addendum to facilitate the transfer of ownership and
responsibility for Asset(s) purchased with allocated funds awarded
under the FY2023 North Texas Anti-Gang Center Project Grant
#2848908.
SECTION 3. The City Council of the City of North Richland Hills hereby authorizes
and approves the City Manager to execute the Regional Equipment
Transfer Addendum with Arlington.
SECTION 4. This Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved; and all Resolutions
of the City Council of the City of North Richland Hills in conflict
Resolution No.2023-011
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herewith are hereby amended or repealed to the extent of such
conflict.
PASSED AND APPROVED on this 23rd day of January, 2023.
CITY OF NORTH RICHLAND HILLS
, ►►oti►CuH'-,,,,,,,,,,, CCIAAve
V. Sq Tito Rodriguez, Mayor Pro Tem
ATTEST:
Alicia Richardson %,,43..••••••.147 n
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City Secretary/Chief Govevnj ►►lfficer
APPROVED AS TO FORM AND LEGALITY:
aleshia B. McGinnis, City Attorney
APPROVED AS TO CO ENT:
2774/detd
Mike Young, Pol. ssist Chief
Resolution No.2023-011
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Resolution 2023-011
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REGIONAL ASSET TRANSFER ADDENDUM
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES OF THE
TEXAS ANTI-GANG CENTER—NORTH TEXAS
The agencies designated as Constituent Organizations to the Local Administrative Agreement Between
the Constituent Agencies of the Texas Anti-Gang Center—North Texas are:
City of Arlington by and through its Police Department
U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Dallas Field
Division
Dallas County District Attorney's Office
City of Dallas by and through its Police Department
U.S. Department of Justice, Drug Enforcement Administration, Dallas Division
U.S. Department of Justice, Federal Bureau of Investigation, Dallas Division
City of Fort Worth by and through its Police Department
U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Homeland
Security Investigations, Dallas Field Office
City of Irving by and through its Police Department
City of North Richland Hills by and through Police Department
Tarrant County Criminal District Attorney's Office
Texas Department of Public Safety, Region 1
Texas Alcoholic Beverage Commission
Tarrant County Sheriff's Office
City of Denton by and through its Police Department
City of Plano by and through its Police Department
For convenience, the Constituent Organizations may be referred to collectively as "parties" and
individually as a"party," and the Texas Anti-Gang Center—North Texas as "TAG Center."
RECITALS:
WHEREAS, the parties hereto in 2016 entered into a Local Administrative Agreement Between the
Constituent Agencies of the Texas Anti-Gang Center—North Texas ("LAA"); and
WHEREAS,ultimate governance of the TAG Center is vested in an Executive Board("Board")comprised
of the principal of each of the parties, each having an equal vote on all matters coming before the Board;
and
WHEREAS, the LAA expires on September 30, 2023 ("Term"); and
North Texas Anti-Gang Center CA-CONTRACT NO.PD0013_20221213-Rev.1/4/2023
Regional Asset Transfer Addendum- [Name of Receiving Jurisdiction/Agency]
Texas Anti-Gang Center—North Texas
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WHEREAS, the Board has authority to take any action with respect to the TAG Center that is not
inconsistent with the LAA and applicable law; and
WHEREAS, this Regional Asset Transfer Addendum ("Addendum") is intended to amend and
supplement the LAA by approving the use of Texas Anti-Gang Center Grant No. 2848908 Funds awarded
by the Office of the Governor of Texas Public Safety Office, Criminal Justice Division and Homeland
Security Grants Division (the "TAG Grant Funds") for the purpose of purchasing products, equipment or
property (collectively the "Asset(s)) on behalf of Constituent Organizations; and
WHEREAS, the City of North Richland Hills by and through its Police Department ("Recipient"),
pursuant to the LLA, is the recipient of the TAG Grant Funds, acts as fiduciary for all parties in making
purchases using TAG Grant Funds on behalf of the Constituent Organizations; and
WHEREAS, the use of TAG Grant Funds was authorized and approved by the City of North Richland
Hills through Resolution No. 2022-015 on March 7, 2022, with such funds being accepted by Recipient's
authorized official, Public Safety Director Jimmy Perdue, on June , 2022; and
WHEREAS, for purposes of this Addendum, the Constituent Organization benefitting from the
expenditure of TAG Grant Funds per this Addendum will be referred to as the "Receiving
Jurisdiction/Agency;" and
WHEREAS,this Addendum sets forth the terms, conditions and understanding between the Recipient and
the Receiving Jurisdiction/Agency with respect to receiving and transferring ownership and responsibility
of Asset(s)purchased with State and/or Federal Grant Funds as defined in the LAA;
NOW THEREFORE,the Receiving Jurisdiction/Agency listed below hereby agrees and accepts the terms
set forth below herein in this Addendum:
1.
By majority vote of the Board at a duly called Board meeting held on the
Receiving Jurisdiction/Agency listed below is authorized to request that the Recipient utilize TAG Grant
Funds to purchase Asset(s) on behalf of the Receiving Jurisdiction/Agency for the purpose of carrying out
the mission of the TAG Center:
Name of Receiving Jurisdiction/Agency:
Jurisdiction/Agency Principal Address:
Brief description of the Asset(s):
Amount of Expenditure:
Authorized Jurisdiction/Agency Contact:
Jurisdiction/Agency Contact Email Address:
North Texas Anti-Gang Center CA-CONTRACT NO.PD0013_20221213-Rev.1/4/2023
Regional Asset Transfer Addendum- [Name of Receiving Jurisdiction/Agency]
Texas Anti-Gang Center—North Texas
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Jurisdiction/Agency Contact Phone Number:
Grant Funding Period: September 1, 2022-August 31, 2023. Any Asset(s)purchased after this date shall
not be eligible for transfer to Receiving Jurisdiction/Agency.
2.
Following the purchase and receipt of the Asset(s) by Recipient, ownership of the Asset(s) shall be
transferred to the Receiving Jurisdiction/Agency via execution of this Addendum.
3.
By execution of this Addendum, the Recipient certifies that the Asset being transferred was acquired
through the expenditure of Grant Funds, TAG Grant 42848908, awarded to the Recipient.
4.
The Receiving Jurisdiction/Agency certifies that it has received a copy of the Grantee Conditions and
Responsibilities Memo (Attachment A) has knowledge of, and is in compliance with the laws, rules and
regulations of the Grant, including compliance with all state and federal grant eligibility requirements.
The Receiving Jurisdiction/Agency further certifies that it has received a copy of the Recipient's Grant
Award (Attachment B) and agrees to be bound by all the contract covenants and exhibits to the
Recipient's award and any modifications or amendments to that award.
5.
Recipient certifies that all Grant Award documents and amendments are included in Attachment C.
6.
Recipient and Receiving Jurisdiction/Agency further certify that they have been duly authorized and
empowered by their governing body to enter into this Addendum. Both parties acknowledge that all rights,
title, interest, ownership, and responsibility for the Asset(s) shall vest in the Receiving
Jurisdiction/Agency upon completion of transfer of the Asset(s) and execution of this Addendum.
7.
The Asset(s)being transferred must include all of the following information as set forth in Attachment D:
1. Grant Year/Program
2. CFDA Number
3. eGrants Grant Number
4. Source
5. Description
6. Serial Number or Identification Number
7. Who Holds the Title to the Property
8. Acquisition Date
9. Cost
10. % of Federal Participation
North Texas Anti-Gang Center CA-CONTRACT NO.PD0013_20221213-Rev.1/4/2023
Regional Asset Transfer Addendum- [Name of Receiving Jurisdiction/Agency]
Texas Anti-Gang Center—North Texas
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11. Location
12. Use
13. Condition
14. Disposition Data
15. Special Property Provision (i.e., for purchase of a K-9 animal or other special
purchases):
Complete this section if the Asset(s) is not considered equipment or products. Please include
description of the property being transferred, and any special requirements for maintenance or care
of the property.
16. X Special Provision—Governing Documents:
The purchase of the Asset(s) under this Addendum is governed by the Additional Services
Agreement, Flock Group Inc. Services Agreement Order Form, and the Government Agency
Customer Agreement executed by Recipient, which is attached hereto and incorporated into this
Addendum as Attachment E.
8.
Responsibilities of Recipient: The Recipient agrees to notify Receiving Jurisdiction/Agency of any known
modifications to applicable award requirements within 15 business days of receipt.
9.
Responsibilities of Receiving Jurisdiction/Agency: The Receiving Jurisdiction/Agency agrees to:
• Take full possession, ownership and responsibility for the Asset upon completion of the transfer
• Maintain compliance with the requirements of federal and state granting agencies
• Maintain all aspects of the Asset including property records, physical inventory, control system,
maintenance procedures, records retention, disposition, and comply with all grant requirements
referring to the Equipment Inventory Requirements (Attachment C)
• Maintain appropriate levels of property insurance as needed to protect the Asset
• Make available to federal and state granting agencies or the Texas State Auditor's Office, or
designees of these agencies, any equipment items and related records upon request
• Ensure the Recipient is notified in writing when equipment is disposed of by the receiving entity
in accordance with 2 CFR 200.313 (e) and the Uniform Grant Management System (UGMS),
Subpart C, Section 32 (e) Disposition
• Ensure the equipment is maintained in good working order
• Ensure a physical inventory is conducted for the Asset(s)every 2 years
North Texas Anti-Gang Center CA-CONTRACT NO.PD0013_20221213-Rev.1/4/2023
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Texas Anti-Gang Center—North Texas
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• Ensure the Asset is used only as allowable under the Grant
• Ensure any deployable equipment will be made available during an event requiring a regional,
statewide, or national response
• Ensure proper disposition of the Asset in accordance with applicable state and federal laws once
it has reached its useful life and/or is declared surplus or deemed no longer in use.
• Provide care for any special property purchases in accordance with requirements set forth in this
Addendum
10.
By execution of this Addendum, and acceptance of Assets purchased with TAG Grant Funds, the
Receiving Jurisdiction/Agency agrees that purchase of Asset(s) using false or misleading information
provided by the Receiving Jurisdiction/Agency shall constitute misuse of the TAG Grant Funds and the
Receiving Jurisdiction/Agency will be responsible for repayment of the TAG Grant Funds used to
purchase the Asset(s) as required by and within the time frame designated by the Recipient, the
Department of Justice and/or the Texas Governor's Office, respectively.
11.
This Regional Asset Transfer Addendum shall become effective upon signature by an authorized official,
or person with signatory authority,from each parry to this Addendum, and may be modified, or terminated
upon mutual written consent of both authorized officials.
12.
Except as herein amended, the terms and conditions of the LAA shall continue in full force and effect.
13.
THIS ADDENDUM,AND ANY AND ALL ATTACHMENTS HERETO, SHALL CONSTITUTE THIS
ENTIRE ADDENDUM, SHALL BE INCORPORATED INTO THE LOCAL ADMINISTRATIVE
AGREEMENT BETWEEN THE CONSTIUENT AGENCIES OF THE TEXAS ANTI-GANG CENTER
— NORTH TEXAS AGREEMENT, AND SHALL TAKE EFFECT UPON APPROVAL OF THE
GOVERNING BODY OF EACH PARTY TO THIS ADDENDUM AND EXECUTION BY EACH
AUTHORIZED REPRESENTATIVE. IN THE EVENT OF ANY CONFLICT BETWEEN THIS
ADDENDUM AND THE LAA, THIS ADDENDUM SHALL CONTROL.
CERTIFIED AND AGREED BY:
CITY OF NORTH RICHLAND HILLS:
RECIPIENT
4301 City Point Drive
North Richland Hills, Texas 76180
ATTEST:
❑ (check the box if$20,000 or less)
By: By:
North Texas Anti-Gang Center CA-CONTRACT NO.PD0013_20221213-Rev.1/4/2023
Regional Asset Transfer Addendum- [Name of Receiving Jurisdiction/Agency]
Texas Anti-Gang Center—North Texas
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Department Director Alicia Richardson, City Secretary
Jimmy Perdue Chief Governance Officer
Date: Date:
❑ (check the box if over$20,000)
By:
Mark Hindman
City Manager
Date:
APPROVED TO FORM AND LEGALITY:
By:
Maleshia B. McGinnis, City Attorney
CERTIFIED AND AGREED BY:
NAME OF RECEIVING JURISDICTION/AGENCY:
Street Address, City, State, Zip
By:
Signature
Printed Name and Title
Date
North Texas Anti-Gang Center CA-CONTRACT NO.PD0013_20221213-Rev.1/4/2023
Regional Asset Transfer Addendum- [Name of Receiving Jurisdiction/Agency]
Texas Anti-Gang Center—North Texas
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CERTIFIED AND AGREED BY:
NAME OF RECEIVING JURISDICTION/AGENCY:
Street Address, City, State, Zip
By:
Signature
Printed Name and Title
Date
North Texas Anti-Gang Center CA-CONTRACT NO.P130013_20221102
Regional Asset Transfer Addendum- [Name of Receiving Jurisdiction/Agency]
Texas Anti-Gang Center—North Texas
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RESOLUTION NO. 2022-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS AUTHORIZING THE APPLICATION
AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED
FOR THE TEXAS GOVERNOR'S HOMELAND SECURITY
DIVISION FY2023 NORTH TEXAS ANTI-GANG CENTER,
GRANT #2848908 SERVING AS THE FIDUCIARY AND
SPONSORING AGENCY
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
and make appointments for the conduct of business relative to the
Governor's Office Homeland Security Division (HSD) FY2023 North
Texas Anti-Gang Center, Grant #2848908; and
WHEREAS, The law enforcement agencies in the North Texas region desire to
continue the North Texas Anti-Gang Center in its mission to combat gang
violence in the Metroplex and surrounding areas through the coordination
of gang prevention, intervention, and suppression activities; and
WHEREAS, The City of North Richland Hills, as grantee, will coordinate and manage
the grant, to include payment and reimbursement of expenditures
necessary to continue the multi-agency North Texas Anti-Gang Center in
operational status, and will receive reimbursement for administrative costs
for time and resources dedicated to the grant and a maximum $10% of
eligible modified total direct costs in the FY23 grant application; and,
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills that we request the funds available under
this Program and to serve as a fiduciary and sponsoring agency for the
grant; and,
NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council of the City of North Richland Hills hereby finds that the
recitals set forth above are true and correct and are incorporated into this
Resolution as if written herein.
SECTION 2. The City Council of the City of North Richland Hills hereby authorizes and
approves the submission of the application and acceptance if awarded for
the Texas Governor's HSD FY2023 North Texas Anti-Gang Center
Program Grant #2848908.
SECTION 3. The City Council of the City of North Richland Hills designates Public
Safety Director Jimmy Perdue as the grantee's authorized official, with the
Resolution No. 2022-015
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power to apply for, accept, reject, alter or terminate the funding request on
behalf of the applicant agency.
SECTION 4. The City Council of North Richland Hills agrees that the loss or misuse of
HSD funds or failure to comply with all HSD award requirements may result
in suspension or termination of award funds, the repayment of award
funds, and/or other remedies available by law.
SECTION 5. That this Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved; and all Resolutions of
the City Council of the City in conflict herewith are hereby amended or
repealed to the extent of such conflict.
PASSED AND APPROVED on this 7t" day of March, 2022.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Public Safety Director
Resolution No. 2022-015
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Office of the Governor
Public
Criminal
. Justice
u . Division
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Homeland Security
. Division
Grantee Standard Conditions, Responsibilities
,
September 2021
Resolution 2023-011
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Grantee Standard Conditions and Responsibilities Office of the Governor
About This Document
In this document, grantees(also referred to as subrecipients) will find state and federal requirements
and conditions applicable to grant funds administered by the Office of the Governor (OOG). These
requirements and conditions are incorporated into the Grant Agreement accepted by a grant's
Authorized Official.
These requirements are in addition to those that can be found on the eGrants system—including the
Grant Application and Grant Award—or in documents identified there,to which grantees agreed when
applying for and accepting the grant. Other state and federal requirements and conditions may apply
to your grant,including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code;
Title 34, Part 1,Chapter 20,Subchapter E, Division 4 of the Texas Administrative Code;the Texas Grant
Management Standards (TxGMS) published by the Comptroller of Public Accounts; the state Funding
Announcement or Solicitation under which the grant application was made; for federal funding, the
Funding Announcement or Solicitation under which OOG was awarded funds; and any applicable
documents referenced in the documents listed above. For grants awarded from the U.S. Department
of Justice(DOJ),the current applicable version of the Department of Justice Grants Financial Guide and
any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency
Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants
Program Directorate apply.OOG reserves the right to add additional responsibilities and requirements,
with or without advance notice to the grantee.
It is important for grantees to review all of these policies to successfully manage their grant, maintain
eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result
in the revocation of funding or other actions.
For clarification or further information, please see the Guide to Grants and other support materials at
vttii�,s ZZeGi fiui�'its,,gov,,te)c,fius,,gov or contact the grant manager assigned to the relevant grant. If no grant
manager has been assigned,please contact the eGrants help desk via email at:eGrantsOgov.texas.gov,
or via telephone at: (512)463-1919 or dial 7-1-1 for relay services.
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Grantee Standard Conditions and Responsibilities Office of the Governor
`��"able of Contents
AboutThis Document......................................................................................................................................................1
1 Grant Agreement Requirements and Conditions.................................................................................................5
1.1 Applicability of Grant Agreement and Provisions....................................................................................5
1.2 Legal Authority to Apply................................................................................................................................5
1.3 Amendments and Changes to the Grant Agreement................................................................................5
1.4 General Responsibility....................................................................................................................................6
1.5 Terms and Conditions......................................................................................................................................6
1.6 Special Conditions............................................................................................................................................6
1.7 Public Information.............................................................................................................................................6
1.8 Remedies for Non-Compliance......................................................................................................................7
1.9 False Statements by Grantee........................................................................................................................8
1.10 Conflict of Interest Safeguards......................................................................................................................8
1.11 Fraud,Waste, and Abuse..............................................................................................................................9
1.12 Dispute Resolution.......................................................................................................................................... 10
1.13 Funds Limited by Agreement and Subject to Availability..................................................................... 1 1
MATermination of the Agreement.................................................................................................................... 11
1.15 Communication with Grantee...................................................................................................................... 12
1.16 Limitation of Liability.................................................................................................................................... 12
1.17 Liability for Taxes......................................................................................................................................... 12
1.18 Force Majeure................................................................................................................................................ 13
1.19 Debt to State.................................................................................................................................................. 13
1.20 Grantee an Independent Contractor......................................................................................................... 13
1.21 No Assignment of Rights or Obligations................................................................................................... 13
1.22 Funds Are for Sole Benefit of Grantee..................................................................................................... 14
1.23 Permission for Use of OOG Name and Labeling................................................................................... 14
1.24 Acknowledgement of Funding and Disclaimer......................................................................................... 14
1.25 Royalty-Free License..................................................................................................................................... 14
1.26 Project Period................................................................................................................................................. 15
1.27 Project Commencement................................................................................................................................ 15
1.28 Project Close Out........................................................................................................................................... 15
1.29 Federal Program Laws, Rules,and Guidelines........................................................................................ 15
1.30 Applicability of Part 200 Uniform Requirements for Federally Funded Awards............................ 16
1.31 Required State Assurances.......................................................................................................................... 16
2 Organizational Eligibility...................................................................................................................................... 16
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Grantee Standard Conditions and Responsibilities Office of the Governor
2.1 Good Standing for Eligible Grantees....................................................................................................... 16
2.2 System for Award Management (SAM) Requirements.......................................................................... 17
2.3 Criminal History Reporting.......................................................................................................................... 18
2.A Uniform Crime Reporting............................................................................................................................. 18
2.5 Immigration Related Matters...................................................................................................................... 18
2.6 E-Verify........................................................................................................................................................... 19
2.7 Deceptive Trade Practices Violations........................................................................................................ 19
2.8 Hurricane Contract Violations..................................................................................................................... 19
2.9 Terminated Contracts.................................................................................................................................... 19
2.10 Special Requirements for Units of Local Government............................................................................20
2.11 Special Requirements for Non-Profit Grantees.......................................................................................20
2.12 Special Requirements for Facilities or Entities that Collect Sexual Assault/Sex Offense Evidence
or Investigates/Prosecutes Sexual Assault or other Sex Offenses....................................................................21
2.13 Firearm Suppressor Regulation..................................................................................................................21
2.1 A Enforcement of Public Camping Bans........................................................................................................21
2.15 Prohibition on Agreements with Certain Foreign-Owned Companies in Connection with Critical
Infrastructure................................................................................................................................................................ 21
3 Civil Rights................................................................................................................................................................ 21
3.1 Compliance with Civil Rights and Nondiscrimination Requirements.....................................................21
3.2 Limited English Proficiency...........................................................................................................................23
3.3 Equal Employment Opportunity Plan........................................................................................................23
APersonnel.................................................................................................................................................................. 23
A.1 Overtime.........................................................................................................................................................23
A.2 Notification of Grant-Contingent Employees...........................................................................................2A
5 Travel........................................................................................................................................................................ 2A
5.1 Travel Policies................................................................................................................................................2A
6 Contracts and Procurement...................................................................................................................................2A
6.1 Procurement Practices and Policies............................................................................................................2A
6.2 Subcontracting...............................................................................................................................................2A
6.3 Buy Texas........................................................................................................................................................25
6.A Contract Provisions Under Federal Awards.............................................................................................25
7 Equipment Requirements.......................................................................................................................................25
7.1 Property Management and Inventory.......................................................................................................25
7.2 Maintenance and Repair.............................................................................................................................26
7.3 Automated License Plate Readers.............................................................................................................26
8 Information Technology.........................................................................................................................................26
8.1 Accessibility Requirements...........................................................................................................................26
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Grantee Standard Conditions and Responsibilities Office of the Governor
8.2 Criminal Intelligence System Operating Procedures..............................................................................27
8.3 Blocking Pornographic Material.................................................................................................................27
8.4 Cybersecurity Training.................................................................................................................................27
9 Indirect Costs...........................................................................................................................................................27
9.1 Approved Indirect Cost Rate......................................................................................................................27
9.2 De Minimis Rate.............................................................................................................................................28
10 Audit and Records Requirements....................................................................................................................28
10.1 Grantee Subject to Audits...........................................................................................................................28
10.2 Single Audit Requirements...........................................................................................................................28
10.3 Cooperation with Monitoring,Audits,and Records Requirements.......................................................28
10.4 Requirement to Address Audit Findings....................................................................................................30
10.5 Records Retention..........................................................................................................................................31
11 Prohibited and Regulated Activities and Expenditures..............................................................................32
11.1 Inherently Religious Activities......................................................................................................................32
11.2 Political Activities...........................................................................................................................................32
11.3 Generally Prohibited Expenditures...........................................................................................................33
11.4 Acorn................................................................................................................................................................ 34
11.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment..........34
12 Financial Requirements......................................................................................................................................34
12.1 Financial Status Reports...............................................................................................................................34
12.2 Approval of Financial Status Report.........................................................................................................34
12.3 Reimbursements..............................................................................................................................................35
12.4 Generally Accepted Accounting Principles..............................................................................................35
12.5 Program Income.............................................................................................................................................35
12.6 Refunds and Deductions...............................................................................................................................35
12.7 Liquidation Period.........................................................................................................................................36
12.8 Duplication of Funding..................................................................................................................................36
12.9 Supplanting.................................................................................................................................................... 36
13 Required Reports...............................................................................................................................................36
13.1 Measuring, Reporting,and Evaluating Performance.............................................................................36
13.2 Report Formats,Submissions, and Timelines.............................................................................................36
13.3 Failure to File Required Reports.................................................................................................................37
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Grantee Standard Conditions and Responsibilities Office of the Governor
1. Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is intended to be the full and complete expression of and constitutes the entire
agreement between the parties hereto with respect to the subject matter hereof and all prior and
contemporaneous understandings,agreements,promises,representations,terms and conditions,both
oral and written,are superseded and replaced by this Grant Agreement.
If any term or provision of this Grant Agreement is found to be invalid or unenforceable, such
construction shall not affect the legality or validity of any of its other provisions. The invalid term or
invalid provision shall be deemed severable and stricken from the Grant Agreement as if it had never
been incorporated herein, but all other provisions shall continue in full force and effect.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, maximum liability of OOG, cooperation and provision of additional
information, return of grant funds, audit rights, records retention, public information, disclaimers and
limitation of liability, indemnification, and any other provision implying survivability shall remain in
effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or
similar action has been or will be duly adopted or passed as an official act of the applicant's governing
body, authorizing the filing of the application, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official representative, or their
designee of the organization to act in connection with the application and to provide such additional
information as may be required.State agencies are not required to adopt a resolution.
.3 Amendments and Changes to the Grant Agreement
OOG and the grantee may agree to make adjustments to the grant budget and detailed budget as
documented in eGrants. Adjustments include, but are not limited to, modifying the scope of the grant
project, adding funds to previously un-awarded cost items or categories, or changing funds in any
awarded cost items or category or changing grant officials. OOG, at its sole discretion, and upon written
notice by OOG to the grantee of any proposed adjustment,and after the grantee has had an opportunity
to respond to the proposed adjustment, may adjust the grantee's Budget, Grant Narrative, Special
Conditions,Period of Performance,and/or any other items as deemed appropriate by OOG,at anytime,
during the term of this Grant Agreement.
The grantee has no right or entitlement to reimbursement with grant funds. OOG and grantee agree
that any act, action or representation by either Party,their agents or employees that purports to waive
or alter the terms of the Grant Agreement or increase the maximum liability of OOG is void unless a
written amendment to this Grant Agreement is first executed and documented in eGrants.The grantee
agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of OOG
in excess of the "Maximum Liability of the OOG" as set forth in the Statement of Grant Award (SOGA).
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in
eGrants to be binding upon the Parties.
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1.4 General Responsibility
The grantee is responsible for the integrity of the fiscal and programmatic management of the grant
project; accountability for all funds awarded; and compliance with OOG administrative rules, policies
and procedures, and applicable federal and state laws and regulations.
Grant funds may be used only for the purposes in the grantee's approved application. The recipient
shall not undertake any work or activities that are not described in the grant application, and that use
staff, equipment, or other goods or services paid for with grant funds, without prior written approval
from OOG.
The grantee will maintain an appropriate financial management and grant administration system to
ensure that all terms, conditions and specifications of the grant are met.
1.5 Terms and Conditions
The grantee will comply with the terms and conditions as set forth and required in the funding
announcement under which the approved application was submitted, the application, and award in
eGrants. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, the
grantee remains responsible for complying with these 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 the
grant agreement.The failure of OOG 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 OOG'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 grant agreement 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 grant
agreement.
To the extent the terms and conditions of this grant agreement 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 grant agreement and in all
cases, according to its fair meaning. The parties acknowledge that each party and its counsel have
reviewed this grant agreement and that any rule of construction to the effect that any ambiguities are
to be resolved against the drafting party shall not be employed in the interpretation of this grant
agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a
manner as to accomplish the purpose of the grant agreement.
1.6 Special Conditions
Special Conditions may be imposed by OOG, at its sole discretion and at any time, without amending
this Grant Agreement. Failure by OOG to provide notice does not absolve grantee of compliance with
any special conditions. OOG may place grantee on immediate financial hold, without further notice,
until all Special Conditions,if any, are met.
1.7 Public Information
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges
that the State of Texas,OOG,and this Grant Agreement are subject to the Texas Public Information Act,
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Texas Government Code Chapter 552(the"PIA").The grantee acknowledges that OOG will comply with
the PIA,as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas.
The grantee acknowledges that information created or exchanged in connection with this Grant
Agreement, including all reimbursement documentation submitted to COG, is subject to the PIA,
whether created or produced by the grantee or anythird party,and the grantee agrees that information
not otherwise excepted from disclosure under the PIA,will be available in a format that is accessible by
the public at no additional charge to OOG or State of Texas. The grantee will cooperate with OOG in
the production of documents or information responsive to a request for information.
Information provided by or on behalf of the grantee under,pursuant to,or in connection with this Grant
Agreement that the grantee considers proprietary, financial, trade secret, or otherwise confidential
information (collectively"Confidential Information")shall be designated as such when it is provided to
OOG or State of Texas or any other entity in accordance with this Grant Agreement. Merely making a
blanket claim that the all documents are protected from disclosure because they may contain some
proprietary or confidential information may not render the whole of the information confidential.Any
information which is not clearly identified as proprietary or confidential is subject to release in
accordance with the Act. OOG agrees to notify the grantee in writing within a reasonable time from
receipt of a request for information covering the grantee's Confidential Information. OOG will make a
determination whether to submit a Public Information Act request to the Attorney General.
The grantee agrees to maintain the confidentiality of information received from OOG or State of Texas
during the performance of this Grant Agreement, including information which discloses confidential
personal information particularly, but not limited to, personally identifying information, personal
financial information and social security numbers.
The grantee must immediately notify and provide a copy to OOG of any Public Information Request or
other third-party request for the disclosure of information it receives related to this Grant award.
1.8 Remedies,ior Non Compliance
If OOG determines that the grantee materially fails to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application,
a notice of award,or any other applicable requirement, OOG, in its sole discretion and consistent with
any applicable OOG Administrative Rules, may take actions including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by OOG;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating thisgrant;
5. Requiring return or offset of previous reimbursements;
6. Prohibitingthe grantee from applyingfor or receiving additional funds for other grant programs
administered by OOG until repayment to OOG is made and any other compliance or audit
finding is satisfactorily resolved;
7. Reducing the grant award maximum liability of OOG;
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8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
10. Withholding further awards;or
11. Taking other remedies or appropriate actions.
The grantee costs resulting from obligations incurred during a suspension or after termination of this
grant are not allowable unless OOG expressly authorizes them in the notice of suspension or
termination or subsequently.
OOG, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.9 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations,
warranties, guarantees, certifications and affirmations included in this grant agreement. If applicable,
the grantee will comply with the requirements of 31 USC § 3729, which set forth that no grantee of
federal payments shall submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are
false or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties,
guarantees,certifications or affirmations included in this grant agreement,then COG may consider this
act a possible default under this grant agreement and may terminate or void this grant agreement for
cause and pursue other remedies available to COG under this grant agreement and applicable law.
False statements or claims made in connection with OOG grants may result in fines,imprisonment,and
debarment from participating in federal grants or contract, and/or other remedy available by law,
potentially including the provisions of 38 USC§§3801-3812,which details the administrative remedies
for false claims and statements made.
1.10 Copffict 9f interest Sgfegu rrds
The 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,whether for themselves or others,particularly those with whom they have family,business,or other
ties.The grantee will operate with complete independence and objectivity without actual, potential, or
apparent conflict of interest with respect to its performance under this Grant Agreement.
The grantee must disclose, in writing, within fifteen (15) calendar days of discovery, any existing, actual
or potential conflicts of interest relative to its performance under this Grant Agreement.
The grantee is and shall remain in compliance during the term of this Grant Agreement with Texas
Government Code,Section 669.003, Contracting with Executive Head of State Agency; and Section 572,
Employment of Former State Officer or Employee of State Agency. The grantee certifies that it is not
ineligible to receive this Grant Agreement under Texas Government Code, section 2155.004, regarding
the financial participation by a person who received compensation from OOG or another state agency to
participate in preparing the specifications or request for proposals on which the bid or contract is based,
and acknowledges that this Grant Agreement may be terminated and payment withheld if this
certification is inaccurate.
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The grantee has not given or offered to give, nor does the 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 OOG,at any time during the award of this grant or in connection with
this Grant Agreement, except as allowed under relevant state or federal law. The grantee nor its
personnel or entities employed in rendering services under this grant agreement have, nor shall they
knowingly acquire,any interest that would be adverse to or conflict in any manner with the performance
of the grantee's obligations under this grant agreement.
1.11 Fraud, Waste, and Abuse
A. The grantee understands that OOG does not tolerate any type of fraud, waste, or misuse of funds
received from OOG. OOG's policy is to promote consistent, legal, and ethical organizational
behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations
of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions
will be taken.The grantee understands and agrees that misuse of award funds may result in a range
of penalties, including suspension of current and future funds, suspension or debarment from
federal and state grants, recoupment of monies provided under an award,and civil and/or criminal
penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of
funds received from COG that is made against the grantee,the grantee is required to immediately
notify OOG of said allegation or finding and to continue to inform OOG of the status of any such on-
going investigations. The grantee must also promptly refer to OOG any credible evidence that a
principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1)
submitted a claim for award funds that violates the False Claims Act; or(2) committed a criminal or
civil violation of laws pertaining to fraud,conflict of interest, bribery,gratuity,or similar misconduct
involving award funds. Grantees must also immediately notify OOG in writing of any
misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities
indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's
office of any possible criminal violations. Grantees must immediately notify OOG in writing if a
project or project personnel become involved in any litigation, whether civil or criminal, and the
grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits, or
indictments to OOG. If a federal or state court or administrative agency renders a judgement or
order finding discrimination by a grantee based on race,color, national origin,sex,age,or handicap,
the grantee agrees to immediately forward a copy of the judgement or order to OOG.
The grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to
OOG's Fraud Coordinator or Ethics Advisor at(512)463-1788 or in writing to: Ethics Advisor, Office
of the Governor, P.O. Box 12428,Austin,Texas 78711.
B. Restrictions and certifications regarding non-disclosure agreements and related matters. No
grantee or subgrantee under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an
internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to
prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an
investigative or law enforcement representative of a state or federal department or agency
authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified information),
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Form 4414 (which relates to sensitive compartmented information), or any other form issued by a
federal department or agency governing the nondisclosure of classified information.
1. In accepting this award,the recipient:
a. Represents that it 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 it learns or is notified that it 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 OOG, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that federal agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants") or
procurement contracts, or both:
a. It represents that:
i. It has determined that no other entity that the recipient's application proposes
may or will receive award funds (whether through a subaward ("subgrant"),
procurement contract, or subcontract under a procurement contract) either
requires or 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
ii. It has made appropriate inquiry, or otherwise has an adequate factual basis, to
support this representation;and
b. It certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor
entity that receives funds under this award 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 to or by that entity, will
provide prompt written notification to OOG, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by OOG.
These provisions apply to all grantees and subgrantees or subcontractors.
1.12 Dispute Resolution
The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and
will make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise
requested or approved in writing by OOG, the grantee shall continue performance and shall not be
excused from performance during the period any breach of Grant Agreement claim or dispute is
pending.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to
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this Grant Agreement,without regard to any otherwise applicable conflict of law rules or requirements.
Venue for any grantee-initiated action, suit, litigation or other proceeding arising out of or in any way
relating to this Grant Agreement shall be commenced exclusively in the Travis County District Court or
the United States District Court,Western District of Texas-Austin Division.Venue for any OOG-initiated
action,suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement
may be commenced in a Texas state district court or a United States District Court selected by OOG in
its sole discretion.
The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation.The 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 the 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.
1.13 Funds Limited by Agreement and Subject to Availability
The grantee agrees that nothing in this grant will be interpreted to create an obligation or liability of
OOG in excess of the funds delineated in this grant.The grantee agrees that funding for this grant is
subject to the actual receipt by OOG of grant funds(state and/or federal) appropriated to OOG for the
grant program.The grantee agrees that the grant funds, if any, received from OOG may be limited by
the term of each state biennium and by specific appropriation authority to and the spending authority
of OOG for the purpose of this grant.The grantee agrees that notwithstanding any other provision of
this grant, if OOG is not appropriated the funds or if OOG does not receive the appropriated funds for
this grant program, or if the funds appropriated to OOG for this grant program are required to be
reallocated to fund other federal or state programs or purposes, OOG is not liable to pay the grantee
the maximum liability amount specified in the SOGA or any other remaining balance of unpaid funds.
If OOG or the program fund becomes subject to legislative change, revocation of statutory authority,
lack of appropriated funds, or unavailability of funds which would render performance under this
grant agreement impossible,this grant agreement may be immediately terminated without recourse,
liability,or penalty against OOG upon written notice to grantee.
1.14 Termination of the Agreement
OOG may, at its sole discretion,terminate this Grant Agreement,without recourse, liability or penalty
against OOG, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term,condition or provision of this Grant Agreement,OOG may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination,and if no effective
date is specified,the effective date will be the date of the notification.
OOG and grantee may mutually agree to terminate this Grant Agreement. OOG in its sole discretion
will determine if, as part of the agreed termination, grantee is required to return any or all of the
disbursed grant funds.
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 Grant Agreement.Following termination by OOG,grantee shall
continue to be obligated to OOG for the return of grant funds in accordance with applicable provisions
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of this Grant Agreement. In the event of termination under this Section,OOG's obligation to reimburse
grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of
termination, and any allowable costs determined by COG in its sole discretion to be reasonable and
necessary to cost-effectively terminate the grant.Termination of this Grant Agreement for any reason
or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set
forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration.
1.15 Communication with Grantee
Notice may be given to the grantee via eGrants,email,hand-delivery,delivery service,or United States
Mail. Notices to the grantee will be sent to the name and address supplied by grantee in eGrants.
1.16 Limitation of Liability
To the extent allowed by law, the grantee agrees to indemnify and hold harmless OOG, the State of
Texas and its employees,agents,officers, representatives,contractors, and/or designees from any and
all liability,actions,claims,demands or suits whatsoever, including any litigation costs,attorneys'fees,
and expenses, relating to tax liability, unemployment insurance and/or workers' compensation in
grantee's performance under this grant agreement. The grantee shall be liable to pay all costs of
defense including attorneys' fees. The defense shall be coordinated by grantee with OOG and the
Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers,
representatives, contractors and/or designees are named defendants in any lawsuit and grantee may
not agree to any settlement without first obtaining the concurrence from OOG and the Office of the
Attorney General. The grantee and OOG agree to furnish timely written notice to each other of any
such claims.
The grantee further agrees to indemnify and hold harmless,to the extent allowed by law,the OOG,the
State of Texas and its employees,agents,officers, representatives,contractors,and/or designees from
any and all liability, actions, claims, demands, or suits, whatsoever, including any litigation costs,
attorneys' fees, and expenses, that arise from any acts or omissions of grantee or any of its officers,
employees, agents, contractors, and assignees, relating to this grant agreement regardless of whether
the act or omission is related to this grant agreement. The defense shall be coordinated by grantee,
OOG and the Office of the Attorney General when OOG, the State of Texas or its employees, agents,
officers, representatives, contractors and/or designees are named defendants in any lawsuit and
grantee may not agree to any settlement without first obtaining the concurrence from OOG and the
Office of the Attorney General. The grantee and OOG agree to furnish timely written notice to each
other of any such claims.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a
waiver by OOG, its officers, employees, agents, or contractors or the State of Texas of any privileges,
rights, defenses, remedies, or immunities from suit and liability that OOG or the State of Texas may
have by operation of law.
1.17 N iabiNity for Taxes
The grantee agrees and acknowledges that grantee shall be entirely responsible for the liability and
payment of grantee's and grantee's employees'taxes of whatever kind,arising out of the performances
in this Grant Agreement.The grantee agrees to comply with all state and federal laws applicable to any
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such persons, including laws regarding wages, taxes, insurance, and workers' compensation. OOG
and/or the State of Texas shall not be liable to the grantee, its employees, agents, or others for the
payment of taxes or the provision of unemployment insurance and/or workers' compensation or any
benefit available to a state employee or employee of OOG.
1.18 Force Majeure
Neither the grantee nor OOG shall be required to perform any obligation under this Grant Agreement
or be liable or responsible for any loss or damage resulting from its failure to perform so long as
performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts
or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural
disaster, or interruption of utilities from external causes. Each Party must inform the other in writing,
with proof of receipt,within three(3)business days of the existence of such force majeure,or otherwise
waive this right as a defense.
1.19 Debt to State
The grantee agrees, to the extent grantee owes any debt (child support or other obligation) or
delinquent taxes to the State of Texas,any payments grantee is owed under this Grant Agreement may
be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such
debt or delinquent taxes are paid in full.
1.20 Grantee an Independent Contractor
The 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 employee,
agent,servant,joint venturer,joint enterpriser or partner of OOG or the State of Texas.The grantee is
not a"governmental body"solely by virtue of this Grant Agreement or receipt of grant funds under this
Grant Agreement.All persons furnished, used, retained, or hired by or on behalf of the grantee or any
of the grantee's contractors shall be considered to be solely the employees or agents of the grantee or
the grantee's contractors.The 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. The grantee agrees to
take such steps as may be necessary to ensure that each contractor of the 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 OOG or the State of Texas. The grantee is responsible for all
types of claims whatsoever due to actions or performance under this Grant Agreement, 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.
1.21 No Assignment of Rights or Obligations
The grantee may not assign this Grant Agreement or any of its rights or obligations under this Grant
Agreement to any third party or entity.Any attempted assignment without OOG's prior written consent
is void and may result in the termination of this Grant Agreement.
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1.22 Funds Are for Sole Benefit of Grantee
It is expressly agreed that any solicitation for or receipt of funds of any type by the grantee is for the
sole benefit of the grantee and is not a solicitation for or receipt of funds on behalf of COG or the
Governor of the State of Texas.
.23 Permission for Use of OOG Name and Labeling
Other than the required statements listed in this document,grantee shall not use OOG's name or refer
to OOG directly or indirectly in any media release, public service announcement,or public service
disclosure relating to this Grant Agreement or any acquisition pursuant hereto, including in any
promotional or marketing materials,without first obtaining written consent from OOG.This Section is
not intended to and does not limit the grantee's ability to comply with its obligations and duties under
the Texas Open Meetings Act and/or the Texas Public Information Act.This Section is not intended to
and does not limit OOG's duties and obligations to report this Grant Agreement,any grant payments
made under this Grant Agreement,any contract compliance or performance information or other state
or federal reporting requirements applicable to OOG.
.24 Acknowledgement of Funding and Disclaimer
All publications, including websites, produced in full or in part with grant funds awarded by OOG must
include an acknowledgement of the funding and a disclaimer of non-endorsement by the funding
agency.In general,no publication may convey OOG's or any federal funding agency's(i.e.DOJ or FEMA)
official recognition or endorsement of the recipient's project simply based on having received funding.
For websites, the acknowledgement should be present somewhere on all major entry pages.
Acknowledgement language for grants made through state fund sources is below and language for
grants made through specific federal fund sources is included within the fund specific conditions memo.
For any state grant program: "This [website/report/study/project/etc.] is funded [insert "in part", if
applicable] through a grant from the Public Safety Office of the Texas Office of the Governor. Neither
the Office of the Governor nor any of its components operate, control, are responsible for, or
necessarily endorse, this website (including, without limitation, its content, technical infrastructure,
and policies, and any services or tools provided)."
1.2S Royalty-Free License
Pursuant to 2 CFR 200.315(b),the grantee may copyright any work that is subject to copyright and was
developed, or for which ownership was acquired, under this award. OOG (and the federal funding
agency, if the work is funded with a federal grant) reserves 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 state (or Federal) purposes:
A. Any work subject to copyright developed under an award or subaward;and
B. Any rights of copyright to which a grantee or subgrantee or subcontractor purchases ownership
with state(or Federal)support.
The recipient acknowledges that OOG (and the federal funding agency) have the right to:
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A. Obtain, reproduce, publish, or otherwise use the data first produced under an award or
subaward; and
B. Authorize others to receive, reproduce,publish or otherwise use such data for state(or federal)
purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision
52.227-14(Rights in Data-general).
It is the responsibility of the grantee (and of each subgrantee or subcontractor if applicable)to ensure
that this condition is included in any subaward under this award.The grantee has the responsibility to
obtain from subgrantees, contractors,and subcontractors(if any) all rights and data necessary to fulfill
the recipient's obligations to the Government under this award. If a proposed subgrantee contractor,
or subcontractor refuses to accept terms affording the Government such rights,the grantee shall
promptly bring such refusal to the attention of the OOG program manager for the award and not
proceed with the agreement in question without further authorization from OOG.
.26 Project Period
The performance period for this Grant is listed on the Statement of Grant Award. All goods must be
obligated and all services must be received within the performance period. COG will not be obligated
to reimburse expenses incurred after the performance period.
.27 Project Commencement
The grantee must take reasonable steps to commence project activities upon receiving notice of a grant
award. If a project is not operational within 90 days of the original start date of the award period or grant
award date as noted on this memorandum, whichever is later, the grantee must submit a statement to
COG explaining the implementation delay. Upon receipt of the 90-day letter,COG may cancel the project
and redistribute the funds to other project areas. OOG may also, where extenuating circumstances
warrant, extend the implementation date of the project past the 90-day period.
1.28 Project Close Out
OOG will close-out the grant award when it determines that all applicable administrative actions and
all required work of the Grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award. Submission of the final Financial Status Report will initiate grant close
out with OOG.
The grantee must promptly refund any balances of unobligated cash that OOG paid in advance or paid
and that are not authorized to be retained by the grantee for use in other projects.
1.29 Federal Program Laws, Rules, and Guidelines
The grantee must comply with applicable provisions of federal and state law and regulations,terms
and conditions applicable to the federal awards providing funding for the grant award, and any
applicable program guidelines,which may include:
A. The Omnibus Crime Control and Safe Streets Act of 1968(as amended -42 U.S.0 3711 etseq.);
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B. Victims of Crime Act(VOCA) program guidelines,including the VOCA Final Rule effective August 8,
2016 and included in 28 CFR 94;
C. Violence Against Women Act (VAWA) relevant statutory and regulatory requirements, including
the Violence Against Women Act of 1994(P.L., 103-322),the Violence Against Women Act of 2000
(P.L. 106-386), the Violence Against Women and Department of Justice Reauthorization Act of
2005 (P.L. 109-162), the Violence Against Women Reauthorization Act of 2013 (P.L. 113- 4), the
Office on Violence Against Women's (OVW) implementing regulations at 28 CFR Part 90, OVW's
general terms and conditions available at 1191f;,11II���,��� � op�i ��,1f�uce iakg & WZiakufi,oritees (these do not
supersede any specific conditions in the grant agreement), and the financial and administrative
requirements set forth in the current edition of the Office on Violence Against Women (OVW)
Financial Grants Management Guide;
D. The provisions of the current edition of the Department of Justice Grants Financial Guide;
E. If the grantee uses grant funds to undertake research involving human subjects,the grantee may
be subject to Department of Justice(DOJ)Office of Justice(OJP)policies and requirements adopted
by OOG related to human subjects found in 28 CFR Part 46;
F. Section 2002 of the Homeland Security Act of 2002,as amended (P.L. 107-296) (6 U.S.C. §603);
G. If grantee receives a grant award in excess of$150,000, it will comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.§7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
Any subgrants or contracts made by the grantee in excess of$150,000 must contain this provision.
H. All other applicable Federal laws,orders, circulars, or regulations.
.30 Applicability of Part 200 Uniform Requirements for Federally Funded Awards
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200
apply to any grants funded through an award from a Federal agency.
.31 Required State Assurances
The grantee must comply with the applicable State Assurances included within TxGMS,which are
incorporated here by reference in the award terms and conditions.
Organizational IIE.11 i illt
2.1 Good Standing for FNigi Ne Grantees
A. The grantee is in good standing under the laws of the State in which it was formed or organized,
and has provided OOG with any requested or required documentation to support this certification.
B. The grantee agrees to remain in good standing with any state or federal governmental bodies
related to the grantee's right to conduct its business in Texas,including but not limited to the Texas
Secretary of State and the Texas Comptroller of Public Accounts, as applicable.
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C. The grantee owes no delinquent taxes to any taxing unit of this State as of the effective date of this
Grant Agreement.
D. The grantee is non-delinquent in its repayment of any Federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See
OMB Circular A-129 for additional information and guidance.
E. The grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to
perform its obligations under this Grant Agreement,without costs toOOG.
F. The grantee is currently in good standing with all licensing, permitting or regulatory bodies that
regulate any or all aspects of grantee's business or operations.
G. The grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any
other applicable local ordinance or state or federal laws.
H. The grantee shall comply with any applicable federal, state, county, local and municipal laws,
ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with its
obligations under this Grant Agreement.
I. The grantee does not have any existing claims against or unresolved audit exceptions with the State
of Texas or any agency of the State of Texas.
2.2 System for Award Management(SAM)Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System
for Award Management (SAM) (or with a successor government-wide system officially designated
by OMB and, if applicable, the federal funding agency). These requirements include maintaining
current registrations and the currency of the information in SAM. The grantee will review and
update information at least annually until submission of the final financial report required under
the award or receipt of final payment,whichever is later,as required by 2 CFR Part 25.
B. Applicable to this Grant Agreement is the President's Executive Order(EO) 13224, Executive Order
on Terrorist Financing-Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent
changes made to it via cross-referencing respondents/vendors with the Federal General Services
Y g (SAM), I,. LII°4' :.;. !, ,, ,, .: ,fie9.R`:1N::rL::R'I'k. , which is inclusive
Administration's System for Award Management SAM h„v,lf,;�l,
of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated
National (SDN) list.
C. The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award
(see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management(SAM)", in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority. The grantee certifies it will verify each vendor's status to
ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by
checking the SAM before doing/renewing business with that vendor.
D. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and
have not been subjected to suspension, debarment, or similar ineligibility determined by any
federal,state or local governmental entity and the grantee is in compliance with the State of Texas
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statutes and rules relating to procurement and that the grantee is not listed on the federal
government's terrorism watch list as described in Executive Order13224.
2.3 Criminal 1-fistory Reporting
Counties or other governmental entities required to maintain and report criminal history records per
the Texas Code of Criminal Procedure, Ch. 60, must maintain compliance with that statute and
Governor's Executive Order GA-07, Order 8, in order to obtain or maintain eligibility for OOG grant
funds.
2.4 Uniform Crime Reporting
Local units of governments operating a law enforcement agency must be current on reporting complete
UCR data and the Texas specific reporting mandated by 411.042 TGC,to the Texas Department of Public
Safety(DPS)for inclusion in the annual Crime in Texas(CIT) publication.To maintain eligibility for
funding,grantees must have submitted a full twelve months of accurate data to DPS for the most recent
calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting,
grantees are required to submit complete and accurate UCR data, as well as the Texas-mandated
reporting,on a no less than monthly basis and respond promptly to requests from DPS related to the
data submitted.
2.5 Immigration Related Matters
Local units of government,including cities, counties and other general purpose political subdivisions,as
appropriate, and institutions of higher education that operate a law enforcement agency, must comply
with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security
("DHS")to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's
custody; and (2) detain such illegal aliens in accordance with requests by DHS.Additionally, counties
and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or
bound by, any law, rule, policy, or practice(written or unwritten)that would: (1) require or authorize
the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from
detection fugitives from justice or aliens illegally in the United States; or(2) impede federal officers
from exercising authority under 8 U.S.C.§ 1226(a), § 1226(c),§ 1231(a), § 1357(a), § 1366(1), or§
1366(3).
Local units of government,including cities, counties and other general purpose political subdivisions,as
appropriate, and institutions of higher education that operate a law enforcement agency, must comply
with all provisions, policies, and penalties found in Chapter 752,Subchapter C of the Texas Government
Code which prohibits local entity or campus police departments from: (1) adopting, enforcing,or
endorsing a policy under which the entity or department prohibits or materially limits the enforcement
of immigration laws; (2) as demonstrated by pattern or practice, prohibiting or materially limiting the
enforcement of immigration laws; or(3) for an entity that is a law enforcement agency or for a
department, as demonstrated by pattern or practice, intentionally violate Article 2.251,Code of
Criminal Procedure.
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2.6 E.-Verify
A. The grantee shall comply with the requirements of the Immigration Reform and Control Acts of
1986 and 1990("IRCA") regarding employment verification and retention of verification forms for
any individuals hired on or after November 6, 1986, who will perform any labor or services in the
United States of America under this Grant Agreement, if any, and the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996("IIRIRA") enacted on September 30,1996.
B. The grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this
Grant Agreement,the U.S. Department of Homeland Security's E-Verify system to determine the
eligibility of:
1. All persons employed to perform duties within Texas,during the term of the Grant;and
2. All persons employed or assigned by the grantee to perform work pursuant to the
Grant Agreement,within the United States of America.
If this certification is falsely made,the Grant Agreement may beterminated.
C. If applicable, grantee will comply with Executive Order RP-80 regarding the U.S. Department of
Homeland Security's E-Verify system.
2.7 Deceptive grade Practices Violations
The grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade
Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any
unfair business practice in any administrative hearing or court suit and that the grantee has not been
found to be liable for such practices in such proceedings. The grantee certifies that it has no officers
who have served as officers of other entities who have been the subject of allegations of Deceptive
Trade Practices violations or allegations of any unfair business practices in an administrative hearing or
court suit,and that such officers have not been found to be liable for such practices in such proceedings.
The grantee shall notify OOG in writing within five (5) calendar days if grantee or any of its officers are
subject to allegations of Deceptive Trade Practices or are the subject of alleged violations of any unfair
business practices in an administrative hearing or court suit,and that the grantee or officers have been
found to be liable for such practices in such proceedings.
2.8 h1urrlcane Contract Violations
Texas law prohibits OOG from awarding a contract to any person who, in the past five years, has been
convicted of violating a federal law or assessed a penalty in connection with a contract involving relief
for Hurricane Rita, Hurricane Katrina, Hurricane Harvey, or any other disaster, as defined by section
418.004 of the Texas Government Code, occurring after September 24, 2005. Under section 2155.006
and 2261.053 of the Texas Government Code,the grantee certifies that the entity named in this Grant
Agreement is not ineligible from entering into this Grant Agreement and acknowledges that this Grant
Agreement may be terminated and payment withheld or return of grant funds required if this
certification is inaccurate orfalse.
2.9 Terminated Contracts
The grantee has not had a contract terminated or been denied the renewal of any contract for non-
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compliance with policies or regulations of any state or federally funded program within the past five
(5)years nor is it currently prohibited from contracting with a governmental agency.If the grantee does
have such a terminated contract,the grantee shall identify the contract and provide an explanation for
the termination. The grantee acknowledges that this Grant Agreement may be terminated and
payment withheld or return of grant funds required if this certification is inaccurate or false.
2.10 Special Requirements for Units of Local Government
Grant funds may not be expended by a unit of local government unless the following limitations and
reporting requirements are satisfied:
A. Texas General Appropriations Act, Art. IX, Parts 2, 3, and 5, except there is no requirement for
increased salaries for local government employees;
B. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any
money or vehicle to support the candidacy of any person for office, influencing positively or
negatively the payment, loan, or gift to a person or political organization for a political purpose,
and using grant funds to influence the passage or defeat of legislation including not assisting
with the funding of a lobbyist, or using grant funds to pay dues to an organization with a
registered lobbyist;
C. Texas Government Code,Sections 2113.012 and 2113.101,which prohibits using grant funds to
compensate any employee who uses alcoholic beverages on active duty and grantee may not
use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel
expense for an alcoholic beverage;
2.11 Special Requirements for Non Profit Grantees
Each non-profit corporation receiving funds from OOG must obtain and have on file a blanket fidelity
bond that indemnifies OOG against the loss or theft of the entire amount of grant funds, including
matching funds.The fidelity bond should cover at least the OOG grant period.
By accepting funds under this award,any non-profit grantee certifies and affirmatively asserts that it is
a non-profit organization and that it keeps on file, and is available upon audit,either:
A. A copy of the recipient's 501(c)(3) designation letter;
B. A letter from the State of Texas stating that the recipient is a non-profit organization operating
within Texas; or
C. A copy of the grantee's Texas certificate of incorporation that substantiates its non-profitstatus.
Grantees that are local non-profit affiliates of state or national non-profits should have available proof
of(1), (2), or (3), and a statement by the state or national parent organization that the recipient is a
local non-profit affiliate.
Non-profit recipients of Victims of Crime Act(VOCA)funding that are not a 501(c)(3)organization finally
certified by the Internal Revenue Service must make their financial statements available online.
Church, mosque, and synagogue recipients of Nonprofit Security Grant Program funding are not
required to apply for and receive a recognition of exemption under section 501(c)(3). Such
organizations are automatically exempt if they meet the requirements of section 501(c)(3).
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2.12 Special Requirements for Facilities or Entitles that Collect Sexual Assault/Sex Offense Evidence or
Investigates/Prosecutes Sexual Assault or other Sex Offenses
Texas Government Code,Section 420.034, requires any facility or entity that collects evidence for
sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense
for which evidence has been collected,to participate in a statewide electronic tracking system
developed and implemented by the Texas Department of Public Safety. Failure to comply with the
requirements of Chapter 420,Subchapter B or Subchapter B-1,of the Texas Government Code may be
used to determine ongoing eligibility for receiving OOG grant funds.
2.13 Firearm Suppressor Regulation
Texas Government Code,Section 2.103, prohibits state agencies, municipalities,counties,special
districts or authorities, as defined in Section 2.101 of the Texas Government Code,from receiving state
grant funds if the entity adopts a rule, order, ordinance, or policy that enforces or allows the
enforcement of a federal law that purports to regulate a firearm suppressor if the federal statute,
order, rule or regulation imposes a prohibition, restriction,or other regulation that does not exist
under the laws of the State of Texas.
2.14 Enforcement of Public Camping Bans
Texas Government Code,Section 364.004, prohibits municipalities or counties, as defined in Section
364.001 of the Texas Government Code,from receiving state grant funds if a judicial determination is
made that the local entity adopts or enforces a policy, as described in Section 364.002 of the Texas
Government Code,that prohibits or discourages the entity from the enforcement of any public
camping ban.
2.15 Prohibition on Agreements with Certain Foreign Owned Companies In Connection with Critical
Infrastructure
Texas Government Code, Chapter 113 and Section 2274.0102, prohibits an entity or company from
entering into an agreement with a company or entity that is headquartered in,owned by,or the
majority of stock is held or controlled by China, Iran, North Korea, Russia or a country designated by the
governor as a threat to critical infrastructure, as defined in Section 113.001 or Section 2274.0101 of the
Texas Government Code, if the agreement is related to and grants access to or control of critical
infrastructure in the State of Texas.
Civil Rights
3.1 Compliance with Civil Rights and Nondiscrimination Requirements
A. The grantee will comply with all State and Federal statutes relating to civil rights and
nondiscrimination and ensure, in accordance with federal civil rights laws, that the grantee shall
not retaliate against individuals for taking action or participating in action to secure rights protected
by these laws.
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B. The grantee will comply, and all its contractors and subgrantees will comply, with all federal
statutes and rules relating to civil rights and nondiscrimination. These include but are not limited
to:
1. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race,color or national origin;
2. Title IX of the Education Amendments of 1972,as amended(20 USC§§1681-1683,and 1685-
1686),which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits
discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990(42
USC§12131-34);
4. The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on
the basis of alcohol abuse or alcoholism;
7. Sections§§ 523 and 527 of the Public Health Service Act of 1912 (42 USC 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 USC § 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing;
9. Title I,II,and III of the Americans with Disabilities Act of 1990,which prohibits discrimination
against individuals with disabilities;
10. Any other nondiscrimination provisions in the specific statute(s) or the state or federal
solicitation orfunding announcement under which application for grant funds is being made,
including but not limited to:
L Section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of
1968(codified at 34 U.S.C. 10228(c); see also 34 U.S.C. 11182(b)),
ii. Section 1407(e) of the Victims of Crime Act of 1984 (codified at 34 U.S.C.
20110(e))
iii. Section 40002(b)(13) of the Violence Against Women Act of 1994 (codified at
34 U.S.C. 12291(b)(13))
C. A nondiscrimination provision that deals with discrimination in employment on the basis of religion
is read together with the pertinent provisions of the Religious Freedom Restoration Act of 1993. As
a result, even if an otherwise-applicable nondiscrimination provision states that a recipient or
subrecipient may not discriminate in employment based on religion,an OJP recipient or subrecipient
that is a faith-based organization may consider religion in hiring, provided it satisfies particular
requirements. Additional information on those requirements can be found at
�IIIIII���I. ��.Illl�ia��� i�i�uvrluu�ia„ I Il�ll��ue...���iakfiull� „ ��ir i ii iillp ulakll�ll�p ,�ml�iliiu�'u`:a�:��u�11� 11911iu�:iP
D. Collectively,these federal laws prohibit a grantee from discriminating either in employment(subject
to the exemption for certain faith-based organizations discussed in C. above) or in the delivery of
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services or benefits on the basis of race,color, national origin,sex, religion,or disability.
E. In the event any federal or state court or federal or state administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin
(including limited English proficiency), or sex against the grantee, or the grantee settles a case or
matter alleging such discrimination,the grantee must forward a copy of the complaint and findings
to OOG and, as applicable, the Office of Justice Programs Office for Civil Rights (OCR), or the DHS
awarding office and the DHS Office of Civil Rights and Civil Liberties.
F. All recipients of Department of Justice Grants must review the Information on Civil Rights for
grantees posted on the eGrants website. More information on Civil Rights and Nondiscrimination
requirements for grantees receiving funding originating from the Department of Justice can be
found at 9tt.p5,ZZg.11.p ggy/fi'U,II„gil,:jt/o, irz� re::,:�tii,,jtes 9ti,i°"i.
3.2 Limited r:ngfish Proficiency
The grantee will comply with Title VI of the Civil Rights Act of 1964, which prohibits grantees from
discriminating on the basis of national origin in the delivery of services or benefits, entailstaking
reasonable steps to ensure that persons with limited English proficiency(LEP) have meaningful access
to funded programs or activities.An LEP person is one whose first language is not English and who has
a limited ability to read, write, speak, or understand English. Meaningful access may entail providing
language assistance services, including oral interpretation and written translation,where necessary. In
order to facilitate compliance with Title VI,grantees are encouraged to consider the need for language
services for LEP persons served or encountered in developing program budgets. More information can
be found at
3.3 equal rmPNoyment Opportunity Plan
All recipients of Department of Justice grants must submit the Equal Employment Opportunity Plan
(EEOP) certification information to the Office of Civil Rights, Office of Justice Programs through their
on-line �
"E�(,,)f;�'....ft l .2.±�irlg..r..o.�o..L For more information and guidance on how to complete and submit the
federal EEOP certification information, please visit the US Department of Justice, Office of Justice
Programs website at ..v.?I���t[,,,j.....Z&,l ire..u°° °..i°...:.�1.�....L.L.�I��.i!`:?�:�.•
The grantee acknowledges that failure to submit an acceptable EEOP(if recipient is required to submit
one),that is approved by the Office for Civil Rights,is a violation of the Grant Agreement and may result
in suspension or termination of funding, until such time as the recipient is in compliance.
4 Personnel
4.1 Overtime
Overtime is allowable to the extent that it is included in the OOG-approved budget,the grantee agency
has an overtime policy approved by its governing body, and both grant-funded and non-grant funded
personnel are treated the same with regards to the application of overtime policy(ies). In addition, in
no case is dual compensation allowable. That is, an employee of a grantee agency may not receive
compensation for hours worked (including paid leave) from his/her agency AND from an award for a
single period of time, even though such work may benefit both activities. Overtime payments issued
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outside of these guidelines are the responsibility of the grantee agency.
4.2 Notification of Grant..Contingent Employees
Staff whose salaries are supported by this award must be made aware that continued funding is
contingent upon the availability of appropriated funds as well as the outcome of the annual application
review conducted by OOG.
"Travel
Sol ravel Policies
The grantee must follow their established policies and good fiscal stewardship related to travel
expenses. If the grantee does not have established written policies regarding in-state and out-of-state
travel,grantee must use the travel guidelines established for state employees.
Contracts t
6.1 Procurement Practices and Policies
The grantee must follow applicable Federal and State law, Federal procurement standards specified in
regulations governing Federal awards to non-Federal entities, their established policy, and best
practices for procuring goods or services with grant funds. Contracts must be routinely monitored for
delivery of services or goods.
A. Procurement (contract) transactions should be competitively awarded unless circumstances
preclude competition.
B. When any contractual or equipment procurement is anticipated to be in excess of Simplified
Acquisition Threshold, grantees must submit a Procurement Questionnaire
,�,� to OOG for approval prior to procurement. Grantees
must ensure these contracts address administrative, contractual, or legal remedies in instance
where contractors violate or breach contract terms and provide for such sanctions and penalties as
appropriate.
C. When contractual or equipment procurement is anticipated to be in excess of$10,000, grantees
must address termination for cause and for convenience by the grantee including the manner by
which it will be affected and the basis for settlement.
6.2 Subcontracting
The grantee may not subcontract any of its rights or duties under this Grant Agreement without the
prior written approval of OOG. It is within OOG's sole discretion to approve any subcontracting. In the
event OOG approves subcontracting by the grantee, the grantee will ensure that its contracts with
others shall require compliance with the provisions of this Grant Agreement to the extent compliance
is needed to support the grantee's compliance with this Grant Agreement. The 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 Grant
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Agreement and that COG shall not be liable in any manner to any grantee subcontractor.
6.3 Buy Texas
If applicable with respect to any services purchased pursuant to this Grant Agreement,the grantee will
buy Texas products and materials for use in providing the services authorized herein when such
products and materials are available at a comparable price and within a comparable period of time
when compared to non-Texas products and materials.
6.4 Contract Provisions Under Federal A wards
All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR
200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards.
'7 IE;: i nt Requirements
7.1 Property Management and Inventory
The grantee must ensure equipment purchased with grant funds is used for the purpose of the Grant
and as approved by COG.The grantee must develop and implement a control system to prevent loss,
damage or theft of property and investigate and document any loss, damage or theft of property
funded under this Grant.
The grantee must account for any real and personal property acquired with grant funds or received
from the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316
Property trust relationship and 200.329 Reporting on real property. This documentation must be
maintained by the grantee, according to the requirements listed herein, and provided to OOG upon
request, if applicable.
When original or replacement equipment acquired under this award by the grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the
federal awarding agency or OOG,the grantee must make proper disposition of the equipment pursuant
to 2 CFR 200 orTxGMS, as applicable.
The grantee shall not give any security interest, lien or otherwise encumber any item of equipment
purchased with grant funds.
The grantee will maintain specified equipment management and inventory procedures for equipment
(including replacement equipment), whether acquired in whole or in part with grant funds, until
disposition takes place, with a per-unit cost of $5,000 or greater, any firearms, any items on the
Prohibited or Controlled Expenditures list, and the following equipment with costs between $500 and
$4,999: sound systems and other audio equipment, still and video cameras, TVs, video
players/recorders,desktop computers, laptop computers,data projectors,smartphones,tablets,other
hand held devices, mobile/portable radios, and unmanned aerial vehicle (UAV) drones. (See Texas
Government Code, Sec. 403.271(b) for further information. Users of these standards should contact
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the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's State
Property Accounting Process User's Guide,Appendix A, available on the internet,for the most current
listing.)The equipment and inventory proceduresinclude:
A. The grantee must keep an inventory report on file containing equipment purchased with any
grant funds during the grant period.The inventory report must agree with the approved grant
budget and the final Financial Status Report and shall be available to OOG at all times upon
request.
B. At least every two (2) years, grantee must take a physical inventory and reconcile the results
with property records.
C. The grantee must maintain property/inventory records which, at minimum, include a
description of the property, a serial number or other identification number, the source of
property, who holds title, the acquisition date, the cost of the property, the percentage of
Federal participation in the cost of the property, the location, use and condition of the
property, and any ultimate disposition data including the date of disposal and sale price ofthe
property.
D. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed
to the equipment.
Upon termination of this Grant Agreement,title, use,and disposal of equipment by the grantee shall be
in conformity with TxGMS; however, as between OOG and the grantee title for equipment will remain
with the grantee, unless TxGMS requires otherwise.
7.2 Maintenance and Repair
The 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 the grantee is
indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the
equipment purchased under this Grant Agreement, the grantee shall use the proceeds to repair or
replace said equipment.
7.3 Automated License Plate Readers
Any grantee requesting funds for Automated License Plate Readers(ALPR) must have a written policy
regarding use of the ALPR and related data retention.Subrecipients also must enter into a User
Agreement with the Texas Department of Public Safety(DPS), Crime Records Division to gain access to
the Texas Automated License Plate Reader(LPR) Database so that data may be shared among all
participating local,state,and federal agencies. DPS Crime Records Division will provide written
certification of your jurisdiction's participation upon request. Grantees must provide OOG with a copy
of the certification received from DPS Crime Records Division.
Information "Technology
8.1 Accessibility Requirements
If applicable,the grantee will comply with the State of Texas Accessibility requirements for Electronic
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and Information Resources specified in Title 1, Chapter 213 of the Texas Administrative Code when
such products are available in the commercial marketplace or when such products are developed in
response to a procurement solicitation. Likewise, if applicable, the grantee shall provide the Texas
Department of Information Resources (DIR) with the URL to its Voluntary Product Accessibility
Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based
on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the
product/service accessibility information is available from the General Services Administration 'Buy
Accessible Wizard" A company not listed with the 'Buy Accessible
Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same
accessibility criteria in substantively the same format. Additional information regarding the 'Buy
Accessible Wizard"or obtaining a copy of the VPAT is located at
.2 Criminal Intelligence System Operating Procedures
Any information technology system funded or supported by these funds must comply with 28 CFR Part
23, Criminal Intelligence Systems Operating Policies. Any grant-funded individual responsible for
entering information into or retrieving information from an intelligence database must complete
continuing education training on operating principles described by 28 CFR Part 23 at least once for each
continuous two-year period that the person has responsibility for entering data into or retrieving data
from an intelligence database.
.3 Blocking Pornographic Material
The recipient understands and agrees that-(a) No award funds may be used to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchanging of
pornography,and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal,State,
tribal, or local law enforcement agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
.4 C°y ersecarlty Training
Local units of governments must comply with the Cybersecurity Training requirements described in
Section 772.012 and Section 2054.5191 of the Texas Government Code.Local governments determined
to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the
Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the
local government is determined ineligible.
Indirect Costs
9.1 Approved Indirect Cost Rate
If indirect costs are allowable under an award, the Indirect Cost Budget Category will be available on
the Budget tab. Grantees choosing to apply indirect costs to the award (except for those choosing to
use a de minimis rate as described in 2 CFR § 200.414(f)) must have an approved indirect cost rate
agreement with their cognizant agency (see 2 CFR § 200 Appendix III-VII for assigned cognizant
agencies). A copy of the approval letter from the cognizant agency must be uploaded to the grant
application for the grantee to be eligible for the indirect cost rate for the associated award.
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The indirect cost rate cited in the budget denotes the approved indirect rate at the time the grant was
awarded.It is the grantee's responsibility to ensure the appropriate indirect rate is charged throughout
the term of the grant award even if the approved indirect rate expires or changes during the grant
period. Indirect costs are subject to monitoring and the grantee must be able to produce evidence of
an approved indirect cost rate upon request.
9.2 De Minimis Rate
In accordance with 2 CFR§200.414(f) and TxGMS, grantees of federal or state funds that do not have
a current negotiated (including provisional) rate may elect to charge a de minimis rate of 10% of
modified total direct costs,which may be used indefinitely.A grantee that elects to use the de minimis
indirect cost rate, must advise OOG in writing, in the grant application, before any such funds are
obligated of its election, and must comply with all associated requirements in 2 CFR § 200.414(f) and
TXGMS.
1.0 Audi s Requirements
10.1 Grantee Subject to udit.s
The grantee understands and agrees that grantee is subject to relevant audit requirements present in
state or federal law or regulation or by the terms of this award. For federally funded grants, audit
requirements can be found in 2 CFR Part 200 or OMB Circular A-133. For state funded awards, audit
requirements can be found in the TxGMS.
0.2 Single Audit Requirements
Any grantee expending more than $750,000 in state or $750,000 in federal funds in a fiscal year is
subject to Single Audit Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements or the
requirements in TxGMS.
The audit must be completed and the data collection and reporting package described in 2 CFR 200.512
must be submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of
the auditor's report(s), or nine months after the end of the audit period,whichever is earlier.
Grantees who are not required to have an audit for the grantee's fiscal year in which the state or federal
awards were made or expended,shall so certify in writing to OOG.The grantee's chief executive officer
or chief financial officer shall make the certification within 60 days of the end of the grantee's fiscal
year.
0.3 Cooperation with Monitoring,Audits, and Records Requirements
A. In addition to and without limitation on the other audit provisions of this Grant Agreement,pursuant
to Section 2262.154 of the Texas Government Code,the State Auditor's Office or successor agency,
may conduct an audit or investigation of the grantee or any other entity or person receiving funds
from the State directly under this Grant Agreement or indirectly through a subcontract under this
Grant Agreement. The acceptance of funds by the grantee or any other entity or person directly
under this Grant Agreement or indirectly through a subcontract under this Grant Agreement acts as
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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, the grantee or another entity that is the subject of an audit or
investigation by the State Auditor's Office shall provide the State Auditor's Office with prompt access
to any information the State Auditor's Office considers relevant to the investigation or audit. The
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. The grantee shall ensure that this
paragraph concerning the authority to audit funds received indirectly by subcontractors through the
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 the grantee related to
this Grant Agreement. This Grant Agreement may be amended unilaterally by OOG to comply with
any rules and procedures of the State Auditor's Office in the implementation and enforcement
Section 2262.154 of the Texas Government Code.
B. The grantee agrees to comply with the grant monitoring guidelines, protocols, and procedures
established by OOG and any federal funding agency, and to cooperate with COG and any relevant
federal agency generally,including on any compliance review or complaint investigation conducted
by the Federal sponsoring agency or OOG and on all grant monitoring requests, including requests
related to desk reviews and/or sitevisits.
C. The grantee shall maintain adequate records that enable OOG and any relevant federal agency to
complete monitoring tasks,including to verify all reporting measures,requests for reimbursements,
and expenditure of match funds related to this Grant Agreement.The grantee shall maintain such
records as are deemed necessary by OOG,the State Auditor's Office, other auditors of the State of
Texas,the federal government or such other persons or entities designated or authorized by OOG
to ensure proper accounting for all costs and performances related to this GrantAgreement.
D. OOG may request documented proof of payment.Acceptable proof of payment includes, but is not
necessarily limited to,a receipt or other documentation of a paid invoice,a general ledger detailing
the specific revenue and expenditures, a monthly bank statement evidencing payment of the
specific expenditure, bank reconciliation detail,copies of processed checks, or a printed copy of an
electronic payment confirmation evidencing payment of the specific expenditure to which the
reimbursement relates.
E. The grantee authorizes OOG,the State Auditor's Office,the Comptroller General,and any relevant
federal agency, and their representatives, the right to audit, examine, and copy all paper and
electronic records, books, documents, accounting procedures, practices, and any other requested
records, in any form; relevant to the grant, the operation and management of the grantee, and
compliance with this grant agreement and applicable state or federal laws and regulations;and will
make them readily available upon request. The grantee will similarly permit access to facilities,
personnel, and other individuals and information as may be necessary.
F. If requested,the grantee shall submit to OOG a copy of its most recent independent financial audit.
If requested, the grantee shall submit to OOG any audited financial statements, related
management letters and management responses of grantee, and financial audit documents or
portions thereof that are directly related to the grantee's performance of its obligations under this
Grant Agreement.
G. OOG may make unannounced monitoring visits at any time but will, whenever practical as
determined at the sole discretion of OOG, provide the grantee with up to five (5) business days
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advance notice of any such examination or audit. Any audit of records shall be conducted at the
grantee's principal place of business and/or the location(s) of the grantee's operations during the
grantee's normal business hours. The grantee shall provide to COG or its designees, on the
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
services and Internet connectivity, utilities, and office-related equipment and duplicating services
as OOG or its designees may reasonably require to perform the audits described in this Grant
Agreement.
H. In addition to the information contained in the required reports,other information may be required
as requested by OOG, including OOG asking for more information regarding project performance
or funds expenditures. In the event OOG requires additional information regarding the information
or data submitted,the grantee will promptly provide the additional information.The grantee also
agrees to assist OOG in responding to questions and assisting in providing information responsive
to any audit, legislative request, or other inquiry regarding the grant award. Upon the request of
OOG, the grantee must submit to COG any additional documentation or explanation OOG may
desire to support or document the requested payment or report submitted under this Grant
Agreement.
I. If after a written request by OOG or a relevant federal agency,the grantee fails to provide required
reports,information,documentation,or other information within reasonable deadlines set by OOG
or the relevant federal agency, as required by this Grant Agreement, or fails to fulfil any
requirement in this section, then OOG may consider this act a possible default under this Grant
Agreement, and the grantee may be subject to sanctions including but not limited to,withholdings
and/or other restrictions on the recipient's access to grant funds; referral to relevant agencies for
audit review; designation of the recipient as a high-risk grantee; or termination of awards.
J. The grantee agrees to hold any subcontractors or subgrantees to the provisions of this section and
to require and maintain the documentation necessary to complete monitoring tasks performed by
any subcontractor or subgrantee. The grantee shall ensure that this section concerning the
authorityto audit funds received indirectly by subcontractors through grantee and the requirement
to cooperate is included in any subcontract it awards related to this grant. The grantee will direct
any other entity, person, or contractor receiving funds directly under this Grant Agreement or
through a subcontract under this Grant Agreement 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 Grant Agreement.
10.4 Requirement to Address Audit Findings
If any audit, financial or programmatic monitoring, investigations, review of awards, or other
compliance review reveals any discrepancies, inadequacies, or deficiencies which are necessary to
correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or
the grantee's obligations hereunder, the grantee agrees to propose and submit to OOG a corrective
action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the
grantee's receipt of the findings.The grantee's corrective action plan is subject to the approval of OOG.
OOG, at its sole discretion, may impose remedies as part of a corrective action plan, including, but not
limited to: increasing monitoring visits; requiring that additional or more detailed financial and/or
programmatic reports be submitted; requiring prior approval for expenditures; requiring additional
technical or management assistance and/or making modifications in business practices; reducing the
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grant award amount; and/or terminating this Grant Agreement. The foregoing are not exclusive
remedies, and COG may impose other requirements that COG determines will be in the best interest
of the State.
The grantee understands and agrees that the grantee must make every effort to address and resolve
all outstanding issues, findings, or actions identified by OOG (and/or, in the case of federally funded
grant,a relevant federal agency)through the corrective action plan or any other corrective plan.Failure
to promptly and adequately address these findings may result in grant funds being withheld, other
related requirements being imposed,or other sanctions and penalties.The grantee agrees to complete
any corrective action approved by OOG within the time period specified by OOG and to the satisfaction
of OOG, at the sole cost of the grantee. The grantee shall provide to OOG periodic status reports
regarding the grantee's resolution of any audit, corrective action plan, or other compliance activity for
which the grantee is responsible.
10.5 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures
of grant funds, reporting measures, and funds received from COG under this Grant Agreement.
Audit trails maintained by the grantee will,at a minimum,identify the supporting documentation
prepared by the grantee to permit an audit of its accounting systems and payment verification
with respect to the expenditure of any funds awarded under this Grant Agreement.The grantee's
automated systems, if any, must provide the means whereby authorized personnel have the
ability to audit and to verify performance and to establish individual accountability for any action
that can potentially cause access to,generation of,or modification of payment information.
B. The grantee must maintain fiscal records and supporting documentation for all expenditures
resulting from this Grant Agreement pursuant to 2 CFR 200.333,TxGMS, and state law.
1. The grantee must retain these records and any supporting documentation until the third
anniversary of the later date of(1) the submission of the final expenditure report, or (2) the
resolution of all issues that arose from any litigation, claim, negotiation, audit, or
administrative review involving the grant.
2. Records related to real property and equipment acquired with grant funds shall be retained
for three(3)years after final disposition.
3. For all training and exercises paid for by this Grant, grantee must complete, deliver to the
appropriate source, and then retain copies of all after-action reports and certificates of
training completion for the time period specified in this Section.
4. OOG or the Federal Funding Agency may direct a grantee to retain documents for longer
periods of time or to transfer certain records to OOG or federal custody when OOG or the
Federal Funding Agency determines that the records possess longterm retention value.
5. The grantee must give the Federal Funding Agency, the Comptroller General of the United
States,the Texas State Auditor's Office,OOG,or any of their duly authorized representatives,
access to and the right to examine all books, accounts, records, reports, files, other papers,
things or property belonging to or in use by grantee pertaining to this Grant including records
concerning the past use of grant funds. Such rights to access shall continue as long as the
records are maintained.
The grantee must include the substance of this Section in all subcontracts.
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C. If the grantee collects personally identifiable information,it will have a publically-available privacy
policy that describes what information it collects, how it uses the information,whether it shares
the information with third parties, and how individuals may have their information corrected
where appropriate. The grantee shall establish a method to secure the confidentiality of any
records related to the grant program that are required to be kept confidential by applicable
federal or state law or rules.This provision shall not be construed as limiting OOG's access to such
records and other information under any provision of this Grant Agreement.
1.1. Prohibited and Regulated Activities and 11EExpendltures
11.1 Inherently Religious Activities
A grantee may not use grant funding to engage in inherently religious activities,such as proselytizing,
scripture study, or worship. Grantees may,of course, engage in inherently religious activities;
however,these activities must be separate in time or location from the federally assisted program.
Moreover,grantees must not compel program beneficiaries to participate in inherently religious
activities. Grantees must also not discriminate against a program beneficiary or prospective program
beneficiary on the basis of religion or religious belief in the delivery of services or benefits funded by
the grant.These requirements apply to all grantees, not just faith-based organizations.
11.2 Political Activities
Grant funds may not be used in connection with the following acts by agencies or individuals employed
by grant funds:
A. Unless specifically authorized to do so by federal law,grant recipients or their subgrantees or
contractors are prohibited from using grant funds directly or indirectly for political purposes,
including lobbying or advocating for legislative programs or changes; campaigning for,
endorsing, contributing to, or otherwise supporting political candidates or parties; and voter
registration or get-out-the-vote campaigns. Generally, organizations or entities which receive
federal funds by way of grants,contracts,or cooperative agreements do not lose their rights as
organizations to use their own, private, non-federal resources for"political" activities because
of or as a consequence of receiving such federal funds.These recipient organizations must thus
use private or other non-federal money, receipts, contributions, or dues for their political
activities, and may not charge off to or be reimbursed from federal contracts or grants for the
costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit
the use of a program administered by the grantee agency of which the person is an officer or
employee to interfere with or affect the result of an election or nomination of a candidate or
to achieve any other political purpose.
C. Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or
political organization for a political purpose.
D. Grant funds will not be used, either directly or indirectly, in support of the enactment, repeal,
modification,or adoption of any law, regulation or policy, at any level of government,without
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the express prior approval of COG and applicable federal funding agencies. If any non-grant
funds have been or will be used in support of the enactment, repeal, modification,or adoption
of any law, regulation or policy, at any level of government, it will notify COG to obtain the
appropriate disclosure form.
E. Grant funds may not be used to employ, as a regular full-time or part-time or contract
employee, a person who is required by Chapter 305 of the Government Code to register as a
lobbyist.Furthermore,grant funds may not be used to pay,on behalf of the agency or an officer
or employee of the agency, membership dues to an organization that pays part or all of the
salary of a person who is required by Chapter 305 of the Government Code to register as a
lobbyist.
F. Grant funds—whether expended by the grantee or by any subgrantee or subcontractor—will
not be used for political polling.This prohibition regarding political polling does not apply to a
poll conducted by an academic institution as a part of the institution's academic mission that
is not conducted for the benefit of a particular candidate or party.
G. As applicable, the grantee will comply with 31 USC § 1352, which provides that none of the
funds provided under an award may be expended by the grantee to pay any person to
influence,or attempt to influence an officer or employee of any agency,a Member of Congress,
an officer of employee of Congress, or an employee of a Member of Congress in connection
with any Federal action concerning the award or renewal.
The grantee will include the language of this section in the award documents for all subawards at all
tiers and will require all subrecipients to certify accordingly.
11.3 Generally Prohibited Expenditures
The following items and activities are specifically prohibited from being funded under this Grant
Agreement:
A. Costs of advertising and public relations designed solely to promote the governmental unit;
B. Costs of international travel';
C. Costs of entertainment, including amusement, diversion, and social activities and any costs
directly associated with such costs (such as tickets to shows or sports events, meals, lodging,
rentals,transportation,and gratuities);
D. Fundraising;
E. Lobbying;
F. Alcoholic beverages;
G. Costs to support any activity that has as its objective funding of sectarian worship, instruction,
or proselytization; and
H. Promotional items and memorabilia, including models,gifts, and souvenirs.
In certain circumstances international travel may be allowed under the Homeland Security Grant Program with prior
written approval from the US Department of Homeland Security,Federal Emergency Management Agency (FEMA).
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11.4 Acorn
The grantee understands and agrees that it cannot use any federal funds,either directly or indirectly, in
support of any contract or subaward to either the Association of Community Organizations for Reform
Now(ACORN) or its subsidiaries,without the express prior written approval of OOG.
11.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L.
No. 115-232 (2018), prohibits the purchase of certain telecommunications and video surveillance
services or equipment from specified entities. For more information on this prohibition please refer to
Public Law No. 115-232 at 11911If;p5, WAW�gu°i gll4'�s�:gg /ll",„` ll„ll 1,°III "g„°,�oi1,i agllgg�/b gg�q„...
1.2 Financial Requirements
12.1 Financial5tatu,s Reports
Financial Status Reports must be submitted to OOG via eGrants. Unless otherwise specified by OOG,
Reports may be submitted monthly but must be submitted at least quarterly. Reports are due after
each calendar quarter regardless of when the grant was awarded. Due dates are:
1. April 22(January-March quarter)
2. July 22(April-June quarter)
3. October 22 (July-September quarter)
4. January 22 (October-December quarter)
A grant liquidation date will be established in eGrants. The final Financial Status Report must be
submitted to OOG on or before the liquidation date or the grant funds may lapse and OOG will provide
them as grants to others who need the funding. Payments will be generated based on expenditures
reported in the reports. Upon OOG approval of the report, COG will issue a payment through direct
deposit or electronic transfer.
2.2 Approval of Financial 5tatu,s Deport
Grant payments will be generated based on expenditures as reported in the Financial Status Reports in
eGrants or, if authorized by OOG, through Advance Payment Requests. Upon OOG approval of a
Financial Status Report or Advance Payment Request, a payment will issue through direct deposit or
electronic transfer, though additional documentation may be required and this statement does not
override other rules, laws or requirements. It is the policy of OOG to make prompt payment on the
approval of a properly prepared and submitted Financial Status Report and any other required
documentation.
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2.3 Reimbursements
COG will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable
costs incurred and paid by the grantee pursuant to this Grant Agreement. Each item of expenditure
shall be specifically attributed to the eligible cost category as identified in the Grant Budget.The Grant
Budget is established as provided in eGrants and is the approved budget for the planned expenditure
of awarded grant funds,with expenditures identified by approved cost category. OOG is not obligated
to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this Grant Agreement.
By submission of a Financial Status Report,the grantee is warranting the following: (1) all invoices have
been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered;
(2) that the services or goods have been performed or delivered in compliance with all terms of this
Grant Agreement; (3) that the amount of each new Financial Status Report added together with all
previous Financial Status Reports do not exceed the Maximum Liability of OOG;and(5)the charges and
expenses shown on the Request for Reimbursement are reasonable and necessary.
12.4 Generally Accepted Accounting Principles
The 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 the grantee. The grantee shall follow OOG fiscal management policies and procedures in
processing and submitting requests for reimbursement and maintaining financial records related to this
Grant Agreement.
2.5 Program Income
"Program income" means gross income received by the grantee or subgrantee directly generated by a
grant supported activity, or earned only as a result of the grant agreement during the grant period.
Unless otherwise required under the terms of this Grant Agreement,any program income shall be used
by the 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. Program
income shall be used to offset the grant award. The grantee shall identify and report this income in
accordance with OOG's reporting instructions. The grantee shall expend program income during the
term of this Grant Agreement; program income not expended during the term of this Grant Agreement
shall be refunded to OOG.
2.6 Refunds and Deductions
If OOG determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to OOG the amount identified by OOG as an
overpayment.The grantee shall refund any overpayment to OOG within thirty(30) calendar days of the
receipt of the notice of the overpayment from OOG unless an alternate payment plan is specified by
OOG.
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12.7 Liquidation Period
The liquidation date is ninety(90)calendar days after the grant end date,unless otherwise noted in the
original grant award or a grant adjustment. Funds not obligated by the end of the grant period and not
expended by the liquidation date will revert to OOG.
12.8 Duplication of Funding
If grantees receive any funding that is duplicative of funding received under this grant,they will notify
OOG as soon as possible. OOG may issue an adjustment modifying the budget and project activities to
eliminate the duplication. Further, the grantee agrees and understands that any duplicative funding
that cannot be re-programmed to support non-duplicative activities within the program's statutory
scope will be de-obligated from this award and returned to OOG.
12.9 Supplanting
Awarded funds must be used to supplement existing funds for program activities and not replace
(supplant) funds that have been appropriated, allocated or disbursed for the same purpose. Grant
monitors and auditors will look for potential supplanting during reviews. Violations may result in a
range of penalties, including suspension of future funds, suspension or debarment from receiving
federal or state grants, recoupment of monies provided under the grant,and civil or criminal penalties.
For additional information on supplanting, refer to the Guide to Grants at
„�uaVite �,k
1.3 Require is
13.1 Measuring, Deporting, and Evaluating Performance
Grantees should regularly collect and maintain data that measure the performance and effectiveness
of activities under this award, in the manner, and within the timeframes specified in the program
solicitation, or as otherwise specified by OOG. This evaluation includes a reassessment of project
activities and services to determine whether they continue to be effective.
Grantees must submit required reports regarding grant information, performance, and progress
towards goals and objectives in accordance with the instructions provided by OOG or its designee. If
requested by OOG, the grantee shall report on the progress towards completion of the grant project
and other relevant information as determined by OOG.To remain eligible for funding,the grantee must
be able to show the scope of services provided and their impact, quality, and levels of performance
against approved goals, and that their activities and services effectively address and achieve the
project's stated purpose.
13.2 Deport Formats,Submissions, and Timelines
The grantee shall provide to OOG all applicable reports in a format and method specified by OOG.The
grantee shall ensure that it submits each report or document required by OOG in an accurate,
complete, and timely manner to COG or the Federal sponsoring agency, as specified by this Grant
Agreement or OOG, and will maintain appropriate backup documentation to support the reports.
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Unless filing dates are given herein, all other reports and other documents that the grantee is required
to forward to OOG shall be promptly forwarded.
13.3 Failure to File Required Reports
Failure to comply with submission deadlines for required reports, Financial Status Reports, or other
requested information may result in OOG, at its sole discretion, placing the grantee on immediate
financial hold without further notice to the grantee and without first requiring a corrective action plan.
No reimbursements will be processed until the requested information is submitted. If the grantee is
placed on financial hold,OOG,at its sole discretion,may deny reimbursement requests associated with
expenses incurred during the time the grantee was placed on financial hold.
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Statement of Grant Award(SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant
Agreement and all terms,conditions, provisions and obligations set forth herein shall be binding upon and shall
inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies
and any other agencies,departments,divisions,governmental entities, public corporations,and other entities
which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or
become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the 'Narrative'and
'Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the
requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,
regulations, policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,
the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;
the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,
including but not limited to:2 CFR Part 200, Uniform Administrative Requirements,Cost Principles,and Audit
Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34, Part 1,Chapter 20,
Subchapter E, Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards(UGMS)
developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the
grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the
OOG was awarded funds;and any applicable documents referenced in the documents listed above. For grants
awarded from the U.S. Department of Justice,the current applicable version of the Department of Justice Grants
Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal
Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants
Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or
without advance notice to the Grantee.
By clicking on the'Accept' button within the'Accept Award'tab,the Grantee accepts the responsibility for the
grant project,agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all
provisions incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will
not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other
Fund-Specific Requirement(s), if any,cited below:
Grant Number: 2848908 Award Amount: $8,411,969.10
Date Awarded: 6/10/2022 Grantee Cash Match: $0.00
Grant Period: 05/01/2022 -08/31/2023 Grantee In Kind Match: $0.00
Liquidation Date: 11/29/2023 Grantee GPI: $0.00
Program Fund: TA-Texas Anti-Gang(TAG) Program-HB 5 Total Project Cost: $8,411,969.10
Grantee Name: North Richland Hills,City of
Project Title: North Texas Anti-Gang Center
Grant Manager: James Ziehl
Unique Entity Identifier(UEI): G3D6UCVKR963
CFDA: N/A
Federal Awarding
Agency:
Federal Award Date: N/A-State Funds
Federal/State Award ID 2022-TA-ST-0001
Number:
Total Federal
Award/State Funds $180,000,000.00
Appropriated:
Pass Thru Entity Name: Texas Office of the Governor—Homeland Security Grants Division (HSGD)
Is the Award R&D: No
Federal/State Award The purpose of the TAG Program is to support strategic partnerships and targeted,
Description: regional, multidisciplinary approaches to successfully combat gang violence through the
coordination of gang prevention, intervention,and suppression activities.
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ATTACHMENT C
Agency Name: North Richland Hills, City of
Grant/App: 2848908 Start Date: 5/l/2022 End Date: 8/31/2023
Project Title: North Texas Anti-Gang Center
Status: Active Grant
Eligibility Information
Your organization's Texas Payee/Taxpayer ID Number:
17560051942002
Application Eligibility Certify:
Created on:2/4/2022 9:31:01 AM By:Edward Wright
Profile Information
Applicant Agency Name: North Richland Hills, City of
Project Title: North Texas Anti-Gang Center
Division or Unit to Administer the Project: North Richland Hills Police Department
Address Line 1: 4301 City Point Drive
Address Line 2:
City/State/Zip: North Richland Hills Texas 76180-6949
Start Date: 5/1/2022
End Date: 8/31/2023
Regional Council of Goverments(COG) within the Project's Impact Area: North
Central Texas Council of Governments
Headquarter County: Dallas
Counties within Project's Impact
Area: Anderson,Angelina,Archer,Baylor,Bowie,Brown,Camp,Carson,Cass,Cherokee,Clay,Cok
e,Coleman,Collin,Comanche,Concho,Cooke,Dallas,Delta,Denton,Eastland,Ellis,Erath,Fannin,F
oard,Fran klin,Grayson,Gregg,Harrison,Haskell,Henderson,Hood,Hopkins,Hunt,Jack,Johnson
Grant Officials:
Authorized Official
Name: Jimmy Perdue
Email: jperdue@nrhtx.com
Address 1: 4301 City Point Dr.
Address 1:
City: North Richland Hills, Texas 76180
Phone: 817-427-7006 Other Phone: 817-427-7000
Fax: 817-427-7010
Title: Mr.
Salutation: Chief
Position: Director of Public Safety
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Financial Official
Name: Rachel Clements
Email: rclements@nrhtx.com
Address 1: PO Box 820609
Address 1: ATTN: Finance
City: North Richland Hills, Texas 76182
Phone: 817-427-8155 Other Phone:
Fax: 817-427-6151
Title: Ms.
Salutation: Ms.
Position: Accounting Technician
Proiect Director
Name: Edward Wright
Email: ewright@nrhtx.com
Address 1: 7301 NE Loop 820
Address 1:
City: North Richland Hills, Texas 76180
Phone: 817-427-7025 Other Phone: 817-427-7000
Fax:
Title: Mr.
Salutation: Lieutenant
Position: Community Services Lieutenant
Grant Writer
Name: Scott McRory
Email: scott.mcrory@texomahidta.org
Address 1: 8404 Esters Blvd., Suite 100
Address 1:
City: Irving, Texas 75063
Phone: 972-374-4822 Other Phone: 214-724-3458
Fax:
Title: Mr.
Salutation: Mr.
Position: North Texas TAG Administrator
Grant Vendor Information
Organization Type: Unit of Local Government (City, Town, or Village)
Organization Option: applying to provide homeland security services
Applicant Agency's State Payee Identification Number (e.g., Federal Employer's
Identification (FEI) Number or Vendor ID): 17560051942002
Unique Entity Identifier (UEI): G3D6UCVKR963
Narrative Information
Introduction
The purpose of the Texas Anti-Gang (TAG) Program is to support pre-selected projects that
use regional, multidisciplinary approaches to combat gang violence through the coordination
of gang prevention, intervention, and suppression activities.
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The PSO's eGrants User Guide to Creatino an Application guides applicants through the
process of creating and submitting an application in eGrants. Information and guidance
related to the management and use of grant funds can be found in the PSO's Guide to
Grants, located on the PSO Resource for Applicants and Grantees web a e.
Certifications
In addition to the requirements found in existing statute, regulation, and the funding
announcement, this program requires applicant organizations to certify compliance with the
following:
Cybersecurity Training Requirement
Local units of government, including counties, municipalities, special districts, school
districts, junior college districts, or other political subdivisions of the state, must submit a
written certification of the local government's compliance with the cybersecurity training
required by Section 2054.5191 of the Texas Government Code. A determination of non-
compliance with the cybersecurity training requirements will result in a refund of the original
grant award as well as ineligibility of future grant awards until the second anniversary of the
date the local government is determined ineligible.
Constitutional Compliance
Applicant assures that it will not engage in any activity that violates Constitutional law
including profiling based upon race.
Information Systems
Applicant assures that any new criminal justice information systems will comply with data
sharing standards for the Global Justice XML Data Model and the National Information
Exchange Model.
TXGANG Criminal Gang Database Reporting
Applicant assures that it is compliant with TXGANG reporting requirements related to
criminal combinations and criminal street gang activity, as required by Sec. 61.02, Code of
Criminal Procedures.
SAFECOM
All entities using grant funding to support emergency communications activities are required
to comply with the SAFECOM Guidance on Emergency Communications Grants (SAFECOM
Guidance). The SAFECOM Guidance provides current information on emergency
communications policies, eligible costs, best practices, and technical standards for grant
recipients investing in emergency communications projects. It is also designed to promote
and align with the National Emergency Communications Plan (NECP). Conformance with the
SAFECOM Guidance helps ensure that grant-funded activities are compatible, interoperable,
resilient, and support national goals and objectives for improving emergency
communications.
Criminal History Reporting
Entities receiving funds from PSO must be located in a county that has an average of 90%
or above on both adult and juvenile dispositions entered into the computerized criminal
history database maintained by the Texas Department of Public Safety (DPS) as directed in
the Texas Code of Criminal Procedure, Chapter 66. The disposition completeness percentage
is defined as the percentage of arrest charges a county reports to DPS for which a
disposition has been subsequently reported and entered into the computerized criminal
history system.
Additionally, counties applying for grant awards from the Office of the Governor must
commit that the county will report at least 90 percent of convictions and other dispositions
Resolution 2023-011
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within five business days to the Criminal Justice Information System at the Department of
Public Safety. Click here for additional information from DPS on this new reporting
requirement.
Uniform Crime Reporting (UCR)
Eligible applicants operating a law enforcement agency must be current on reporting
complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the
Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT)
publication. To be considered eligible for funding, applicants must have submitted a full
twelve months of accurate data to DPS for the most recent calendar year by the deadline(s)
established by DPS. Due to the importance of timely reporting, applicants are required to
submit complete and accurate UCR data, as well as the Texas-mandated reporting, on a no
less than monthly basis and respond promptly to requests from DPS related to the data
submitted. Note: UCR is transitioning from summary reporting to NIBRS only in 2021.
Applicants are encouraged to transition to NIBRS as soon as possible in order to maintain
their grant eligibility.
Compliance with State and Federal Laws, Programs and Procedures
Local units of government, including cities, counties and other general purpose political
subdivisions, as appropriate, and institutions of higher education that operate a law
enforcement agency, must comply with all aspects of the programs and procedures utilized
by the U.S. Department of Homeland Security ("DHS") to: (1) notify DHS of all information
requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal
aliens in accordance with requests by DHS. Additionally, counties and municipalities may
NOT have in effect, purport to have in effect, or make themselves subject to or bound by,
any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize
the public disclosure of federal law enforcement information in order to conceal, harbor, or
shield from detection fugitives from justice or aliens illegally in the United States; or (2)
impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), §
1231(a), § 1357(a), § 1366(1), or § 1366(3). Lastly, eligible applicants must comply with
all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas
Government Code.
Each local unit of government, and institution of higher education that operates a law
enforcement agency, must download, complete and then upload into eGrants the CO/Law
Enforcement Certifications and Assurances Form certifying compliance with federal and state
immigration enforcement requirements. This Form is required for each application submitted
to PSO and is active until August 31, 2022 or the end of the grant period, whichever is later.
Overall Certification
Each applicant agency must certify to the specific requirements detailed above as well as to
comply with all requirements within the PSO Funding Announcement, the Guide to Grants,
the Grantee Conditions and Responsibilities, any authorizing or applicable state and federal
statutes and regulations to be eligible for this program.
X I certify to all of the application content & requirements.
Project Summary :
Briefly summarize the project, including proposed activities and intended impact.
The North Texas Anti-Gang Center (TAG) is a physical environment funded by the Texas
Office of the Governor (OOG) Homeland Security Grants Division (HSGD) and established to
support strategic law enforcement partnership within the North Texas region to combat
gang violence and organized crime associated to these criminal enterprises. This
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multidisciplinary approach of the TAG concentrates efforts through the coordination of gang
prevention, intervention and suppression activities. The combined law enforcement
resources and strategies are designed to effectively decrease the threat created by gang
activities with the ultimate goal to disrupt the command and control of these criminal
organizations, which affect public safety in our communities. The goal remains to continue
building and expanding the TAG partnership with the 13 participating agencies to effectively
share valuable resources such as intelligence sharing, personnel, and equipment. Further,
the TAG is exploring areas in which the TAG partners with local agencies related to gang
prevention measures to slow the growing problem, as well as participate in intervention
measures to stem the activities of current gang members. During the FY2023 grant period,
the TAG will be relocating. The design of the new location is anticipated to improve
efficiencies and enhance collaborations in which partner agencies hold an established
presence. The TAG building allows for de-confliction and bolsters open communication
regarding intelligence sharing, joint and multi-agency law enforcement operations, and law
enforcement training sessions and conferences. The TAG anticipates implementing the
StopNorthTexasGangs.org website, which allows the public to submit anonymous tips on
wanted gang fugitives and tips on gang activities in the TAG AOR. The TAG includes Region
1 for the Texas Department of Public Safety which is located within the northeast portion of
Texas. Region 1 contains five MSAs, including Dallas-Fort Worth-Arlington, and Sherman-
Denison. According to censusreporter.org, in 2019, the Dallas/Ft. Worth (DFW)/Arlington
metroplex's combined population was approximately 7.6 million individuals and covers
approximately 8,674 square miles, which forms the largest combined MSA population region
in the state. [NOTE: Region 1 of which the TAG is located and covers contains 42 counties.]
According to the 2016 Texas Department of Criminal Justice (TDC3) statistics, among all
gang members entering into TDC3, approximately 25 percent came from counties located in
Region 1. In 2014, 90% of gang members entering TDC3 originated from the Dallas-Fort
Worth-Arlington MSA. The TAG began operations on May 1, 2016 and is open to law
enforcement agencies with responsibilities to oversee, enforce, and/or prosecute gangs and
gang related activity. Four anchor agencies relocated their gang units to the TAG. The ATF
relocated an investigative violent crime group and their Crime Gun Intelligence Center
(CGIC); Texas DPS relocated their gang units formerly housed in Garland, Texas and Hurst,
Texas; the FBI relocated its Safe Street Taskforce; and HSI relocated its gang unit to the
TAG. The Dallas County District Attorney's Office has assigned a full-time Border
Prosecution Unit attorney at the TAG. Through the partnerships with these agencies,
personnel from the following agencies are also represented in some form at the TAG— Dallas
Police Department (PD), Fort Worth PD, Irving PD, Arlington PD, Mesquite PD, ICE
Enforcement Removal Operations, Texas Alcohol and Beverage Commission, Drug
Enforcement Administration, and the TDC3-OIG. Through the collaborative and cooperative
efforts of these agencies, the TAG's purpose is to enhance the investigative efforts of law
enforcement in the North Texas area combating gangs and violent crime committed by
gangs. The TAG and the Texoma HIDTA share a state-of-the-art training center, which
provides training to agencies across the North Texas area. Such training includes, but is not
limited to, anti-gang enforcement tactics ranging from street stop encounters by law
enforcement with violent gang members to long-term investigations of complex criminal
investigations of organized/violent gang organizations.
Problem Statement :
Provide a detailed account of the issues, threats or hazards that your project will target. For
federal Homeland Security Grants, include specific references to the regional or state Threat
and Hazard Identification and Risk Assessment (THIRA), as applicable.
Due to various factors, the region surrounding the DFW metroplex is a primary hub for
gangs and organizations engaged in serious and violent criminal activities, including human,
drug, and gun trafficking, assaults, and homicides. The presence of transnational gangs
such as MS-13 and 18th Street have increased their footprint here as has the expected
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increase in violence related to such groups relocating to the DFW area from other parts of
Texas. Multiple law enforcement agencies have responsibilities for investigating and
prosecuting related criminal activities and organizations. Enhanced cooperation and
participation among these agencies in addressing these threats furthers the ability of these
agencies to fulfill its mission, which enhances public safety. According to the Texas DPS
Threat Assessment, there are an estimated 100,000 gang members and 400 gangs located
throughout the DFW metroplex. Approximately 52% of tier level gang members are serving
sentences for violent crimes. The most significant gangs in our area include, "Bloods
(multiple sets), Crips (multiple sets), Tango Blast (D/FW), Surehos (multiple sets), Aryan
Brotherhood of Texas (ABT), and Aryan Circle." Despite law enforcement's operational and
leadership disruption of ABT and Aryan Circle, each maintain a heavy presence in the DFW
metroplex and surrounding rural areas." The report states that transnational gangs such as
MS-13 and 18th Street are present and active in Dallas, Denton, and Tarrant counties.
Gangs are also heavily involved in narcotics trafficking and often work with each other,
regardless of race or ideology, in order to profit from these activities. Cartels continue to
use gangs to move drugs, people, and weapons across the southern border of the United
States, thereby contributing to the nations on-going opioid epidemic. Hybrid gangs continue
to transform into an organized criminal enterprise, which negatively influence the safety of
citizens living in the DFW metroplex. The majority of cases prosecuted by the Dallas County
DA involve shootings, robberies, and narcotics trafficking committed by hybrid gangs. There
has been an increase in violent activity by gangs such as "Trill Fam" and "Trench Gang."The
predominant street gang within Arlington encompasses African-Americans ranging from 13
to 22 years of age who make up a loose conglomerate of gangs belonging to local subsets of
the Crips and Bloods. Hybrid gangs have "no code" when it comes to violent crime and are
commonly associated with drive-by shootings, aggravated thefts, and robberies; the latter
two being the genesis for the acquisition of firearms utilized in their operations. Gang
presence and activity within Fort Worth is robust and active. Local street gangs and hybrids
have perpetuated violence in the city to a new level. Hybrid gangs have been at the center
surge of opportunistic violent robberies and shootings. Individuals are typically in their late
teens to early twenties and primarily African-American. Their youth and ever-evolving
nature have spawned hundreds of active cliques within the group. Previous reports indicated
the Tango Blast (D/FW sets) maintain the largest overall gang membership in the area;
once released from incarceration, many members tend to drop their affiliation in favor of the
smaller street gang which they were previously aligned. Other significant gangs are the
Bandiclos Outlaw Motorcycle Gang, MS-13, Surehos, various sets of Crips and Bloods, and
Aryan Circle. Other less active gangs in the area include the Texas Syndicate, 18th Street,
and Gangster Disciples. The largest and most active street gangs in Region 1 include Crips
(all sets), Surehos (all sets), Bloods (all sets), and Latin Kings. The largest and most active
prison gangs are the D/FW cliques of Tango Blast, Aryan Brotherhood of Texas (ABT), and
Aryan Circle. The ABT and Aryan Circle maintain a strong presence east of Dallas, while the
Latin Kings are active in north Fort Worth and Denton. Agencies in the region report a
significant presence of Gangster Disciples, Nortehos, 18th Street, MS-13, and Texas
Syndicate. The Texas DPS assessments summarized the North Texas gang threat as follows:
"The gang threat in Texas will remain high during the coming year. Gangs working directly
with the Mexican cartels will continue to represent a particular threat to the state. The
threat posed by individual gangs will change over time. Although changes in gang
leadership and the impact of law enforcement action will have an effect on a gang's ability
to operate effectively, many of the Tier 1 and Tier 2 gangs will continue to constitute
significant threats to Texas due to their large membership numbers, relationships with
cartels, high levels of transnational criminal activity, and other factors.
Existing Capability Levels :
Describe the existing capability levels, including resources that are currently in place to
support this project prior to the use of grant funds.
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The existing capabilities of the TAG consist of the Participant Agencies which include: the
FBI, DEA, ATF, HSI, Texas DPS, Dallas PD, Arlington PD, Fort Worth PD, Irving PD, North
Richland Hills PD, Dallas County DA's Office, Tarrant County DA's Office, and Texas Alcohol
and Beverage Control. Current capabilities include individual agencies' IT network systems,
law enforcement and analytic/support personnel and equipment, state and federal
prosecutors, fiscal operational support, and electronic surveillance equipment and
capabilities. Additionally, an analyst from the Office of the Attorney General, Human
Trafficking and Organized Crime Unit, sits at the TAG.
Capability Gaps:
Describe the capability gaps which will be addressed by the project. For federal Homeland
Security Grants, include specific references to the regional or statewide State Preparedness
Report (SPR).
The overall goal is to enhance coordinated law enforcement activity targeted at gangs and
other criminal organizations operating in or affecting the region by co-locating
representatives from federal, state and local law enforcement agencies in a "dedicated
facility" (TAG). While this remains true today, a new approach for the TAG needs to be
undertaken. Currently, the agencies seated in the TAG are three federal agencies and one
state agency. There is no local presence other than as TFO's assigned to the federal
agencies. Gangs are mainly a local law enforcement problem. While it is true there are
international gangs operating within the state, the overwhelming majority of gang activity
occurs at the local level affecting local communities. This TAG is unique among all other TAG
due to the sheer size of area covered. As stated earlier, the DFW metroplex's combined
population was approximately 7.6 million individuals and covered approximately 8,674
square miles, which forms the largest combined population region in the state. Additionally,
there are over approximately 200 law enforcement agencies in this area. The large majority
of agencies that could benefit from participation in the TAG cannot travel daily to the TAG
for office space and co-location only to return to their communities to conduct gang and
violent crime investigations. Logistically, this does not make sense. The geographic makeup
of the DFW metroplex does not allow itself to a "one-size fits all" TAG. Although gangs are
operating throughout the entire DFW metroplex, the gang problem is unique to its own area
and is not the same throughout the area, i.e. Dallas' gang problem is not the same as Ft.
Worth's gang problem. The most effective use of time and resources is to maintain the TAG
and initiate two "sub-station" TAGS on the east side of the DFW metroplex and one on the
west side. Currently, the Ft. Worth PD has agreed to provide rent-free space to house a
"substation" TAG on the west side of the DFW metroplex. Currently, there is space for an
additional 30 officers, not including Ft. Worth PD personnel currently there, to conduct gang
and violent crime related investigations. These officers will come from departments that
have never participated in the TAG due to logistical issues. This has the capability to add
approximately 60 officers participating in the TAG as a whole. By being housed in an area
near to the location(s) they will be conducting investigations in, the TAG will be more
effective and have a larger reach and impact with these presently underserved
communities. Additionally, the Ft. Worth PD was recently certified as a Fusion Center, which
sits in the same building as the "sub-station"TAG. This will allow the TAG to leverage their
intelligence capabilities to improve the quality of investigations. As the intelligence
component of the TAG develops, it will enhance existing intelligence efforts in the North
Texas Region as well as, tie in with the currently operational TAGS and future ones as they
become operational. By providing this new physical environment (sub-station) concept
equipped with advanced technology, the TAG enables the co-location law enforcement
agencies to more efficiently and effectively cooperate, coordinate and collaborate on
intelligence, investigatory, and operational activities related to this shared threat in an effort
to reduce gang related crime and violence specifically in the areas they serve. The TAG
reaches out to agencies across the North Texas areas to support multi-agency collaborative
approaches to gang/violent crime by bringing the expertise of agencies participating within
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the TAG and provides resources available through the TAG, such as overtime, training,
equipment, and intelligence sharing platforms accessible to all agencies with an
interest/need. Presently, we have added a HSI gang squad (seven special agents and one
supervisor) and four ATF agents to this location.
Impact Statement :
Describe the project goals/objectives and how this project will maintain capabilities or
reduce capability gaps.
The goal for this project remains to provide a "centralized point" of coordination for law
enforcement operations and intelligence gathering to curb gang activity and violence via
multi-agency partnerships with key federal, state, and local law enforcement agencies. The
TAG allows for cleconfliction of investigations by centralizing planned events and helps
prevent the comprising of investigations by reducing conflicting events and targets. By
partnering with regional law enforcement agencies, the TAG will promote the development
of intelligence and tactics to better combat violent criminal gangs in and around the North
Texas area. Having multiple agencies working together ensures the coordination of efforts
to focus on gang activities that threaten the safety of our neighborhoods. The TAG project
helps provide relief to high crime areas affected by gang violence by disrupting gang-related
crime. The effectiveness of the TAG project is based on achieving progress towards the
identified project-specific measures. The measurable goals (outputs and outcomes) include:
number of gang contacts, number of gang members arrested for misdemeanors and
felonies, number of gangs targeted/investigated, number of weapons seized, number of
participating agencies, drug and currency seizures for each of the participating agencies,
number of multi-agency operations, number of gangs disrupted, and number of TAG-hosted
training sessions. The baseline information for the aforementioned measures and goals are
determined by gathering statistical data from TAG participating agencies. All data required
for statistical and evaluative purposes of the project is coordinated and collected by the TAG
Administrator and maintained on an on-site TAG server. Collected data and subsequent
analysis and assessments will be made available to the Homeland Security Grants Division
and all TAG partnering agencies. Data and analysis will also serve as a viable tool for local
law enforcement that will allow efforts to be tailored to the specific needs of the community
according to trends.
Homeland Security Priority Actions:
Identify the Texas Homeland Security Priority Action most closely aligned with this project.
Each Priority Action is linked with an Objective from the Texas Homeland Security Strategic
Plan (HSSP). List the Priority Action by number and text (e.g. 1.2.3 Expand and enhance
the network of human sources that can provide detailed and relevant information on known
or suspected terrorist and criminal enterprises.)
1.2.2 Establish and enhance multi-agency anti-gang centers in regions throughout the state
to integrate and enhance the efforts of law enforcement agencies to identify, deter, disrupt,
and dismantle criminal organizations.
Target Group :
Identify the target group and population expected to benefit from this project.
The DFW metroplex and outlying jurisdictions within the TAG AOR.
Long-Term Approach:
Describe how the applicant agency will maintain the capabilities supported by this project
without additional federal or state funds. If sustainment is dependent upon federal or state
grants, describe the ongoing need for future grants, as applicable.
The TAG continues working to develop several "smart policing" strategies that are focused
on offender based and/or location-based intelligence gathering and enforcement
methodologies. TAG agencies are developing intelligence related to gang violence and
neeomuonumc3-o11
Addendum
Page sroron
ShDDUDgS by [DDrdiD8UDg intelligence developed through crime gun analysis throughout the
greater North T2x8S/DFVV 8n28S and state wide. Additionally, the TAG strategically targets
violent gang offenders engaged in serial ShDDUDg activity during the [DUrSe of committing
violent crime. This is 8 developing strategy to aid TAG partner agencies in CUrn2Dt
investigations and initiate new investigations across the area. In addition, the usage of
Smart Force and n2-iDSUtUUDg the "Stop North Texas Gangs" web 8pp|iC8UDDS will enhance
and expand UpDD established intelligence sharing capabilities as it pertains to |8vv
enforcement's efforts against violent gangs and violent crime.
Project Activities I0!f*rmatio0!
Introduction
This section contains questions about your project. It is very important for applicants to
review their funding announcement for guidance on how to fill out this section. Unless
otherwise specified, answers should be about the EXPECTED activities to occur during the
project period.
Selected
ACTIVITY PERCENTAGE: DESCRIPTION
Agencies housed within the North Texas TAG have
a primary focus on the investigation of criminal
street gangs and organizations operating in and
around the greater North Texas area that are
Gangs - 100.00 responsible for violent crime within that region.
Multijurisclictional The TAG serves to enhance the
cooperation/collaboration between these agencies
and those located within the area by providing the
resources that create and allow for a greater
sharing and collaboration effort among agencies.
Measures I0!f*rmatio0!
Objective Output Measures
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Objective Outcome Measures
OUTCOME MEASURE TARGET
LEVEL
Dollar value of cash
forfeitures donated to the 0
project.
Number of convictions. 100
Custom Output Measures
CUSTOM OUTPUT TARGET
MEASURE LEVEL
Custom Outcome Measures
CUSTOM OUTCOME TARGET
MEASURE LEVEL
Resolution from Governing Body
Applications from nonprofit corporations, local units of governments, and other political
subdivisions must include a resolution that contains the following:
1. Authorization by your governing body for the submission of the application to the
Public Safety Office (PSO) that clearly identifies the name of the project for which
funding is requested;
2. A commitment to provide all applicable matching funds;
3. A designation of the name and/or title of an authorized official who is given the
authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is
provided, you must update the PSO should the official change during the grant
period.); and
4. A written assurance that, in the event of loss or misuse of grant funds, the governing
body will return all funds to PSO.
Upon approval from your agency's governing body, upload the approved resolution to
eGrants by clicking on the Upload Files sub-tab located in the Summary tab.
Contract Compliance
Will PSO grant funds be used to support any contracts for professional services?
Select the appropriate response:
X Yes
No
Resolution 2023-011
Addendum
Page 59 of 80
For applicant agencies that selected Yes above, describe how you will monitor the activities
of the sub-contractor(s) for compliance with the contract provisions (including equipment
purchases), deliverables, and all applicable statutes, rules, regulations, and guidelines
governing this project.
Enter a description for monitoring contract compliance:
All contracts for services will be generated through the City of North Richland Hills
Purchasing Department and will comply with all federal and state purchasing requirements.
The primary project compliance manager will the North Richland Hills Police Department
Community Resources Division. The North Richland Hills Police Department Community
Resources Division Captain shall oversee approval of all payments for service and the City of
North Richland Hills Finance Department shall execute payments in accordance with existing
written procedures.
Lobbying
For applicant agencies requesting grant funds in excess of $100,000, have any federally
appropriated funds been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant loan, or cooperative
agreement?
Select the appropriate response:
_ Yes
X No
_ N/A
For applicant agencies that selected either No or N/A above, have any non-federal funds
been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, an officer or employee of Congress in
connection with this federal contract, loan, or cooperative agreement?
Select the appropriate response:
_ Yes
X No
_ N/A
Fiscal Year
Provide the begin and end date for the applicant agency's fiscal year (e.g., 09/01/20xx to
08/31/20xx).
Enter the Begin Date [mm/dd/yyyy]:
10/1/2022
Enter the End Date [mm/dd/yyyy]:
9/30/2023
Resolution 2023-011
Addendum
Page 60 of 80
Sources of Financial Support
Each applicant must provide the amount of grant funds expended during the most recently
completed fiscal year for the following sources:
Enter the amount (in Whole Dollars $) of Federal Grant Funds expended:
626707
Enter the amount (in Whole Dollars $) of State Grant Funds expended:
882643
Single Audit
Applicants who expend less than $750,000 in federal grant funding or less than $750,000 in
state grant funding are exempt from the Single Audit Act and cannot charge audit costs to a
PSO grant. However, PSO may require a limited scope audit as defined in 2 CFR Part 200,
Subpart F - Audit Requirements.
Has the applicant agency expended federal grant funding of $750,000 or more, or state
grant funding of $750,000 or more during the most recently completed fiscal year?
Select the appropriate response:
X Yes
No
Applicant agencies that selected Yes above, provide the date of your organization's last
annual single audit, performed by an independent auditor in accordance with the State of
Texas Single Audit Circular; or CFR Part 200, Subpart F - Audit Requirements.
Enter the date of your last annual single audit:
3/3/2021
Debarment
Each applicant agency will certify that it and its principals (as defined in 2 CFR Part
180.995):
Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal Court, or voluntarily excluded
from participation in this transaction by any federal department or agency;
Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property; or
Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in the
above bullet; and have not within a three-year period preceding this application had one or
more public transactions (federal, state, or local) terminated for cause or default.
Select the appropriate response:
X I Certify
_ Unable to Certify
If you selected Unable to Certify above, please provide an explanation as to why the
applicant agency cannot certify the statements.
Resolution 2023-011
Addendum
Page 61 of 80
Source of MatchInformation
Detail Source of Match/GPI:
DESCRIPTION MATCH TYPE AMOUNT
Summary Source of Match/GPI:
Total Report Cash Match In Kind GPI Federal Share GPI State Share
$0.00 $0.00 $0.00 $0.00 $0.00
Budget Summary Information
Budget Summary Information by Budget Category:
CATEGORY OOG CASH IN-KIND GPI TOTAL
MATCH MATCH
Construction $620,000.00 $0.00 $0.00 $0.00 $620,000.00
Contractual and $1,701,597.39 $0.00 $0.00 $0.00 $1,701,597.39
Professional Services
Equipment $4,706,776.68 $0.00 $0.00 $0.00 $4,706,776.68
Indirect Costs $107,862.33 $0.00 $0.00 $0.00 $107,862.33
Personnel $208,980.00 $0.00 $0.00 $0.00 $208,980.00
Supplies and Direct $1,006,973.25 $0.00 $0.00 $0.00 $1,006,973.25
Operating Expenses
Travel and Training j $59,779.45 $0.00 j $0.00 $0.00 $59,779.45
Budget Grand Total Information:
OOG CASH MATCH IN-KIND MATCH GPI TOTAL
$8,411,969.10 $0.00 $0.00 $0.00 $8,411,969.10
Resolution 2023-011
Addendum
Page 62 of 80
ATTACHMENT D
ASSET INVENTORY FORM
GRANT NAME:NORTH TEXAS ANTI-GANG CENTER
GRANT YEAR:2022-2023
CFDA NUMBER:NONE
FEDERAL/STATE AWARD ID:2022-TA-ST-0001
EGRANTS NUMBER:2848908
ACQUISITION %of FEDERAL
DESCRIPTION SERIAL NUMBER OR ID If WHO HOLDS THE TITLE DATE COST PARTICIPATION LOCATION USE CONDITION DISPOSITION
60 Falcon Flock Cameras city of North Richland Hills $323,400.00 0% North Richland Hills TX NORTH TX ANTI-GANG CENTER NEW Cameras to be installed and
—red by the City ofArlington,
TX.TAG grant funding 2 years o
Service through the City of
North
nd is
Richland
en i yno aroJec.e
1181411s),tile Fit,
havmentofanvsubscriction
fees or Renewal fees.
DATE AND SIGNATURE OF TRANSFER
RECIPIENT RECEIVING JURISDICTION/AGENCY
CITY OF NORTH RICHLAND HILLS
Name
Signature Signature
Jimmy Perdue,Chief of Police
Printed Name and Title Date Printed Name and Title Date
Resolution 2023-011
Addendum
ATTACHMENT E Page 63 of 80
FLOCK GROUP INC.
ADDITIONAL SERVICES AGREEMENT
This Agreement combined with the existing agreement referenced in Exhibit A describe the relationship between Flock Group
Inc.("Flock")and the customer identified below("Customer")(each of Flock and Customer,a"Party").This order form
("Order Form")hereby incorporates and includes the terms of the previously executed agreement(the"Terms")which describe
and set forth the general legal terms governing the relationship(collectively,the"Agreement").The Terms contain,among
other things,warranty disclaimers,liability limitations and use limitations.
This additional services Agreement will be effective when this Order Form is executed by both Parties(the"Effective Date").
Agency: TX—City of North Richland Hills
Contact Name:Scott McRory
Legal Entity Name:
Address: Phone: 214-724-3458
4301 City Point Drive E-Mail: scott.mcrory@texomahidta.org
North Richland Hills, TX. 76180
Billing Contact:
Expected Payment Method: Rowelette Williams
817-427-7078
Rwilliamsgnrhtx.com
Initial Term:24 months Billing Term:Bi-annually(every 2 years)payment due
Renewal Term:24 months Net 30 per terms and conditions
Sales tax will be added to all fees as applicable.If your organization is tax exempt,please check this box:
and email your Sales Tax Exemption Certificate to b,ji➢lu�u "a4locksaf"ety com.
Resolution 2023-011
Addendum
Page 64 of 80
Professional Services and One-Time Purchases
Name Price/Usage Fee QTY Subtotal
Professional Services - Advanced Implementation
$750.00 6.00 $4,500.00
Fee
Professional Services - Standard Implementation Fee $350.00 54.00 $18,900.00
Hardware and Software Products
Annual recurring amounts over subscription term
Name Price/Usage Fee QTY Subtotal
Falcon $2,500.00 60.00 $150,000.00
Subtotal Year 1: $173,400.00
Subscription Term: 24 Months
Annual Recurring Total: $150,000.00
Total Contract Amount: $323,400.00
Special terms:
*Cameras to be installed and owned by Arlington, TX. TAG grant funding 2 years of Service through the City of
North Richland Hills,and is the billing entity for this Project. Following the Initial Term (24 months),the City of
Arlington shall be the billing entity for this Project and responsible for payment of any subscription fees or
Renewal fees.
Resolution 2023-011
Addendum
Page 65 of 80
By executing this Order Form,Agency represents and warrants that it has read and agrees to all of
the terms and conditions contained in the Terms attached.The Parties have executed this Agreement as of the dates
set forth below.
FLOCK GROUP,INC. Agency: TX—City of North Richland Hills
By: By:
Jimmy Perdue
Name: Name:
Chief of Police
Title: Title:
Date: Date:
ACCEPTED AND AGREED:
CITY OF NORTH RICHLAND HILLS ATTEST:
By By
Mark Hindman, City Manager Alicia Richardson, City Secretary/
Chief Governance Officer
Date
Date
APPROVED AS TO FORM AND LEGALITY:
By
Maleshia McGinnis, City Attorney
Date
Resolution 2023-011
Addendum
Page 66 of 80
EXHIBIT A
This agreement is governed by the terms as set out in this attached agreement that has been previously
executed by both parties.
Resolution 2023-011
Addendum
Page 67 of 80
ffock safety
FLOCK GROUTINC.
SERVICES AGREEMENT
ORDERFORM
This Order F'orin (0gCthCT With the'rOrms(as derhiod,her6,n)describe the,relationship betweon Flock Group Inc, ("Flock")and,
the custotner identifiml below("Custoiner")(each of"Tlock and Custorner,at'Tarty"),.This order tbrrn("Ortter. Forin")hereby
incorpc,)rates and includes the"(j0VFRNMVNT A(JU',N(,,Y c-r,is,rom1'-'R AGRE'EMENT"atvachcd(thc"'eras")wbich dei.cribe and set
figth fli(-ger)crul legal term:;governing the relationship(collectively,the ,,,Agree tue ur T.'ne"renns,con'tain,among otlu:r ffiings,
warranty disclairnets,fiability litnitations and use lunitations,
The AgrQeruent will.become effective when this Order Forni,is executed by both Parties(lbe"Effective Date"
North Nei ohland Hills Police Department Contact Name: Miko Yoring
4301 City Poinit Dr, North Richland Phone'. 817-98849705
HJUJX 76180
1`M,AW myoung@nr,htx,corn
F-'xpccte,d Payment Method: Credit Card or ACH Billing Contacc� Andrea Odean
r di 041ont than a4;cwz)
817--427-7001
aodean@nrhtx.com
Wtial'Tcrrw 12 Billing Tcrnr Annual payment due Net 30 per terms and
Renewal TC(r); t2 Months coMitions
Name Price QTY Subtotal
flincludes one-time fees)
Flock FWcon Camera $2,500,M 8 $20,000,00
Implementation Fee (Public) $250.00 8 $2,000,00
Year 1 Total $22,000.00
Flock,Group lire," Order Forryi
"I"oday's Dante- Aug 21,202 North lkielrkind Hills
This proposal expires it &:Iys,
0064v 0000 i r,Jo W DAA0
Resolution 2023-011
Addendum
Page 6,,8 of 8'P i
ftock safety
RecurringTot,
11' 20000
14111411 1 have reviewed and,agree to the Customer Implementation Guide oti Schedule B at the end of this agivement.
By executing,this Order Form,Customer refireserits and warrants that it,has read wid agrees all of(tie ternis and
condiflons contained in the Terms attached,The Parties have executed this Agreement as,orthe dates set lorth below.
Flock Group line customer:
aw",
By, By,
Name: Alex Latraverse Name, City of North richland Hills
Titler CRO Title: City Manager
Date." 09/07/2021 Date. 09109/2021
ti
r v, �7
W
t
.....................
APPROVED AS TO F'ORM AND LEGALITY:
Maleshia El, McGinnis, CityAftomey
...............a, —-----
e"'"'a N'C
Flock Grouti lite. Order Fonn
Today's Date- Aug 21,2021 'Nc)rth Richland Hills
"I'liis proposal expires rn ,30 days,,
00640000 1 rk.)WT)AA0
Resolution 2023-011
Addendum
Page 69 of 80
fi'oc, k safety
6,0VERNNIENTAGENCY CUS"YONIERAGREEMEN't'
This Government: Agency Agreement (this "Agreement") is entered into by and bemeen Flock (Iroup,
hic, with a P kwo of business at 1170 1 lowell Mill Rd NW Suite 2,1.0, Athoita, GA 303 t8 ("Ttock") and the police
departnient or government agency Wentified in the signaturc block,below("Agency")(each at"Varty,"and together,
the "Parties",
RECITALS
NNIIEREAS, Flock offirs a sollware and hardware solution for aurornahc license plate detection through
Flock's teChrtDlOgy plalform, (the "Hock Service"), and upon detection, the Flock ScrvicQ crcalci irnageszind
rocordings of Su5j-IcQI vChivics (Ilrootagt!"') and can provide notifications to AgCIICY Upon OIC iIIS'tj7jjCtiOjjS Of
Non-Agency End,User("N oti flea dons"")
WHEREAS, Agency, desire,% 10 PUrCINEW, LISe and/or have installed access to the Flock Service in order to
create, view, search and archive Footage and receive Notifications, including those 17,roni non-Agency users oftho
FloQk Symein (vvherc, there: is air investigative puipose) such as schools, neighborhood lunneo-wners associations,
businesses,and rndividual usas'
WHEREAS, because Footage is stored for no longer than (thirty) 30 days hi, coinpliance with Flock's
records relenfiotr pcilicy, Agency is responsible for extracting, downloading and archiving Footage ftorn the Flock
System on its own storage devices;Air auditing for purposes; and
WHEREAS, I'lock, desires, to provide Ageney the Flock Service and any access thereto, sub"ject to the
terini rInd conditions of' this Agreement, solely I"or the puipose or critne awareness and prevention by, police
del amnents and archiving(br evidence gathering('Torpose")
AGREEMEWT
NOWI THEREFORE, rioa,and Agency agree as follows and fivither agree to incorporate the Recitals
into this Agreement.
I. DEIINITIONS
Certain ctipitalized ternis, not otherwise defined herein, have the rnearflng,4 w forth or Qross-referenced in
11,JS Section 1,
I.i "Aulhorizedl?tid USer" 0,1011 MCIIII airy individual employecs, agents, or eontractors of'Agency ac".ssing or
rising the Flock Scri,iccs through the Web Interface, under the rights, granted to Agency purstiant to this:
Agreetnent,
1.2 "Agreitty Data"will mean the data, niedia ancl content provided by Agency through the Flock Services, For the
Moidance of dOUbt, the Agency Data will iticlode the Footage and geolocation irifornudion and environniental dalti
collected by sensors built into the Units,
1.3 "Documepitadvit" will incan text and/or graphical doctwientation, whether in, electronic or priatc.4 fornial, that
describe the features, functions and operation of the Flock Scrviccs which are provided by Flock to Agency in
a"rordance with the tei nis of"this Agreen'tent.
1.4"E"i)ihedded.9oftwore—will rricari the soffivareand/or firrnware embedded or preim,talled on the Hardware,
Pagel of 12
Resolution 2023-011
Addendum
Page 79 of 8Q
ffbck safety
1.5 "Flock IP' will, trican the Flock Services, the Doccumentation, the Hardware, the Embedded Software, t1le
Installation Services, an(] any" and all inteflectual property therein, or otherwise provided to Agency and/or its
Authorized End Users iti connection with the foregoing.,
1,6'Tvotogc'ntons,still bliages andior widen caprared,by the Harttwnre in the Course ofaq(l pro-videti vgi 111C Flock
Services,
1,7 "Hartfivare" shall nican the Flock catneras and Any Tither physical elements that interact with the, E-nitiedded
Sollwarc and the Wt+ ltumrfaee Lt.) provide the Flock Service4, rhQ terin "Hardware" excludes, the Erribedded
Sof1ware,
IA '11111plern oil tation Pee(s)" ineans the nionetary fees associated, with the histallation Services, a& dcfJnQd in,
Section 1.9 below
1.9 "Installation Se)-vicav" ineans the services prcwhled by Fhxk regarding (he installation, placements and
configuration of the flardware,purgiant to the Statement of Wurl(attached hereto,
1 10 'TI(n* Senpices or Services" awans the provision, via the Web Interface, of Flock's sofiNvare application lbi,
autotriatic license plate detection,searchnig,ini,,,igc records,and sharing Footage.
1,11 "NonIAreney 1.7nd User" meins a Flock's non-Agency cuMonier that has elected txw give Agency access, to its
data io(lie Flock system.
1.12 "Nan,,Igenq,End User Data"'nicans the FootAge,geolocation dara,environmental data and/or notifications of.
a Non-Agency End![Jsm
L 1 3"Uniffv)"shall team the Flardware together witli the Embedded Software
I.14 "Usage,Fee" means the subscription fees to be paid by tlae Agency fi)r ongoing access, h) Flock Services and
Hardware.
1,15 "Support Services"shall ri'man On siteServices and Monitoring Services,as defined in Section 2.9 below,.
I I(i ""Web Interfioce" tricans the websne(s) or applicition(s) through which Agency and its Authorized End Users
cati access the Flock Services in accordance with the tennis of this Agrcoriciu
2.FLOCK SERNUES AND SOPPORT
I I Provision o!r Access. Subject to the terms ofthis Agreentent, Flock hereby grants to Agency a non-exclusive,
non-transfiarable right to access the feitares acid functions of the Flock Services via the Web Interface during (lie
Sei vice Terai (as defined in Section 6.1) and No.-Fee Tenn, solely for the Authorized [,-,,,nd Users The Footage wi I I
be available for Agency's designated administrator, listod, on the Order Portal" arld any Authorized (`„Jld Users to
access via the Web h'iterl"ace for thirty (30) days, Authorized, End Users will be tvquired to sign up fior an account,
and sclecta password and werilanne ("14ver ID"). Flock will also provide Agency the Docunnentation to be Imc]in
accessing and using the Flock, Ser,v ices, ,Agency shall be responsible for all acts and oniissions of Authorized End
Users, and any ac:t or omission by an Authorized End User which, if undertaken by Ageacy, would consairule as
breach of this Agreonent, shall tw dectried as breach of this Agreenient by Agency, Agerrey shall undQoakc
reasonable efforts to inake all Authorized End lJsers aware of'the pn,)visions cif this Agreement as applicable,to such
Authorizod E"nd I)scr's Lkse of (fie Flock Set-vices and shall cause Aulliorized End 1.1sers to coniply with such
proviskins. Flock inay use the services of one or more third fiarties to deliver any part of the Flock Set vices,
including without litnitation using a third party to host the Web
Page 2 of 12
Resolution 2023-011
Addendum
Page 71 of 80
f ock safety
Interface which the Flock Services makes available to Agency and Authorized End Ljscrs NVAIU ANTI ES
PROV[DED 13Y SU(1,H THIRD PARTIES, AM THE AGUL-NCY'S SOLE AND EXCU JSIVE R,E?VIEDY AN[)
FLOCX'S S01.11' AND F'XCLUSIVE LIABILITY WITH REGARD TO SUCII THIRD-11ARTY SERVICES,
INCLUDIM,r WITI-K)LIT LIMITATION HOSTING 'rm WEB INTERI.-W.T. To the cyti:nt practicable, Agency
agrees to cottiply with any acceptable, use policies and other ternis of any thiril-party service provider that are
provided or otherwise trade available to Agency front thric it)titrio-
�2,2 Ernbedded Soffivare icense. Subject to all ternis, of this Agreentent, Flock grants Agency as litniled,
11011-Culusive, rion-transferable, non-sublicensable (except In the Authorized End, Osers),revocable riglato Lvsw the
F.'rnbcdcled Soft-are as installed on, the Hardware by Flock; in cach case, solely as necessary for Agency to use tine;
Flock Services,
23 Documentation 1,11cense. Subject to the terms of this Agrectrient, Flock licreby grants to Agency a
lion-exchisive, non,transtlerable right and licciaw to use Ilic Docunientation during flic Service I'll COMICCIA011,
with its use of the Flock Services tis contemplated herein,and under Section 2.4,below,
2A Usage Restrictions.'rhe purpose for usage of the Hardware, Docurtientation, Services,support,and the Flock IP
is solely to faciliwiQ gathering evidence that could be used iti a lawful critilinkil, investigation by the appropriate
government agency and trot for tracking activities that the systern is,not designed to caprure("Peplinitted Purpose"),
Agericy, Nvill not, and, will not permit any Authorized End Users to, (i) ccrpy or duplicate any of the Flock IP; (ii)
deconipile, disasscinble, reverse engineer or otherwise afternpL to obUtirt or perceive the source code hrorn which any
sollware coniptaient of any 4.4'ihe Flock IP is conipiled or interpreted, or apply any other process ot procedure to
derive the source code of any soffware included in the Flock IP, or atterript to do any of the fore ping,and Agency
acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain.or use such
source code; (iii) modify, alter, taniperwith or repair any of the Flock,IP',or create any derivative product from any
of the ftrrcgoitig, or arterript to do an of foregoing,oxcept with the rior written consent of Flock; (iv)interfere
'Y p I
()r altercipt to it"IrterCcre in any manner with the functionality or proper working crf any of the Flock IP; (v) remove,,
raps ore,or alter any notice of tiny intellectual property or proprietary right appearing on or contained within any of
the Flock Services or Flock M (vi)use the Services,support,Hardware,Documentation or tho Flock [P for anything
other than (lic Permitted Purpose, or (vii) assign, sublicense, sell,, resell, lease, rent or otherwise transfer or convey,
orplodge as security or otherwise ericurnber,Agency's rights under Sections 2.1,2.2,or 2.3,,
2,5 ROAHIL-11 ffigifl:S; (")WItersbilp. As bviween the Parties, subject to the rights granted in this Agreement, Ftock
and its licensors retain all right, title and intucst in and to the Flock, IP antl its corripcitientS, and Agency
acknowledgvs that it neither-owns not,acquires airy additional rights in and to the foregoing not cxpressly granted by
this Agrecineat Agency further acknowledges ilial, Flock retains the right to use the roregoing for any purpose in
Flock's sole discretion. There are no implied rights.
2,6 Susperujon. Notwithstanding anything to the contrary in this Agreerrient, Flock may temporarily susPend
Agency's and any Authorized End I Jscr's access to any portion or alll of the Flock IP if(i) Flock reasonably
dctenoincs that, (a) there is athreat or attack On any()f the f lock t1i; (b) Agency's or nary Authorized End User's use
or the Flock Ser-Oce disrupts or prises a security risk to the Flock Service or any other custorner or vendor of Flockt-
(c) Agency or any Authorized 'Find Li cr is/are using the Flock IP for fraudulent or illegal activities', (d) Fh)ck:'s
provision off the Flock (`services to Agoncy or, any Authorized Er.id User is prohibited by applicable twwr; (0'
) any
vendor offlock has suspended or,terminated Flock's access to or rise of any third party services or products required
to enable Agency to access flic Flock IP; or fO Agency has violated any term of this provision,inckufitig,bill not
limited to, utilizing the I-lock Services Liar anything other than the Peniiitred Purl)ose (each such suspension, its
accordance with this Section 2,6, a "Service Suspension-), Flock will itiake conintercially misonable effbili,
Circuirlstances pQrrintling, to provide written notice of any Service Suspension to Agency(including,notices sent to
FUck's registered ernail addrcss,) and to provide updates, regarding resumpfion a access, 'to the Flock Its following
ariy Service Suspension, Flock will kise conin.rercially reasonable efforts to rcsunic, providing access to the Flock
Serviceris soon as reasonably possible after the c,vvnt giving rise to the Service Suspension is cured. Flock will hive
no liability for tiny dunnage, liabilities, losses (including any loss of data or profits) or any other consequences that
Agency or any Authorized End User unary incur as it resith of a Service Suspension,, 'I'd the extent that the Service
Page 3 of 12
Resolution 2023-011
Addendum
Page 72 of 80
ffock Safety
Suspension is not caused by Agency's direct actions or by the actions offiarties,associated with the Agency, the
expiration of the Terin will be tolled by the duration of any SlBpension (for any confinui.)us, sL1SpCMsir)rj lasting,at
leaf one full day),
1,7 Installation Services,
2,71 Designated Locations, Prior Lo perfi)rming the physical installation of tke Units, Flock shall advise
Apency on the location aird positioning of the Units l'or opthrial license plate irriage uipture, as conditions arid
looition allow, Flock and AgQiwy niust inutrially,rigive on the location(ruourning site or pole),position and angle of
the Llnits (each Unit locatiori so designated by Agency, a "Designated Location"). Flock $hall have no liability to
Agency resulting frorn any poor perfi).nuance, functionality or, Footage resulting fi-oin oi.- other wiserelating to the
Designated Locations or delay in installation clue to Agency's delay in, identifyirig the cboievs for the Designated
L.ocations, in ordering andYor having the Designated I ocation ready for installation including having all electrical
work, preinstaRed and pcnuits ready. Designated Locations that arc suggested by Flock and accepted by Agency
without alftn'ation will be known as Flock Designated L,ocatjoas. Aftet a deployrnent plan with Ocsigriated
Locations and equipmetit has been agrQvd upon by both 1"lock and the Agency, any subs e(Itien L changes, 'to tire
deployment plan ("Reinstalls") driven by Agency's request will hicur a charge for Flock's theta-current list price for
Reinstalls, as listed in the there-current Reinstall Policy (available rat
and any equipment charges- These chonges include but are rust
hinited to carriera re-positioning, ad`justirig ofcaniera mounting, re-angling, rernioving fbInige,caniern replacement,
diarigos to beight5 of polos,re, iirdless,of whether the need l'or Reinstalls related to varMalistri, wealfier, theft, Jack of
criminal activity in view,and the like,
2 7.2 Agency�t Installation, 01fItgations. Agency agrees to allow Flock and its agents reasonable acQe.s%, in
and vwar the Designatcd Locations al till ricasonubic times upon reasonable notice for the purpose cif perfon'riing the
ion tallutir:rra work,The"Agenqp Installation Obligations"include,to the extent required by the deployincirt plan,but
are not Initi(ed to electrical work lie provide a reliable source of '120V M',' power d-rat follow Flock gUidelines and
comply with local regnilations if adequate solar exposure is not available, Agency is solely responsible for (i) any
Pei miks or associated costs, and managing die pet7nitting process; (ii) any federal, state or local taxes including
property, license, priviloge, SMOS, use, excise, gross receipts of other sirnikir taxes which rnay now or licreafter
beconle applicable to, rnca"urcd by or, irnposed upon or with respect to (lie installation of the Itardware, its use,or
(iii) any, other itipplonlen'twy cost for servite;s pct-41"Orrited in eainnectkvn with instafl]ation oftheflardwam,including
but not liniked to contractor licensing, engineered dr-awings,rental ofspeciahzed equipment or vehicles, Lhircl-party
personnel (i.e. Traffic Control Officers, Electricians, ctc.), such costs to be approved by the Agcncy, Flock will
provide options to supply power at each Desilpated Location. If Agency refuses alternative power supply optic ns,
Agency agree5i and understands that Agency will not be subject to any r(!,rrnbursQrnent, tollu199 or crcdit, for any
suspension Period offlock Services dtie to low solar, Flock will make all reasonable efforts within their, controlto
rinnirnize suspension of Flock, Services, Any fQvs payable to Flock exclude the foregoing, Without being obligated
or, taking, any responsibility for (lie, foregoing, Flock may pay and bivoice related costs to Agency if'Ageney did,not
address them prior tc) the execution of this Agreement or a third party requires Flock to pay. Agency represents and
warrants that it, lias all necessary right fitle and arabority, and liereby authorizes Flock to install the Hardware at lhe
Designated Locations and to make any necessary hispection.",or te,,.its, in connection with such installation.
173 MocO Installevion Obligations, Tire, Hardware shall be installed in a workmarikkC Maturcr in
accordance with Flock's standard installation procedures, arid the installation w ill be completed within a reasonable
times ffoin the line 1hat the Designated I ocaationrs are selected by Agency, Following the initial installation (ifilre
Hardware atio any subsequent Reiristalls or mainterwriec operations, Flock's obligation to perforin installation work
shall cease;hourever, Flock will continue,to monitor the perforrriance 017010 U11it$ f(Yr the lens gth OfthC TUID and will
receive amcss 41 the Footage for a period of three (3) business days after the initial installation in order to rnonitor
perfonnance and provide tiny necessary maintenance solely as a nicasure Of LjUality control. Agency can opt out of
Flock's access,to Footage after the initial installation which would waive Flock"s responsibility to ensure such action
was successful, Agency understands and agrees that the Flock Services will not function without the I-lardware.
Labor imay be provided by FJoek or as third party�
Page 4 of 12
Resolution 2023-011
Addendum
Page 73 of 80
f to c- k s
17 4 Securfllv In(emst, The Hardware shall remain the personal property of Flock atid will be removed
uport the termination or expiration of this Agreerruent. Agency agrees to perform all acts which may be necessary to
assure the retention of title of the Hardware by Flock.Should Agency default in any payment for the Flock Services
or any part Iliercof or, offer to sell or auction the Hardware,then Agency authorizes and crylpowers Flock to remove
the fiardware or any part thereof Stich rernoval, if made by H(4.shall not be deemeda waiver offlock's rights to
any damages Flock, may sustain ars a result or Agency's (.1cfault and Flock shall have the fight to etiforce any other
legal retriedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agrecruent, Flock's price for its services under this
Agreenient does 1,101 c0atemplato work in tiny areas that contain hazardous materials,or other hazttrdous conditions,
including, Without limit, asbestos, lead, toxic or flailunable substances. fit the event any such hazardous ritatcrials
are discovered in the desigmated locations hi whieb Flock is tea perform services under this Agrrecinent, Floeks[iall
have the right to cease work, itrunediately in the area affcovd tintil such ritaterials arc rmnoved or rendered
Any additional expenses incurred by 1"lock as a resurl of the discovery or presence of hazardous inaterial or
hazarclous coilditi Oti's shall be the responsibility ol,"Agericy and shall be paid promptly upon billing,
2.9 Support Services. SubJect to Ilic, payment of fees, Flock shall trionitor the perl'ortiriance and functionality of
Flock,Smices and niay,from tinrie ul) time"advise Agency on changes,to the Flock Services,histaflainon servim,Or
the F)rs'i grin ted Lorations which nray improve the perl'onnalice or functionality of the Services,or may improve tbe,
quality of the rootage.The'ryork, its timing,and the Ices payable relating to such,work shall be,agreed by''the I)arties
prior to any alterations to or changes of the Services or the T)osignatod Locations("Monitorhig Services"). Sullject
to the terrns hereof, Flock will prcwidc Agency Milt reasonable technical arid on-site support and n"taintenance
service.s ("On.Site Services") in-leerson or, by einail at hctIo@jIrIck%ifety.coni. Flock will rise Q(Miniercially
re'asoriablc ef'rorts to respond (0 MqUWS Carr SUPPOrt, It"Agency cliomes to self-install Hardware or,install flardwarc
on as mobile loci ion, Flock shall, make reasonable oonirnercial otTorts to provide On-Site Services, ifliertnissible.
Agency shall, not be entitled to reirribursoniciv, tolling, or credit for any lapse in Services associated with the Urrit
ulatfuu(tic)o dine to installation on i�nobile locuiot.ts (,j,c, trailers). Agency shall be mrljcct to Reinstall Fees for
re-positioning LJnits on tnobiie locations,or subsequent installation,cart Flock or other stationary Votes.
2,10 Special Tvrjus. Front draw to tinic, Flock may ofrcr certain"Special Tortris"rellated,to guarantees,service and
SUPP011 Which are nidi"ited in the proposal and on the order form, and will become part of this AgrcQniott. To tire
extent that any terrus ofttiis agreenrerill are inctinsistent or conflict with the Special Terals, tile Special Teruns shali
control.
111 Changes to Plrrtrorni Flock Safely may, in its sole discretion, make any ehartges to any $ySterrl Of 1)(atforin
t1lat, it decins fleceSS11T]y 01'Useful to (i) rnaintain or,enhance a)the quality or delivery of Flock Safety's products or
services to its customers, (b) the contpefifive strength of or market for,Flock Safety's products,or services, (c)such
piatfonr or systerm's,cost efficiency or peifonriance,or(ii)to comply with applicable ia'.
1.AGENCY REnRICIIONS AND RESPONSIBI UITIES
3.1 Agency Obligations. 'Upon creation of as User[D,Agency agrees to provide Flock with accurale,connplete,and
updacd registration, inflormation, Agency, may not select as its User ID a name thal Agency does not have the right
to rise, or another persott's rianic with the intent to impemonate that person. A�ency may not transfer its account to
anyone else wilhout Prior Written porrnissior) of Flo-ek. Agency Will oot 5finrQ s a uni err ilcco paw ssord,with anyone,
'
and nium protect the security of its account and ruissword, Agency is resporisible ter any activity associated with its
aICCDUnt. Agency sfiallbe rQsponsiblc fiv, obtaining and maintaiuh,)g any eqoipinent and ancillary services nvcdcd to
connect to, access or otherwise use, the Services, Agency will, at its own expensc,, provide assistance to F'lock,
including, but not hinted to, by nicans of access to,arld use of"Agcncy facilities,as,ixell as by inetins ofasisistartee
Frorn Agericy perscrorrQ1, lo the limited extent, any of the foregoing may be reasonably necessary to enable Flock to
P,a v e 5 c�("12
Resolution 2023-011
Addendum
Page 74 of 80
fi*ock safety
perforin its obligations hereLITIder, including,: w�jdjour fimitI(ion, atry obligations with respect to Support Services or
any Installation Services,
3,2 Agency Representations and 'Warranties. Agency represents,coverrants,auld warrants thal Agency,will use the
services only 41 Coliaplian(e with this Agreement and all applicable hews and regulations, including but nor linfited,
to any laws relating to the recording or sharing of video, photo, or, atidict contem and retention llwreof. lb the
extent allowed by the, poverning law of the state nietitioned in Section 10A or if no state is mentioned in Section
[0.6, by the law of tire State of'Georgia, Agency hereby agrees to indonnify and hold harmless Flock agznnst any
darnages, losses, liabilities, scillenrients and expenses,, including without limitation costs and attorneys' fees,, in
connection with any clairn or action that.arises frout an allcged violittion of the foregoing due to Agency's actions,
Agency's Installation Obligations, or otherwise freers Agency's kisc of the Services, Uardwarc and any, Enibedded
Softwaro, illClUdirig any chfini that such actkms violate any applicable taw or third party right, Although Flock has
no obligation to inonitor Agency's use of tire Services,, Flwk ni;iy do sc)and rnay prohibit any rise oil'thc Services it,
believes may be for alleged to bc)in violation ofthe foregoing.
4.CONFIDENI'M IFY,ACEW.`V Mkt. IFA.� 1110NAGIiN("V 1)JVFA
4 1 Confidentiality, Each Party (the "Receivitig I�arty") understands that the other Party (the"Disclosing Pari!t,')
has disclosed or may disclose business, technical or financial inforniation relining to the Disclosing Parly's business
(hereinafter referred to its "Pripprietiny Information"of the Disclosing Party). Propriclary Itil"Ortnalion of flock is
reran-public infi,)rnuition including but not linaited to foatures, fujwtional0y, designs, user interfaces, trade secrets,
intellectual property, business plans, orarkcrirkg Plaits, works, of authorship, hardware, ctistorner lists and
requiretrients, and peribrinaricc of the Flock Services, Proprietary Infonnation of'Agency inelo(k!$ non-public
Agency Data, Non-Agency Eral I Ner Data, and data provided by Agency or a Non-Agency lEnd User to Flock or
collected by Flock 'via, the Unit,including the Footage,to enable:the Provision of the Services, The Receiving Party
shall not disclose, use, transinit, inform or make available to any entity, person or body, any or the Proprietary
Inibunation, except as as necessary part offrerforrming its obligations heretrntler,and shall take all such aCuojj$IS are
reasonably occessaryand appropriate to preserve and protect the proprietary Information and the pat-ties' respective
i ights lherein, at all times exercising at least as reasonab1c, level of care, Each party agrees to restrict access to the
proprietary 1hronnation of the other party to those employees or agents who require access in order to pertbrim:
licrettrider, 'The Receiving Party agrees: (i) to take the same security precautions to Protect agarimst disclosure or
unauthorized use of such Proprietary Infbi-mation that the party takes with its own proprietary infortnatiort,but in Ito
everw will a party, apply less than.toasonzible pj=autions to prolect sucli Proprietary Itifornnation,and (ji) not.to itse
(except in performance or the, Scrviccs or as othemvise pernfifted herein) or divulge to any third person any such
proprietary Information. Flock's uric of the Proprietary Infortnation inay include processing the Proprietary
information to stmJ Agericy NotiCICaIiAMIS Or alCtIS, SUCIT as Wherl as car, exits Agency's neighborhood,or to analyze
the data leollected to identify inotion or other events.
The Disclosing Party agrees that,the ifrupgoing shall not apply with respect to arry information that(a)is orbecornes
generally avallable to, the Public, or (b) was, in its possession or known by Receiving Party prior to receipt firorti tire
Disclosing Party, or (c) was rightl'ully disclosed to Receiving Party without restriction by as third party, or (d) was
independently developed without use oratry Proprietary Infiormation of the Dis0i,)sing Party or, (e) diar is c1cemed
pulil ic in accordance with the Texas Public Inforniation,Act.
Nothing in this Agreerrient will prevent,the RcQciving Party from discit)sitig the proprietary firfurniation,pursuant to
array subpoena, suronions, jndicial order, law, rule, regulation, or,other judiciul or governmental process, provided
that the Kiw6virig party gives the Disclosing Party reasonable prior notice of such diiclosuru to obtain it protective
order or titherwise oppose the disclosure. For clanty, Flock rnay aecM, use,prcsciirc and/or disclose the Footage to
himr enforcement authorities;, government officials, and/or third if legally required to do so or if lock has a
good snit belief that such access,uNc,preservation or disclosure is reasonably necessary to, (a)comply with a lc ,all
Page 6 eof 112
Resolution 2023-011
Addendum
Page 75 of 80
f to c �k s a f le y
process or request;, (b) cyift'nve this Agrectrient, including investigation of any potential viotlition thercof` (c)detect,
prevent or otherwise address, security, fraud or tQQfijljcaj isst,les,or(d,)protect the fights,propertiy or safety of Flock,
its uscrs, at third party, or the public as,required or permitted, by law, including respond to a," eftleTMlcy' Situation-
Having received notice prior to data being deleted, flock may store Fooiage in order to corriply with at,valid COLVT
tirder but such retained Footage will not be retrievable without a valid court order,
4,2 Agency and Non-Agency End User Data. As bcovcen I'lock and Agency,, all right, title and interest in the
,Agency Data and Non-Agency FAid User Dara, belong ic) and are retained!solely,by Agen'tcy, Agency hereby grants
to Flcick as limited, non-exclasive., royalty-free, worldivide license to rise the Agency Data and Nott-Agency End
User Data Lind perfoirn all acts with i-csl,)cct to the Agency I)ata and Non-Agency End User Data as inay be
necessary l"or Ilock to provide the Flock Services to Agency, iticluding without limitalkin the Support Services set
forth in Sec ion 2.9 ab(,we,and a nron-exch"Isive,perpetual, irrevocablc, worldwide,royalty-free,fully paid license to
irse, Teprodtice, modify,and distribute 111c Agency Data and Non-Agency End User Data as as parl of the Aggrcgatted
Data (as defined in Scctiol,t 4.4 belmv)., As between Fl(ick and Agency, Agency is solely responsible for the
accuracy, qua,lity, integrity, legality, reliability, and appropriateness of all Agcmcy Dala and Non-Agency Uid Llser
Data, As belween Agency and Non-Agericy End Users that have prescribed access of Footage to Agency,efich,o.f
Agency and Non-Agency F.rld Users, will share all right, title and interest in (tie Non-Agency End IJwr Data, This
Agreement does not by itself rnake any Non-Agency End User Data the wale property or the proprietary Information
of Agency. Flock will autuniatically delele Frialage ohlor than thirty (3n) days, Agency hat, as thirty (30) day
window to view,save and/or transnut Footage to the relevant government agerwy prior to its deletion.
43 FeedbacL if Agency provides army soggemions, ideas, enhancen-tent requests,, feedback, recornatenitintions or
other in(brination relating to the stibject matter hercun(ler, Agency hereby assigns (,aad will cause its agmas and
representalives to assign)to Flock all right.,title and interest (including intellectual property rights) with respect to at-
resulting firon)any of the foregoing.
4,41 Aggregated Data. N otwith standi rig anything in this Agreentetit to the contrary, [,`lovk shall havc the right to
collect and analyze data that does not rerer to or identify Agency or any individuals or de-identifies such dauxand
other iliforniation relating to the provision, use, and perforinance of'various, aspects of'the get-vices and related
systerris alit] technologics (including, without limitation, inforruation conceniing Agency Data and data derived
therefrom). For the sake of clarity, Aggregated Data is compiled anOnYMOLls data which has beell Stripped of ally
personal identifying information. Agency acknowledges that Flock will be conipfling anortyrnized an(Vor
aggrcgated data based on Agency D-,'jta ,aid Non-Agency Etid Usor Dina input into the SeMees (the "A gr Ao, egated
Data"). Agency heroby goinu Flock a non-CUILISiVC, worldwide, pvrpetual, royalty-five right and, hconse (during
and after the Service Term hercot) to (i) use and distribute such Aggregawd Data to improve and enhance the
Services and for,otlier rnarkeling,developirterit,diagnogtic and,corrective:putI)oses,Offield Flock offerings, and crinte
prevention eflbrts,, and (ii) disclose the Agency Data and I'on End User Data (both inchlsive of tarry
Footage) to cm)b1c kiw enforcen'tern trioniloring against law enforcentent hotlists as we'll as provide Footage scarch
access to law enfinvernent for investigative purposes only. No,rights or licensees are gnuned cxcept as expressly wl
forth herein,
5. 111AYMENTOF FEES
5.1 Fees. Agency will pay Flock the first Usage Fee,the Iniplemontation Fee and any f6e for Hardware,(as described
on the Order Forin, together the "'Initial Fees") as set forth on the()rder Forni on or bcf6rc the 30th day followirig
receipt 01, invoice, after successful validation of the 'Units, Flock is not obligated to Continence the Installation
Services urik*s alit] until the Initial Fees have been made,and shall have no liability resulting frorin arty delay related
thcre(o. Agency shall pay the ongoing LNagc Feo, set forth, on the Ordcwr Fonn with such Usage Fees due and
payablc thirty (30) days in advance of ea paynwnt period, All payments will be niade by either A(sill„ check,, or
credit eard. he firm woonih of Flock Services cnjrrespctnding tea the first Usage Fee parrient will begin upon the first
inslallation of Hardware,, F'orAgencies who purchase len (10)or triorc Units, in the event thto only,a portion offlic
Units are installed at the first instalkition with additional Units to be installed w a later (late, Usage Fevs, shall be
Page 7 of'12
Resolution 2023-011
Addendum
Page 76 of 80
fl`ock safety
calcuilated on as pro raw basis comspOnding It!) the their installed Units. Agencies will be invoiccd for the additional
Units kninediatcly upon installation of the retliaining I.Jnhs,
52 (I I I lhajiges to Fees. flock reserves the right to charige the Fees of,applicable charges and to institine riew charges
and Fees at the end of the Initial J'errn(,,)j- arty Renewal Tenn, upon sixty (6,0) days' notice, prior to the end o,rmtch
Initial Term or Renewal Term (as applicable) to Agency (which array be sent, by ernafl), 11"Agemy believes that
Flock has billed, Agency incorrectly, Agency ntust c(lintact Flock no later than sixty(610)days after the closing da,t'e
on, the l'irst billing statemeril in which the error or problQrn appeared, in order to receive an adjustment or credit.
Inquiries should be directed ltl flock's custorrier support deparinient. Agoncy acknowledges and igrees that as thilure
to contact Flock withirr this sixty (60) day period will serve as a waiver of,any claim Agency play larva had as a
result of such billing error,
53 Invoicing, bite Fees; Taxes, Flock tnay choose to bill through an in.vt)ice, in which case, fall payrnerli For
it issued in arty given month fniusl lie received by Flock,thirty(30)days after flic niailing(late of the invoice,
thipaid aniounts are subjeo to at finance charge of per, nion(b on any outstanding balanec, (V, data rtraximuill
permitted by law, whichever is towel" plus all expetlses of collection, and nlay result in inimediate lerininalion of
Service. To the extent allowable by law or Agency regulations periiiiniog to tax-exerript entities, Agency shall be
respomible for III taxes aIsqoQiated wilh Services other than U.S. taxes based on Flock's net income.
5A No-Fee Terin Access.Subject to I'llack's record reteridon,policy,Flock offers contplimenlary access to the Flock
System for thirty(30)days("No Fee Tiwnt")(li Agency whco Non-Agency End Users intentionally prescribe access
or jildieW orders rnandate access to Non-Agency But User Darla. Agency agrms, to pay the Irlidal IFees and Usage
Fees aceni-ding to Section 5.1 and will receive Flock's eoinplimenlary, access lo the Flock Service and Fookage for
no additional cost. Should such access cause Flock tea incur internal or out-of-flocket costs that are solely the result
of the access, Flock reserves tire right To invi,)icc these costs to Agency under Seetioll 53 and Agency agrees to pay
thern. The cornplitnicrawy No Fee 'Tents access to Fl,f.,)ek Services shall survive the exI)iration or tennination of this
AW�eernerlt for have(5),years unless Agency provides written,notice oftbe intent to cancel acccss lo Flock Services,
6. rERNI AND IT 11MINATION
61 Ternt SubJect co,carfler iennination as provided beknv,the irritialterin ol tits Agreement shall be For the perrod
of time set.forth on the Order Form(the"lidda/DrUj"),
the Order 17orol,this Agreenjent will outamadvally renepefin-stievevsive renenuil rerinsfor the greater ofone year
and the length set firth on the Order 11(war (nwil, a "Renewal Amin", air(] logether with the Initial Tenri, the
"&w0ce 7e)-m") unlevv either,party gives the other parly notice of tjon-renewal at least thirtY 00) days In-ior to
the end vj"the then-ctirrent terry".
6.2 Ageticy, Satisfaction Guarantee. At, any time during the agreed upon terna, an Agency not fully satisfie(,I with
dle service orsolution may self-elect to terniinate their contract, Self-elected termination will re5uh in,a unc-tinle fee
of actual cost of removal and labor,said cost not to exceed$500 per,camera.Upon self-elocled tennination, a refund
will be provided, prorated for any fees paid For the rernaitring Term, length set forth previously, Self-to-linrlationof
the ctmitract lay the Agency will be ell"ective irnniediately, Flock will rel-nove all equip ment at Flock's own
convenience,within a commercially reasonable period upon terri'linition.Advance notice will be provided.
6.3 Termination, In the event of any maternal breach ofthis Agreement,the non-breaching,party may tertuinate,this
Agreement prior to the end ofthe Smice'rerm by giving thirty('30)days prior,wtittert native to dw broaching party;
provided, however, that thiN Agivernont will not terminate if the breaching; party has cured the breach prior to the
expiration of such thirty-day period, Either party may termirtal'c this Agreement, withont noticc, (i) upon the
filstiNtion by, or against the other party of insolvency, receivership or bankruptcy procQedings, (ii) upon the o1her
party's rnaking an assignment for the benefit of creditors, or (iii) upon the other pany's dissolution or c4oasing to do
Page a of 12
Resolution 2023-011
Addendum
Page 77 of 80
f i"o c k s a f e ty
business. Upon tennination Rn Flock's toateri,al breach, Flock will refirrid to Agency a pro-rasa portio�o or tile
pre-paid F"s for Sel vices riot receive(]due to such termination.
6A E.ffect ol"Ferriti nation. L.,Jpon any terniination of the Service Flock, will coltect all Units,delete all Agency
Data, terminate Agency's right to access or use any Services, and all licenses granted by Flock hereunder Vvill
inarnediately cease. Agency shall ensturz that Flock is granted access to collect all Units and shall etisure that flock
personnel does not encounter Hazardous Currditiorrs in Ills; collection of such tinits. Upon termination o!f this
Agreenrerrt,Agency rush i ninwdiately cease all rise of Hocl< Services.
6.5 No-Fee Terin. 'rhe initial No-Fee Temi wRI extend,after entering iroothis Agrecincitt, leer thilly(30) (jays from
the (late a Ncin-Agency End User grants access to their Footage and/or Nofifications. In expectatiori of repeated
mart-corainuous No-Fee Terms, ["lock rnay in its sole discretion leave access ()pell ror Agericy's Authorized End
Lfsers despite there not being any current Non-Agency End User authorizations, Such access and successive No-Fee
"Yerins are deemed to be part of the No-Fcc Terra, Hock, in its sole discretion, erm delernline not to provide
addifionil No-Fee Terril,'i or can finpose a price per, No-Fec Turn upon thirly (30) days, notice, Agency inay
terminate airy No-Fee Term or access,to Nwre No-Fee Terins upon 30 days notice,
6,6 Survival. The following Sections will survive terrilinatiow 2A,15,3,4,5(with respect to any accrued rights to
payinont), 54,6,5, 7 4,,K 1,8 7, X 3,8 4,9.1 uncl 10,5,
7. REMEDY;AVARRAN"RYA ND DISCLAIMIER
TA Remedy. Upon a nialtrinction or failure of:" 1-hardware or fiinbedded Software (a "Defect"), Agency must first
tuake coromercially reosomlble efforts to,address the problern by contacting I'lock's technical suppoil as described in
Section 2.9 ab(,we, It'such effor ls do, rx.it correct the Defect, Flock shall, or shall instmo one of its contractors to
repair or replace the Hardware or ("I'mberlded Software suffedog from the Defecl. Flock reserves the right in their
sole discretion to t,Qftjse or d0ay replacerneyll or its choice ofrerned'y for as 0cfect until aftu h, has i.nspected and
tested the all'ecied Unit provided that such itispection and tent shall, occur within sevanty-two (72) hours SflOr.
Agency notifies the Flock, cal"a, Defect, In the cv®rul of a Defect,Rock will repair or replace the defective Unit at no
additional cost.In the event that a LJO,is lost,stolen,or danmged, Flock,agrees to replace the L..Tnit at a fee. according
tO the thCri-C11frent, Reinstall Policy Agency shall not pee
required to replace subsequently lost, daniaged or stolert, Units, however, Agency understands and agrees that
11tnetionality, including Footage, will be materially aftected clue to such subsequently least, daniaged or slolcn units
and lluji Flock will 'have no liability to Agency r", arding such affected functionality nor shall the Usage F'cc or
finplerneritation,Fees owed be irripileted.
7.2 Exclusions. Flock will not, pr(wide the rernedy dmribed in Section 7.,1 above if any ofthe following exclusions
apply: (a) misuse ol" dle Hardware, or Linbedded Sofiware in any loanner, including operation of ille Hardware or
Embedded Software in any way that does not strictly comply %vith any applicable specifications,dOCUrnentation,or
other restrictions on use Provided by Flock; (b) dan-iage, alteration, or n1odification of the Hardware or lEinbedded
Sollware in any way; or fc) cloilibination of the Hardware or Embedded Software with software,hardware or other
technology that was not expressly authorized by Flock.
73 Warranty. Flock shall use reasonable Worts consistent with prevailing industry starrdards to inaint ain the
selwices ill a Manner which mirlitnizes en-ors and intell,uptions, in the Set-vices and silafl, putot 11) the Installation
Services in as profmrorial and WorknizInliko inallner. Upon corripletiotr Many installation or repair, 'Flock ,shall clean
,and leave the in gwood Condition. Services alay by tviriporarfly urlavailable for scheduled mainlet'rance or ll,)r
unscheduled cloergency nrainteirance, either by Flock or by third-party providers,or because i.Aothur eausQ,'i bvy(mrd
Flock's reasonable eoritrol, but Flock shall use reasan.,ible efforts to provide advance notice ill writing car say c-rnail
of any scheduled service disruption,
Page 9 of 12
Resolution 2023-011
Addendum
Page 78 of 80
ffock safety
7A Disclaimer. THE 1, MEDY DESCRIBED IN SfVTION 7.1 AM)VE', JS AGENCY'S SOL,17 REMEDN', ANI)
FLOCK'S SOLL LIABILITY, WITH RESPECT TO DEFECT'IVEAR HARDWARE ANI)IOR, L`WI13EDD1_D
SOFTWARE, 111E FLOCK DOES NOTNkARRANT THAI" THE SERVICE'S WILL BE LJNIN'I FluzurrED OR,
ERROR FREE; NOR DOES 11" MAKE, ANY WARRANTY AS TOT'llE R.ESULI S THAT M AY BE 0 131A INEM
FROM USE OF THE SERVICES. EXC]"HEPT AS EXPRESSLY Sr."I' FORTH IN THIS SE(7TION,THE,SERVI(J,'S
AND (NS'I'ALLATION SEMVICE',$ ARE, PROVIDED "AS IS"" AND FLOCK 'DISCLAINISALL WARRANI"IE'S,
EXPRESS OR IMPLIED, INCI'LUDIN(l, 'BUT NOT LINITTED TO, IMPLIED WARRANTIES OF
AND FITNESS FOR, A PARTICULAR PURK)SE AND NON-tN1-'RINGEMENT ,TH IS
DISC I- OF SEC11ON 7.4 ONLY APPLIEST01111 EXTENT'ALLOWED BY THE GOVERN ING LAW
01" IN SECTION 106, OR IF NO s r'A"IT IS MENTIONt,",13 IN SECTION 10,6, (3Y
TI I L LAW OF Ti-w,STSIT,'OF GEOR(JIA,
7.5 hisurairce. Flock shill ourimain ca,nnniercial gencrat hability policies with policy limits reasonably
cornmensurate with the rnagnitude cl ils business risk,, Certificates of Insuratice AM be provided upon request,
Agency is a, seff`µinsurerl govermnenr t entity as airthorized under applicable law and shall provide a letter of
self-insuran.ce indicating mlChstatus to Flock upon request,
7-6 Force Majeum Neither party sliall be responsible troy liable for onyx delays,or fidlurcs in perlormalice frorr)tiny
cause beyond its control, including, but trot lililitUd to Uts of gloat, ChatlgeS to law or regulations, ciiibargoes, war,
(Quorist act$, epidemics, pandernics, acts or ornissions of third-party technology providers,riots, fires, earthquakes,
florxls, power blackouts, strikes, weather conditiotis or,acts (.A'backers, internet service providers or array other t1rird
Party(it,acts or oinissioas of the other party.
8. LINI1`FNI10N OF LIABILITY AND INDEMNITY
8,11 Lirriftaflon of Lial)fljty„ NO'I"WI'THSTANDING ANYTHING TO THE CONTRARY, I.XCIA"T INC THE"
E'VENT' OF GROSS NEGLIGENCE OR IN"I"ENTIONAI, OR WII.,LFLJI,AC'I' FL,0C1C AND ITS SUPPLIERS
(INCI..,IJDIN(',,, 81 1T NOT- LIMITED TO ALL, HARDWARE AND 'rE('fJNOL(,')GY SLIP P 1,IE"It's), OF-FICIEIS,
AFFILIATES, REPRESENTivriVES, C'ON`I7RAC'I`()RS AND EMPLOYfiES, SHAI I. NOT ITE RESPONSIBIX,"
()R LIABLE WIT11 RESPE(71" TO ANY S1313JECIT MA]"I ER OF '11,11S A(,TRf'J,,TvfFN"F" OR TERMS AND
CONDITIONS I1Ei.,,NrFJ) 'I"HERE 1`0 1IN1)1,711 ANY CONTRACT, NEGIAGE,"NCIIE, s,rRie'r LIABILIn"
PRODIJCT LIABILITY, (M OTHER, THEORY: (A)FOR.ERROR OR, INTERRUJI'l I(I)N (1[1 USE OR FOR, LOSS
OR INACCURACY, INCOMPLETENESS OR CORKLIPTION OF DATA OR FOOTAGE OR COS'1' 017
1`11,C)CUREMEN r Ol' SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B)
FOR ANY INDIRECT, EXEMPLA.16P, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C)FOR
ANY MAI'TER BEYOND FLOCK'S AC71JAL KNOWLEDGIE (")R RtiASONABLE CONTROL INCLUDIN(.3
REIIEEAT CRIMINAL AcTivrn, OR INABILITY TO CAPTURE FOOTAGE OR, 11)I',.N1,'lFY ANIXOR
CC`RRELAIT A I.,ICENSE PLAT'E WITH THE FBI DATABASE; (D) FOR ANY PLIBLIC DISCLOSURE 01"
PROPMETARY INFORNIX110N MADE IN GOOD FAITH, (E) FOR CRIME PRJ,VENTION; OR ('F) FOR,ANY
AMOON'll"S 111N]" IC;(A WITH ANIOUNTS ASSOCIN't'13"D WIT11 ALI, OTHER CL,AIMS, EXCEED
TtIE FEES PAID AND/011 PAYABLE BY AC. EN(.1' To FLOCK IFOR THE SERVICES UNDER 11411S
AGRE','XNIE,N1' IN THE TWELVE (12) MONTHS PRIOR 1'0 THE ACT OR OMISSION-THAT GAVE,RISFTO
THE I,IABIl JTY" IN EACH CASE WfIETFIER OR NOT FI,OCK FIAS BEEN AD'" ISE,1) OF '1711F,',
POSSIBILITY OF S1XV!DAMAGES. IN THE EVENT OF AN LIVIERGENCY,AGENCYSHOL)LD CON'IAC'"F,'
911 AND SHOULD NO]"' RELY ON' TF(b SERVICE&THIS IAMITATION OF LIABIL117Y OF SE(1710N 8
ONLY APPLIES TO THE EXTENT ALLOWED ny ,rfit, GOVERNING LAW OFT1413 STATE MENTIONE.1)
IN SECTION 10A, OR, IF NO STAIT, IS MIFNTIONT"D IN SE(`TION 10.6, BY THE LAW (,')F THE $17 NIT,OF
GFORGJA,
8,2 Additional No-Fee Terni Requirements. FXCEPT' IN TtIF. EVENT' OF OROSS NEGIA,GENCE, OR
INTENTIONAL OR W11.1,FUL ACTS, IN NO tWFNT SIJALA, FL,O(',,K'S AGGREGATE LIABILITN, IF ANY,
ARISING 0L)"I' OF OR IN ANY WAY RE,1ATED 'ro "I TIE COMPLIMENTARY NO-IFEE TERNI AS
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DESCRIBED IN SH"ITION 6.5 EXCEED$1100, WITHOUT REGARD71 r WHETHER SUCH CLAIM IS BASEL)
IN CON'ITACT,TOlrr(INCLUDING NEGLIGENCE),PROIX JCT LIABILUTY OR 0714EIWISE,
83 Responsibility. 1.4"ach Party to this, Agreerrient shall, assunre the responsibility and liability fbr the acts and
otrussions of its own employees, deputies, officcrs, or agents, in connection with the perfornionco of their official
duties Urider this Agrcenwnl, Eacti Patty to this Agreement shall, be liable (if at all) only for the torts of its, oAll
officers,agents,or employees that Occur within the scope of their n rf iciat duties,
8A Indemnity. T'o the extent perinitted by appficafife law, Agency hemby agrees to indemnify and hold harniless;
f lock against any darnages, losses, liabilities, sculctnents arid expenses (including without hinitatioll c()sts iind
attorneys' fees) in connection with any al mire or action that ariscs ffurn an alleged violation of Section 3.2,a ltrcach
of this Agreement, Agency's Installation ObliVitions, Agency's sharing ofarry data in connectic)n with the Flock
syslem, Fkwk employces or agent or Non-Ageney Flod t,tsers, or otherwise froor Agency's use of the Services,
Hardware and any Software, including ratty Claim fliat such actions violate any applicable laut or third pariy rigioa
Although Flock has no obligation to 11,101ritor Agency's use of"the Services,, Flock may do so and may prohibit any
use of the Services it believes may lie (or alleged to be) in violation of Section 3,2 or this Agrecawnt,
Notwithmanding array of t1w l'oregoing, nothing herein Shall require Agency to create a sinking food to satisfy any
obligation to indemaify under this Agreenient.
^ , Ili.ECORD RUTENTION
9,1 Data Preservation. The Agency agrecs to store Agency Data.and Non-Agency [land User Data in cornffliancv
with all ""IrallicalflC local, state and federal laws, regWations, p4:rlicies and ordinances acrid their associated record
retention schedules. As part of Agency's consideration,for paid,avccss rind no-feeaeceis to the Flock,System,it)the
extent that Flock is required by local, state or federal law to store the Agency.Dataa or the Non-Agency End 1.1ser
Data, Agency agrees uport thirty (M)) days written notice front Flock, ifftossible,to proscrvQ and securely store this
data on Flock's behalf so that F'lock can delete tire dati frorn its, servers and, should Flock be legzilly compe I led by
ju(licial Or goverruirent order,, 11ock may, retrieve the (hita front Agency in accordance with the applicable law set
fiorth in Section 10,6,
10, MISCELLANEOIJ8
10.1 Severability. If any provision of tIns Agreernent is fbund 14)be unenforecable or invalid,that provision will he
limited or eliminated to the miriiinUrn QNjQfn rtCCCssefy set that this Agreement will otUrwise remain in firli fioree and
effni and enforceable,
101 Assignment. This Agreement is not assignable, transferable or,subficensable by Agency except with Hock's
p,rear written conserit. Flock inay transfo- and assign, any of its riglits and obligations, in whole or in part, to any
a ffiliate company in which it owns as majority share or is under corninor-t owncrship ur control urider this Agi ecureW
without consent.
10.3 Entire Agreement. 1,his Agreement, together with thQ Order Forin(s), the ffien-Current Reinstall Policy
(i,it(ps:/Ay,ww.fli)ck,saf'ety,con,t/reinst!all,!ro,e-selivd,tile'), and Deployinerit Man(s), are the complete and QXe1USJVO
statenlent of the nurtual understanding or the parties and supersedes and cancels ill previcxis writteri anal oral
agmerterits, coniniunications and other understandings relating to the subJect
waivers and modifications tyrust lie in awriting signed by both parlies,eNcvp(Ps othorwise provided,herein. Maitre of
Agency's purchase ord,ors, authorizatiorts or similar docurnents will alter the terms of this Agreement,and any such
confiticting terrns are expressly rejected.
10.4 Relationship,No,argeney,ptirtnvrs,hip,,,joint,vei,!itiirc,I or ernployinent is created as a result of this Agreement at"id
neither party shall,have any,authofitY of any kind to bind the other paily in any respect NOtatsoever,
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Resolution 2023-011
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ffluck saN fety
10.5 Costs and Mtorneys" Fees., In any action or proceeding to enfonee rights,under this Agreement atiorney's fees
Mull]be,awarded m authorized by the law of the state set Corth in Section 10,6,
10.6 G'overnhig Law, Venue.This Agreenientshall be governed,by the Iftws of the State OfTexas without reg�:K(j to
its ollfbol rat' draws rovisi(�)Jj The [`cdcral and state cr.)urts sitling in the State of" Texas will have proper and
P ,$,
exclusive Jurisdiction and VellUIC with, respect to anY disputes arising froni or reLated t(i the subJect matter of this
Agreement, The parties agree that the hated Nations C'oriventkai lot the International We of(loods is excluded in
its entirety fro this Agreernant., Any distitire arising out of, in conriectioti with, or in relation to this agrectrientcar
the rnaking, of' validity flicrcof' or its inferpretation or any breach thereof shall be determined and settled by
arbitration in Tartan(County, lex,as by a u)fc arbitrawr pursuant to the rules and regulatit'ais then obtaining of"the
Ainerjeari Arbitration Association and any award rendered therein$IMH be final and conOusive uluni the parties,ind
as j UdglaC11 1, thei con may be c ntered in 11 w highest courl of tfie forurri, state or federal, havin g j urisdiction. The
service of any notice, process, motion or other dOCLIfnent in connection with an arbitration awfird under this
agro(=cnt or ft,)r the c.nforcementof an Drbitration award hereturcler may be cffectuated by either persortal service or
by certified or registered mail to the respect No addresses providt-d hcreia,
10.7 Publicity. Unless, otherwise indicated on the Order Fomi, Flock has the right to reference and kiw, Agericy's
narrie ariA troodeniarks mid disclose the trature of the Services provided hereunder in each case in business an(],
development and marketing cTf'c)rtx, on Flock's webgitc,, Flock shall not use Agency's rianre or tradetriarks in any
negative, false,tnisleading,car dernearring rn anner,a)Agency's sole discretion,
M8 ExpoirL Agency may rica reinove or export firoirl the United Stares or allow the export Or re-Cxport of the Fk,,wk
IP Or anything related thereto,or any direct product tliercor in violation ofany re5iffictions, laws or regulations of'the
Urdtad States Department of Cbratnerco, the Llrritcd Stances Department of Treasury Office of Foreign Assets
Control, or any othel, I'Mited States or foreign agency or atithority. As defined in FAR section 2.101,the Services,
the Hardware, t1w Embedded Sof1w,a r e ird Dockir no :tion are "conuricreial,items"and according to DFAR scetio"M
252,22770 1 4flaf(l) and (5) are, deetned to be, "coirrinercial cornputer, softivare"and"coaunercial computer software
docurneritation," Consistent with DFAR section 227.7202 and FAR section 12.212, any rise, n1r)(Jificatioll,
reproduction, release, perfimirance, display, or disclosure (.,)f such corni-nercial software or coniniercial soffivare
documentation by the U.S. Government will be governed solely by the tenns of"this Agreement and will be
prohibited except to ilre extent expressly pertnitted by the tonnes ofthis Agreement.
1(0, Headings, The hculings are ivl"tly rOj and himuld 11(pt bu colOmed ;1s adding nicaning to the
Agreerrient,or interpreting the associated Sections,
10.1(i Counterparts, This Agreement may be executed in two or olOrC co u ril,erpa rts,each of'which shall be decreed
al)(niginal, but all rat which logether sl�iall constrinte one and the saruc instrunicrit.
10,11 Authority. Eaeb of the belo%, signers of this Agwenwnl represent that they understand dais Agreemetit and
have than authority U)sign on behaffof and bind the organizations and individuals they are representing,
10.12 Notices. All notices under this Agreement will be in writing arid will be deeined to have been duty given
when reserved, it' personally delivcred,„ when receipt is electronically confirt"ed, if transmitted by facsirrifle or
e-tnail; the &iy after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon
receipt,ifsent by certified or registered inail,return receipt requested,
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