HomeMy WebLinkAboutCC 2026-05-13 Agendas t4RH
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
WEDNESDAY, MAY 13, 2026
WORK SESSION: 6:00 PM
Held in the Council Workroom
CALL TO ORDER
1. Discuss items from regular City Council meeting.
Attachments: Memorandum
2. Discuss City of North Richland Hills 2026 Preliminary Taxable Values.
Attachments: Memorandum
FUTURE AGENDA ITEM(S)
The purpose of this item is to allow the Mayor and Council members an
opportunity to bring forward items they wish to discuss at a future work
session. In accordance with the Texas Open Meetings Act, any discussion
shall be limited to a proposal to place the item on a future agenda. The
Council shall not vote, or take any action on the items during this meeting.
Wednesday, May 13, 2026 City Council Agenda
Page 1 of 5
EXECUTIVE SESSION
The City Council may enter into closed Executive Session as authorized by
Chapter 551, Texas Government Code. Executive Session may be held at the
end of the Regular Session or at any time during the meeting that a need
arises for the City Council to seek advice from the city attorney (551.071) as
to the posted subject matter of this City Council meeting.
The City Council may confer privately with its attorney to seek legal advice on
any matter listed on the agenda or on any matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter
551, Texas Government Code.
1. Section 551.071: Consultation with City Attorney to seek advice about
pending or contemplated litigation or on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with
the Open Meetings Act - (1) Jessie Goodfellow v. City of North Richland
Hills, et al, Cause No. 352-366545-25; (2) Travis Scott Gray v. City of
North Richland Hills, et al, Civil Action No. 4-25CV1276-09; and (3)
Bank of the West v. G.Q. Enterprises Corp., et al, Cause No.
141-376075-26.
2. Section 551.087: Deliberation regarding commercial or financial
information that the governmental body has received from a business
prospect that the governmental body seeks to have locate, stay, or
expand in or near the territory of the governmental body and with which
the governmental body is conducting economic development or
deliberation of the offer of a financial or other incentive to such a
business prospect (1) Northeast Corner of Boulevard 26 & Harwood
Road, (2) EZ Streets Empowerment Zone, (3) Southwest Corner of
Davis Boulevard and Smithfield Road, (4) 8021 and 8029 Main Street,
and (5) 6720 NE Loop 820.
REGULAR MEETING: Immediately following executive session (but no
earlier than 7:00 p.m.)
Held in the City Hall Council Chambers
A. CALL TO ORDER
A.1 INVOCATION - COUNCIL MEMBER ROBERTS
Wednesday, May 13, 2026 City Council Agenda
Page 2 of 5
A.2 PLEDGE - COUNCIL MEMBER ROBERTS
A.3 CANVASS ELECTION RESULTS
A.3.1 Approve Resolution No. 2026-027, canvassing the results of the May 2,
2026 General Election.
Attachments: Memorandum
Resolution 2026-027
A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
A.4.1 Oaths of office and swearing in ceremony for newly elected officials -
Mayor and Council members for Places 2, 4, and 6.
Attachments: Memorandum
A.5 PUBLIC COMMENTS
An opportunity for citizens to address the City Council on matters which are
scheduled on this agenda for consideration by the City Council, but not
scheduled as a public hearing. In order to address the City Council during
public comments, a Public Meeting Appearance Form must be completed and
presented to the City Secretary prior to the start of the City Council meeting.
A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
B.1 Approve the minutes of the April 27, 2026 City Council meeting.
Attachments: Memorandum
Minutes
Wednesday, May 13, 2026 City Council Agenda
Page 3 of 5
B.2 Consider Resolution No. 2026-028, authorizing the renewal
subscriptions for Flock Safety Gunshot Detection Raven and Flock
Safety Falcon devices from Flock Group Inc. in the amount of $192,000
using FY 2026 North Texas Anti-Gang Center Grant #2848911 funds
and $192,000 using FY 2027 North Texas Anti-Gang Center Grant
#2848912 funds, if awarded, for a total amount of $384,000 and
authorizing the City Manager to execute Regional Asset Transfer
Addendums with the City of Arlington to transfer the subscriptions
approved therein.
Attachments: Memorandum
Resolution No. 2026-028
Contract Raven
Contract Falcons
Sole Source
Letter of Intent
Asset Transfer Addendum B 22
Form 1295
C. PUBLIC HEARINGS
D. PLANNING AND DEVELOPMENT
E. PUBLIC WORKS
F. CITIZENS PRESENTATION
An opportunity for citizens to address the City Council on matters which are
not scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the City Council during
citizens presentation, a Public Meeting Appearance Form must be completed
and presented to the City Secretary prior to the start of the City Council
meeting.
G. GENERAL ITEMS
H. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION
ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON
WORK SESSION AGENDA
I. INFORMATION AND REPORTS - COUNCIL MEMBER BLAKE
J. ADJOURNMENT
Wednesday, May 13, 2026 City Council Agenda
Page 4 of 5
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills
City Council was posted at City Hall, City of North Richland Hills, Texas in
compliance with Chapter 551 , Texas Government Code on Thursday, May 7,
2026 by 5:00 PM.
Alicia Richardson
City Secretary/Chief Governance Officer
This facility is wheelchair accessible and accessible parking spaces
are available. Requests for accommodations or interpretive services
must be made 48 hours prior to this meeting. Please contact the City
Secretary's office at 817-427-6060 for further information.
Wednesday, May 13, 2026 City Council Agenda
Page 5 of 5
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: May 13, 2026
SUBJECT: Discuss items from regular City Council meeting.
PRESENTER: Paulette Hartman, City Manager
SUMMARY:
Provide the City Council with the opportunity to discuss any item on the regular agenda.
GENERAL DESCRIPTION:
The purpose of this standing item is to allow the City Council an opportunity to inquire
about items that are posted for discussion and deliberation on the regular City Council
agenda.
The City Council is encouraged to ask staff questions to clarify and/or provide additional
information on items posted on the regular agenda or consent agenda.
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: May 13, 2026
SUBJECT: Discuss City of North Richland Hills 2026 Preliminary Taxable
Values
PRESENTER: Trudy J. Lewis, Assistant City Manager
GENERAL DESCRIPTION:
Staff will provide the an overview of the Tarrant County Appraisal District Preliminary
Values Report for Tax Year 2026.
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: May 13, 2026
SUBJECT: Approve Resolution No. 2026-027, canvassing the results of the May
2, 2026 General Election.
PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer
SUMMARY:
The City Council is required to canvass the votes cast at the City Council General
Election held on May 2, 2026. Resolution No. 2026-027 formally accepts the results of
the election and declares the winning candidates.
GENERAL DESCRIPTION:
The Texas Election Code requires that the City Council meet no earlier than the third
(3rd) day and no later than the eleventh (11t") day after the General Election to canvass
the results of the election. The City Council cannot canvass the election results until
the Early Voting Ballot Board has verified and counted all provisional ballots or timely
received ballots from outside the United States.
The table below consists of the results posted on Tarrant County's website (timestamp
May 4, 2026, 9.19.46 AM). The results do not include all provisional ballots or timely
received ballots from outside the United States. The additional ballots will not affect the
outcome of the election results. Staff will receive the final unofficial results from Tarrant
County before the meeting. The resolution will be updated to reflect the final unofficial
results and presented at the meeting.
CANDIDATE ABSENTEE EARLY ELECTION TOTAL VOTES
DAY
MAYOR
LITERALLY ANYBODY ELSE 42 780 433 1,255
JACK MCCARTY 204 3000 1263 4,467
PLACE 2
BRIANNE GOETZ 187 2961 1256 4,404
SEAN SAMUEL LEONARD 55 726 401 1,182
PLACE 4
JOHN SCHLEETER 63 1009 511 1,583
MATT BLAKE 183 2689 1159 4,031
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CANDIDATE ABSENTEE EARLY ELECTION TOTAL VOTES
DAY
PLACE 6
LAURA JENKINS 117 1132 611 1,860
RUSS MITCHELL 112 2357 922 3,391
WILLIAM DARDEN 17 191 113 321
RECOMMENDATION:
Approve Resolution No. 2026-027.
RESOLUTION NO. 2026-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, CANVASSING THE ELECTION RESULTS
OF THE MAY 2, 2026 GENERAL ELECTION; AND DECLARING
CANDIDATES ELECTED TO OFFICE.
WHEREAS, the City of North Richland Hills, Texas ("City") is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section
5 of the Texas Constitution and Chapter 9 of the Local Government Code;
and
WHEREAS, the City of North Richland Hills Charter provides that city elections shall be
held in accordance with laws of the State of Texas; and
WHEREAS, Section 41.001(a) of the Texas Election Code, as amended by the 84tn
Texas Legislature, establishes the first Saturday in May as a uniform
election date for the purpose of conducting a General Election; and
WHEREAS, Section 3.004(b) of the Texas Election Code provides that the governing
body of a municipality shall be the authority to order a General Election for
the purposes of electing members to the governing body; and
WHEREAS, the City Council approved Resolution No. 2026-016, calling the General
Election of May 2, 2026 for the purpose of electing persons to serve on
City Council as Mayor and Council Places 2, 4 and 6; and
WHEREAS, an election was duly held in the City of North Richland Hills on the 2nd day
of May, 2026 to elect a Mayor and Council Places 2, 4 and 6; and
WHEREAS, the City Council has met to canvass the votes cast in such election and
accept the tabulations provided by Tarrant County Elections Administrator
(Exhibit A).
CANDIDATE ABSENTEE EARLY ELECTION TOTAL VOTES
DAY
MAYOR
LITERALLY ANYBODY ELSE 42 780 433 1,255
JACK MCCARTY 204 3000 1263 4,467
PLACE 2
BRIANNE GOETZ 187 2961 1256 4,404
SEAN SAMUEL LEONARD 55 726 401 1,182
Resolution No. 2026-027
Page 1 of 3
PLACE 4
JOHN SCHLEETER 63 1009 511 1,583
MATT BLAKE 183 2689 1159 4,031
PLACE 6
LAURA JENKINS 117 1132 611 1,860
RUSS MITCHELL 112 2357 922 3,391
WILLIAM DARDEN 17 191 113 321
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 following are, and the same are hereby declared to have been elected
to the offices listed below to serve until May of 2029, or until their
successors have been duly elected and qualified.
OFFICE NAME
Mayor Jack McCarty
Council member, Place 2 Brianne Goetz
Council member, Place 4 Matt Blake
Council member, Place 6 Russ Mitchell
Section 3: All Resolutions of the City Council of the City in conflict herewith are
hereby amended or repealed to the extent of such conflict.
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.
PASSED AND APPROVED on this 13t" day of May, 2026.
CITY OF NORTH RICHLAND HILLS
Jack McCarty, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Bradley A. Anderle, City Attorney
Resolution No. 2026-027
Page 2 of 3
Exhibit A
Resolution No. 2026-027
Tarrant County Elections Official Results
[document provided at meeting]
Resolution No. 2026-027
Page 3 of 3
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: May 13, 2026
SUBJECT: Oaths of office and swearing in ceremony for newly elected officials —
Mayor and Council members for Places 2, 4, and 6.
PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer
GENERAL DESCRIPTION:
In accordance with the Election Code, the newly elected officials will officially be sworn
in, and oaths administered by the city secretary. The ceremonial oath of office and
swearing in will take place on May 13, 2026. The following candidates have been
elected to office.
OFFICE CANDIDATE TERM
Mayor Jack McCarty Three years
Council member, Place 2 Brianne Goetz Three years
Council member, Place 4 Matt Blake Three years
Council member, Place 6 Russ Mitchell Three years
In keeping with City tradition, a member of the family or friend will ceremoniously
administer the oath of office to the newly elected officials. In accordance with the
Election Code, the city secretary will officially administer the oath of office before
elected officials take their seats at the dais.
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: May 13, 2026
SUBJECT: Approve minutes of the April 27, 2026 City Council meeting.
PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer
SUMMARY:
The minutes are listed on the consent agenda and approved by majority vote of Council
at the City Council meetings.
GENERAL DESCRIPTION:
The City Secretary's Office prepares action minutes for each City Council meeting. The
minutes for the previous meeting are placed on the consent agenda for review and
approval by the City Council, which contributes to a time-efficient meeting. Upon
approval of the minutes, an electronic copy will be uploaded to the City's website.
RECOMMENDATION:
Approve minutes of the April 27, 2026 City Council meeting.
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL 4301 CITY POINT DRIVE
APRIL 27, 2026
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
27th day of April at 5.30 p.m. in the Council Workroom prior to the 7.00 p.m. regular City
Council meeting.
Present: Jack McCarty Mayor
Cecille Delaney Place 1
Brianne Goetz Place 2
Danny Roberts Place 3
Matt Blake Place 4
Billy Parks Place 5
Russ Mitchell Place 6
Kelvin Deupree Mayor Pro Tem, Place 7
Staff Members: Paulette Hartman City Manager
Trudy Lewis Assistant City Manager
Caroline Waggoner Assistant City Manager
Alicia Richardson City Secretary/Chief Governance Officer
Cara L. White City Attorney
CALL TO ORDER
Mayor McCarty called the meeting to order at 5.30 p.m.
1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING.
Mayor McCarty announced that City Attorney Bradley Anderle is absent and that Cara
White is attending the meeting on his behalf.
2. RECEIVE UPDATE ON BOARD AND COMMISSION TERM LIMIT RESEARCH.
City Secretary/Chief Governance Officer Alicia Richardson provided an update on the
board and commission research of benchmark cities, North Texas cities, and cities with
a similar population as North Richland Hills. Of the 26 cities surveyed, 31% have term
limits for board and commission members and 58% have term limits for elected officials.
In 96% of the cities surveyed, the City Council directly appoints board and commission
members, compared to North Richland Hills the process is based on recommendations
April 27, 2026
City Council Meeting Minutes
Page 1 of 8
submitted by individual elected officials for the City Council's consideration. The
research shows that 69% of the cities surveyed interview board and commission
applicants.
City Council and staff discussed attendance of board members, number of applications
received from the public, methods of public notification and outreach, interview process,
and term limits. City Council directed staff to draft an ordinance to phase in the length of
term from two to three years for appointments in 2026 and 2027. Staff was also directed
to draft an ordinance amending the appointment process for consideration at a future
work session.
FUTURE AGENDA ITEM(S)
Council member Delaney asked to place an item on a future work session for recognition
of citizen of the year, to include creation of a committee.
There being no opposition to add the item for future discussion, City Manager Paulette
Hartman recommended the item be placed on the budget work session agenda. There
was no opposition from City Council.
EXECUTIVE SESSION
1. SECTION 551.071: CONSULTATION WITH CITY ATTORNEY TO SEEK
ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION OR ON A
MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE
GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF
PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY
CONFLICTS WITH THE OPEN MEETINGS ACT - (1) JESSIE GOODFELLOW
V. CITY OF NORTH RICHLAND HILLS, ET AL, CAUSE NO. 352-366545-25;
(2) TRAVIS SCOTT GRAY V. CITY OF NORTH RICHLAND HILLS, ET AL,
CIVIL ACTION NO. 4-25CV1276-09; (3) CITIZEN FORMAL COMPLAINT; AND
(4) BANK OF THE WEST V. G.Q. ENTERPRISES CORP., ET AL, CAUSE
NO. 141-376075-26.
April 27, 2026
City Council Meeting Minutes
Page 2 of 8
2. SECTION 551.087: DELIBERATION REGARDING COMMERCIAL OR
FINANCIAL INFORMATION THAT THE GOVERNMENTAL BODY HAS
RECEIVED FROM A BUSINESS PROSPECT THAT THE GOVERNMENTAL
BODY SEEKS TO HAVE LOCATE, STAY, OR EXPAND IN OR NEAR THE
TERRITORY OF THE GOVERNMENTAL BODY AND WITH WHICH THE
GOVERNMENTAL BODY IS CONDUCTING ECONOMIC DEVELOPMENT OR
DELIBERATION OF THE OFFER OF A FINANCIAL OR OTHER INCENTIVE
TO SUCH A BUSINESS PROSPECT - (1) NORTHEAST CORNER OF
BOULEVARD 26 & HARWOOD ROAD, (2) EZ STREETS EMPOWERMENT
ZONE, (3) SOUTHWEST CORNER OF DAVIS BOULEVARD AND
SMITHFIELD ROAD, AND (4) 8021 AND 8029 MAIN STREET.
Mayor McCarty announced at 5.55 p.m. that the City Council would adjourn into
Executive Session as authorized by Chapter 551, Texas Government Code, specifically,
Section 551.071 : Consultation with City Attorney to seek advice about pending or
contemplated litigation or on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with the Open Meetings Act - (1) Jessie Goodfellow v.
City of North Richland Hills, et al, Cause No. 352-366545-25; (2) Travis Scott Gray v.
City of North Richland Hills, et al, Civil Action No. 4-25CV1276-09; (3) Citizen Formal
Complaint; and (4) Bank of the West v. G.Q. Enterprises Corp., et al, Cause No.
141-376075-26 and Section 551.087: Deliberation regarding commercial or financial
information that the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting economic
development or deliberation of the offer of a financial or other incentive to such a
business prospect - (1) Northeast Corner of Boulevard 26 & Harwood Road, (2) EZ
Streets Empowerment Zone, (3) Southwest Corner of Davis Boulevard and Smithfield
Road, and (4) 8021 and 8029 Main Street. Executive Session began at 5.57 p.m. and
concluded at 6.44 p.m.
Mayor McCarty announced at 6.44 p.m. that City Council would convene to the regular
City Council meeting.
REGULAR MEETING
A. CALL TO ORDER
Mayor McCarty called the meeting to order April 27, 2026 at 7.00 p.m.
Present: Jack McCarty Mayor
Cecille Delaney Place 1
Brianne Goetz Place 2
April 27, 2026
City Council Meeting Minutes
Page 3 of 8
Danny Roberts Place 3
Matt Blake Place 4
Billy Parks Place 5
Russ Mitchell Place 6
Kelvin Deupree Mayor Pro Tem, Place 7
Staff Members: Paulette Hartman City Manager
Alicia Richardson City Secretary/Chief Governance Officer
Cara L. White City Attorney
A.1 INVOCATION
Council member Goetz gave the invocation.
A.2 PLEDGE
The Cub Scouts Pack 386 led the Pledge of Allegiance to the United States and Texas
flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
There were no items for this category.
A.4 PUBLIC COMMENTS
There were no requests to speak from the public.
A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
No items were removed from the consent agenda.
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER MITCHELL, SECONDED BY COUNCIL
MEMBER PARKS TO APPROVE CONSENT AGENDA ITEMS AS PRESENTED.
MOTION TO APPROVE CARRIED 7-0.
B.1 APPROVE THE MINUTES OF THE APRIL 13, 2026 CITY COUNCIL MEETING.
April 27, 2026
City Council Meeting Minutes
Page 4 of 8
B.2 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE CITY OF TERRELL FOR THE PURCHASE OF
GOODS AND SERVICES FROM VENDORS SELECTED THROUGH THE
COMPETITIVE BIDDING PROCESS.
C. PUBLIC HEARINGS
There were no items for this category.
D. PLANNING AND DEVELOPMENT
There were no items for this category.
E. PUBLIC WORKS
There were no items for this category.
F. CITIZENS PRESENTATION
There were no requests to speak from the public.
G. GENERAL ITEMS
GA APPROVE AWARD OF BID RFP 26-009 TO MATRIX CONSULTING GROUP,
LTD. FOR A FACILITIES & CONSTRUCTION OPERATIONAL EFFICIENCY
AUDIT IN THE AMOUNT NOT TO EXCEED $77,000 AND AUTHORIZE THE
CITY MANAGER TO EXECUTE THE RELATED PROFESSIONAL SERVICES
AGREEMENT.
APPROVED
City Council received a presentation from City Manager Paulette Hartman for items G.1
and G.2.
A MOTION WAS MADE BY COUNCIL MEMBER ROBERTS, SECONDED BY COUNCIL
MEMBER PARKS TO APPROVE AWARD OF BID RFP 26-009 TO MATRIX
CONSULTING GROUP.
MOTION TO APPROVE CARRIED 7-0.
April 27, 2026
City Council Meeting Minutes
Page 5 of 8
G.2 APPROVE AWARD OF BID RFP 26-008 TO BAKER TILLY ADVISORY
GROUP, LP FOR THE UTILITY BILLING OPERATIONAL EFFICIENCY AUDIT
IN THE AMOUNT NOT TO EXCEED $82,875 AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE RELATED PROFESSIONAL SERVICES
AGREEMENT.
APPROVED
This item was presented in conjunction with item G.1.
A MOTION WAS MADE BY COUNCIL MEMBER GOETZ, SECONDED BY COUNCIL
MEMBER BLAKE TO APPROVE AWARD OF BID RFP 26-008 TO BAKER TILLY
ADVISORY GROUP, LP FOR THE UTILITY BILLING OPERATIONAL EFFICIENCY AUDIT
IN THE AMOUNT NOT TO EXCEED $82,875 AND AUTHORIZE THE CITY MANAGER
TO EXECUTE THE RELATED PROFESSIONAL SERVICES AGREEMENT.
MOTION TO APPROVE CARRIED 7-0.
G.3 APPROVE RESOLUTION NO. 2026-026, APPOINTING MEMBERS TO THE
LEGISLATIVE TASK FORCE OF THE CITY OF NORTH RICHLAND HILLS.
APPROVED
City Council received a presentation from City Manager Paulette Hartman. The term for
the Legislative Task Force begins May 2026 and expires April 2028. The following
individuals were recommended for appointment: Linda Burt, Kyle Morris, Kyle Pekurney,
Tito Rodriguez, Charlie Ruiz, Greg Stamps, Randy Tolleson, Mark Vaughn, and Greg
Vick.
A MOTION WAS MADE BY COUNCIL MEMBER BLAKE, SECONDED BY COUNCIL
MEMBER PARKS TO APPROVE RESOLUTION NO. 2026-026, AS PRESENTED.
MOTION TO APPROVE CARRIED 7-0.
GA CONSIDER ORDINANCE NO. 3955, AMENDING CHAPTER 2, ARTICLE II,
DIVISION 2, RULES OF PROCEDURE OF THE CODE OF ORDINANCES OF
THE CITY OF NORTH RICHLAND HILLS.
APPROVED
Council member Delaney, on behalf of the Ad-Hoc Council Committee, presented the
recommended amendments to the Council Rules of Procedure. In accordance with the
Rules of Procedure, the proposed amendments were introduced at the April 13, 2026
April 27, 2026
City Council Meeting Minutes
Page 6 of 8
City Council meeting.
A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL
MEMBER GOETZ TO APPROVED ORDINANCE NO. 3955, AMENDING CHAPTER 2,
ARTICLE II, DIVISION 2, RULES OF PROCEDURE OF THE CODE OF ORDINANCES OF
THE CITY OF NORTH RICHLAND HILLS.
MOTION TO APPROVE CARRIED 7-0.
H. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION
AGENDA
There was no action necessary as a result of the executive session.
I. INFORMATION AND REPORTS
1.1 ANNOUNCEMENTS
Council member Roberts made the following announcements.
If you have not voted already, tomorrow is the last day for early voting and this Saturday,
May 2, is Election Day. City Hall and other voting locations will be open from 7.00 a.m. to
7.00 p.m. You can find your sample ballot and more information on the city's website.
Please contact the City Secretary's Office with any questions.
The Sounds of Spring Concert Series continues each Friday night through May 8 on the
plaza in front of City Hall. Admission is free. Seating starts at 6.00 p.m. and concerts
begin at 7.00 p.m. Seating is on the lawn, so don't forget to bring a blanket or lawn chair.
A variety of food trucks will be on-site for each concert. Please visit the city's website for
more details.
New York Times bestselling author Yangsze Choo will speak at the NRH Library on
Tuesday, May 5, at 1.00 p.m. She'll share insights about her latest book, The Ghost
Bride, which has also been adapted into a Netflix Original series. This free event will
include a discussion, Q&A, and book signing, with books available for purchase. A
ticketed luncheon will also take place. For more details, please visit the library's website.
Kudos Korner - Jose Meza in the IT Department for his exceptional responsiveness and
dedication. A Police Department employee recently shared that Jose quickly resolved a
time-sensitive issue, and when the problem resurfaced, he assisted again-this time on his
day off. Jose's willingness to support his colleagues at any hour exemplifies the high
standards of service we strive for in North Richland Hills. Thank you, Jose, for your
April 27, 2026
City Council Meeting Minutes
Page 7 of 8
exceptional work and dedication!
J. ADJOURNMENT
Mayor McCarty adjourned the meeting at 7.23 p.m.
Jack McCarty, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
April 27, 2026
City Council Meeting Minutes
Page 8 of 8
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: May 13, 2026
SUBJECT: Consider Resolution No. 2026-028, authorizing the renewal
subscriptions for Flock Safety Gunshot Detection Raven and Flock
Safety Falcon devices from Flock Group Inc. in the amount of$192,000
using FY 2026 North Texas Anti-Gang Center Grant #2848911 funds
and $192,000 using FY 2027 North Texas Anti-Gang Center Grant
#2848912 funds, if awarded, for a total amount of $384,000 and
authorizing the City Manager to execute Regional Asset Transfer
Addendums with the City of Arlington to transfer the subscriptions
approved therein.
PRESENTER: Jeff Garner, Chief of Police
SUMMARY:
The City of North Richland Hills ("NRH") serves as the fiduciary and grant recipient for the
FY 2026 North Texas Anti-Gang Center ("TAG') Project Grant#2848911 and has submitted
the FY 2027 TAG Grant #2848912 application. TAG Grant award #2848911 includes
funding for a subscription renewal for the City of Arlington ("Arlington"), a TAG Constituent
Agency, for one Flock Safety Gunshot Detection Raven in the amount of $12,000 and sixty
Flock Safety Falcon devices in the amount of $180,000 for the period of 09/01/2025 —
08/31/2026. The application for TAG Grant #2848912 includes funding for a subscription
renewal for Arlington for one Flock Safety Gunshot Detection Raven in the amount of
$12,000 and sixty Flock Safety Falcon devices in the amount of $180,000 for the period of
09/01/2026—08/31/2027. The total amount of the Flock contract for Arlington for the period
of 09/01/2025 - 08/31/2027 is $384,000. The subscription renewal for the purchase with
TAG Grant #2848911 funds will be transferred to Arlington with Regional Asset Transfer
Addendum B_22. The subscription renewal for the purchase with TAG Grant#2848912 will
be transferred to Arlington if grant funds are awarded.
GENERAL DESCRIPTION:
The Flock Safety Gunshot Detection Raven device recognizes gunshots, logs the location
and alerts law enforcement to the scene. Working in tandem with the Flock Safety Falcon
TM Automatic License Plate Reader ("ALPR") camera system, suspect vehicle leads at the
perimeter are identified and delivered in a simple, map-based view providing the objective
evidence officers need to respond to gunshots quickly.
k4Ft
hJOIF LH KICHLAND HILLS
Staff is requesting authorization to renew the service subscription for one Flock Safety
Gunshot Detection Raven and 60 Flock Safety Falcon devices from Flock Group Inc. in the
amount of $192,000 for the period of 09/01/2025 — 08/31/2026 with TAG Grant #2848911
funds and for the period of 09/01/2026 - 08/31/2027 with TAG Grant #2848912 funds, if
awarded, in the amount of$192,000. Flock Safety is the manufacturer and developer of the
Falcon and Raven Audio Detection devices and is the sole provider of the monitoring and
processing services which integrate with Arlington's existing Flock Safety ALPR Camera
system. Staff has provided sufficient sole source documentation for this purchase.
Upon execution of Regional Asset Transfer Addendum B_22, NRH will transfer ownership
and responsibility of the subscription for the period of 09/01/2025 —08/31/2026 to Arlington.
The subscription renewal for the purchase with TAG Grant #2848912 for the period of
09/01/2026 — 08/31/2027 will be transferred to Arlington if grant funds are awarded. As the
receiving jurisdiction, Arlington agrees to maintain compliance with the laws, rules and
regulations of the grant, including compliance with all state and federal grant eligibility
requirements as outlined in the Addendum. Following this contract term, Arlington shall be
the billing entity for this Project and responsible for payment of any subscription fees or
Renewal fees.
RECOMMENDATION:
Approve Resolution No. 2026-028.
RESOLUTION NO. 2026-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, AUTHORIZING THE RENEWAL SUBSCRIPTIONS FOR FLOCK
SAFETY GUNSHOT DETECTION RAVEN AND FLOCK SAFETY FALCON
DEVICES FROM FLOCK GROUP INC. IN THE AMOUNT OF $192,000.00 USING
FY 2026 NORTH TEXAS ANTI-GANG CENTER GRANT #2848911 FUNDS AND
$192,000.00 USING FY 2027 NORTH TEXAS ANTI-GANG CENTER GRANT
#2848912 FUNDS, IF AWARDED, FOR A TOTAL AMOUNT OF $384,000.00 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE REGIONAL ASSET
TRANSFER ADDENDUMS WITH THE CITY OF ARLINGTON TO TRANSFER THE
SUBSCRIPTIONS APPROVED THEREIN.
WHEREAS, the City of North Richland Hills, Texas possesses legal authority to enter
into Regional Asset Transfer Addendums ("Addendums") with the City of
Arlington ("Arlington") to facilitate the transfer of ownership and
responsibility for subscription renewals for Flock Safety Raven gunshot
detection and Flock Safety Falcon devices ("Asset(s)") purchased with
allocated funds awarded under the FY 2026 North Texas Anti-Gang
Center Project Grant#2848911 and the FY 2027 North Texas Anti-Gang
Center Project Grant #2848912, if awarded; and
WHEREAS, both parties acknowledge that all rights, title, interest, ownership, and
responsibility for the Asset(s) shall vest with Arlington upon completion
of transfer of the Asset(s) and execution of the Addendums; 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 Addendums to facilitate the transfer of ownership and
responsibility for Asset(s) purchased with allocated funds awarded
under the FY 2026 North Texas Anti-Gang Center Project Grant
#2848911 and the FY 2027 North Texas Anti-Gang Center Project Grant
#28489127 if awarded.
Resolution No.2026-028
Page 1 of 2
SECTION 3. The City Council of the City of North Richland Hills hereby authorizes
and approves the City Manager to execute the Regional Asset Transfer
Addendums with Arlington.
SECTION 4. All Resolutions of the City Council of the City of North Richland Hills in
conflict herewith are hereby amended or repealed to the extent of such
conflict.
SECTION 5. 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.
PASSED AND APPROVED on this 13th day of May 2026.
CITY OF NORTH RICHLAND HILLS
Jack McCarty, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Bradley A. Anderle, City Attorney
APPROVED AS TO CONTENT:
Jeff Garner, Chief of Police
Resolution No.2026-028
Page 2 of 2
07373EB9-CDD8-431 O-AR 9-49157F1 6F3AB
.......... .......
Docusign Envelope ID: 07373EB9-CDD84310-AF19-49157F16F3AB
c safety
ORDER FORM
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")
Customer: TX-City of North Richland Hills/NTX Initial Term: 12 Months
Anti-Gang Center
Legal Entity Name: TX-City of North Richland Hills/NTX Renewal Term: 12 Months
Anti-Gang Center
Accounts Payable Email: tbounds@nrhtx.com Payment Terms: Net 60
Address: 4301 City Point Dr. Billing Frequency: Annual
North Richland Hills,TX 76180 Retention Period: 30 Days
ATTN:Terri Bounds
Hardware and Software Products
Annual recurring amounts over subscription term
41 IIIIII Nll IB IIIIIIIII 0 1 d 1 1 1 I l 1 19 �
1/111111 U 11101 11�1111111111,111�\0 a 11111 llllll 1�11) 1 11 ��
}
}
}
Flock Safety Audio Products
Flock Safety Gunshot Detection-1/4mi,t ka Raven Included 1 Included
Professional Services and One Time Purchases
oti:i u�a iais of uoi:o tii u I II I II I I I I
11111111 � 1111111 111u1111111�1ti.1911�1 lull��llllll 1111 1 11 ICI 1 I I, 1
f�Vo,.i t i In
Subtotal Year 1: $12,000.00
Annual Recurring Subtotal: $12,000.00
Estimated Tax: $0.00
Contract Total: $12,000.00
Taxes shown above are provided as an estimate.Actual taxes are the responsibility of the Customer.This Agreement will automatically renew for successive
renewal terms of the greater of one year or the length set forth on the Order Form(each,a"Renewal Term')unless either Party gives the other Party
notice of non-renewal at least thirty(30)days prior to the end of the then-current term.
The Term for Flock Hardware shall commence upon first installation and validation,except that the Term for any Flock Hardware that requires self-
installation shall commence upon execution of the Agreement.In the event a Customer purchases more than one type of Flock Hardware,the earliest Term
start date shall control.In the event a Customer purchases software only,the Term shall commence upon execution of the Agreement.
Special Terms:
•This term shall be effective 9/l/2025-8/31/2026.
•This Agreement supersedes any and all previously executed agreement between the Parties,relating to the provision of services by Flock to Customer and
any exhibits attached thereto or incorporated therein by reference.Upon execution of this Agreement,all previously executed agreements pertaining to the
Services provided shall run coterminous with the Term of this Agreement.In the event of any overlap in subscription terms and prior invoices,payments will
be provided in pro rata credit.Any estimates provided on credits are subject to change based on execution of new contract.
Docusign Envelope ID: 07373EB9-CDD84310-AF19-49157F16F3AB
•Cameras to be installed and owned by the City of,TX-Arlington PD,TAG grant will fund 12 months of Flock Services through the City of North
Richland Hills and is the billing entity for the project for the first 12 months of Flock Services. Following the 12 months of Flock Services,the City of,TX-
Arlington PD,shall be the billing entity for this project and responsible for any subscription fees or Renewal fees.
Billing Schedule
:1 immism i Rio a m;",IID4
Year 1
At Contract Signing $12,000.00
Annual Recurring after Year 1 $12,000.00
Contract Total $12,000.00
*Tax not included
Discounts
`IIV mp i i � � i'mi oo n Rio a gym;"MIDI
Flock Safety Platform $0.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
Docusign Envelope ID: 07373EB9-CDD84310-AF19-49157F16F3AB
Product and Services Description
IV P
m,
Flock Safety Gunshot Detection- Gunshot detection-1/4 mile of coverage.Number of units deployed depends on geography and density of area.Gunshot detection is license by
1/4mi,fka Raven coverage area,not number of units.
Docusign Envelope ID:07373EB9-CDD8-4310-AF19-49157F16F3AB
By executing this Order Form,Customer represents and warrants that it has read and agrees to all of the
terms and conditions contained in the previously executed agreement.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer:TX-Art' g n PD
—Signed by:
By: By:
1024FAF1F68A40F..
Dan Haley
Name: Name:
chief Legal officer
Title: Title:
Date: 3/16/2026 Date:
PO Number:
Customer: TX- City of North Richland Hills/NTX
Anti-Gang Center
Digitally signed by Jeff
Jeff Garner Garner
Date 2026.03.24
By: __ na go io_ng,nn,
Jeff Garner
Name:
Title: chief of Police
Date: 3/24/26
ACCEPTED AND AGREED:
CITY OF NORTH RICHLAND HILLS ATTEST:
By: B
Paulette Hartman, City Manager Alicia Richardson, City Secretary/
Chief Governance Officer
Date:
Date:
APPROVED AS TO FORM AND LEGALITY:
By:
Bradley A. Anderle, City Attorney
Date:
flock safety
GOVERNMENT AGENCY CUSTOMER AGREEMENT
This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group,
Inc, with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police
department or government agency identified in the signature block below("Agency")(each a"Party," and together,
the"Parties").
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through
Flock's technology platform (the "Flock Service"), and upon detection, the Flock Service creates images and
recordings of suspect vehicles ("Footage") and can provide notifications to Agency upon the instructions of
Non-Agency End User("Notifications");
WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service in order to
create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the
Flock System (where there is an investigative purpose) such as schools, neighborhood homeowners associations,
businesses,and individual users;
WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with Flock's
records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock
System on its own storage devices for auditing for prosecutorial/administrative purposes;and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the
terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police
departments and archiving for evidence gathering("Purpose").
AGREEMENT
NOW,THEREFORE,Flock and Agency agree as follows and further agree to incorporate the Recitals
into this Agreement.
1.DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in
this Section 1.
1.1 "Authorized End User" shall mean any individual employees, agents, or contractors of Agency accessing or
using the Flock Services through the Web Interface, under the rights granted to Agency pursuant to this
Agreement.
1.2 "Agency Data"will mean the data,media and content provided by Agency through the Flock Services.For the
avoidance of doubt, the Agency Data will include the Footage and geolocation information and environmental data
collected by sensors built into the Units.
1.3 "Documentation"will mean text and/or graphical documentation, whether in electronic or printed format, that
describe the features, functions and operation of the Flock Services which are provided by Flock to Agency in
accordance with the terms of this Agreement.
1.4"Embedded Software"will mean the software and/or firmware embedded or preinstalled on the Hardware.
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ffock safety
1.5 "Flock IF' will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the
Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its
Authorized End Users in connection with the foregoing.
1.6"Footage"means still images and/or video captured by the Hardware in the course of and provided via the Flock
Services.
1.7 "Hardware" shall mean the Flock cameras and any other physical elements that interact with the Embedded
Software and the Web Interface to provide the Flock Services. The term "Hardware" excludes the Embedded
Software,
1.8 "Implementation Fee(s)" means the monetary fees associated with the Installation Services, as defined in
Section 1.9 below.
1.9 "Installation Services" means the services provided by Flock regarding the installation, placements and
configuration of the Hardware, pursuant to the Statement of Work attached hereto.
1.10 "Flock Services or Services" means the provision, via the Web Interface, of Flock's software application for
automatic license plate detection,searching image records,and sharing Footage.
1.11 "Non-Agency End User"means a Flock's non-Agency customer that has elected to give Agency access to its
data in the Flock system.
1.12 "Non-Agency End User Data"means the Footage,geolocation data,environmental data and/or notifications of
a Non-Agency End User.
1.13"Unit(s)"shall mean the Hardware together with the Embedded Software.
1.14 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Flock Services and
Hardware.
1.15"Support Services"shall mean On-site Services and Monitoring Services,as defined in Section 2.9 below,
1.16 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users
can access the Flock Services in accordance with the terms of this Agreement.
2. FLOCK SERVICES AND SUPPORT
2.1 Provision of Access.Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive,
non-transferable right to access the features and functions of the Flock Services via the Web Interface during the
Service Term (as defined in Section 6.1) and No-Fee Term, solely for the Authorized End Users,The Footage will
be available for Agency's designated administrator, listed on the Order Form, and any Authorized End Users to
access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account,
and select a password and username ("User ID"). Flock will also provide Agency the Documentation to be used in
accessing and using the Flock Services, Agency shall be responsible for all acts and omissions of Authorized End
Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a
breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake
reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such
Authorized End User's use of the Flock Services and shall cause Authorized End Users to comply with such
provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services,
including without limitation using a third party to host the Web
Page 2 of 12
ffock safety
Interface which the Flock Services makes available to Agency and Authorized End Users WARRANTIES
PROVIDED BY SUCH THIRD PARTIES, ARE THE AGENCY'S SOLE AND EXCLUSIVE REMEDY AND
FLOCK'S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES,
INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. To the extent practicable, Agency
agrees to comply with any acceptable use policies and other terms of any third-party service provider that are
provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited,
non-exclusive, non-transferable,non-sublicensable (except to the Authorized End Users),revocable right to use the
Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the
Flock Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a
non-exclusive, non-transferable right and license to use the Documentation during the Service Term in connection
with its use of the Flock Services as contemplated herein,and under Section 2.4,below.
2.4 Usage Restrictions.The purpose for usage of the Hardware,Documentation, Services, support, and the Flock IP
is solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate
government agency and not for tracking activities that the system is not designed to capture("Permitted Purpose").
Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii)
decompile,disassemble,reverse engineer or otherwise attempt to obtain or perceive the source code from which any
software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to
derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, 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,tamper with or repair any of the Flock IP,or create any derivative product from any
of the foregoing, or attempt to do any of the foregoing,except with the prior written consent of Flock;(iv) interfere
or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove,
obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of
the Flock Services or Flock IP;(vi)use the Services,support, Hardware,Documentation or the Flock IP for anything
other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey,
or pledge as security or otherwise encumber,Agency's rights under Sections 2.1,2,2, or 2.3,
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock
and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency
acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by
this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in
Flock's sole discretion. There are no implied rights.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend
Agency's and any Authorized End User's access to any portion or all of the Flock IP if(i) Flock reasonably
determines that (a) there is a threat or attack on any of the Flock IP;(b) Agency's or any Authorized End User's use
of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock;
(c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's
provision of the Flock Services to Agency or any Authorized End User is prohibited by applicable law; (e) any
vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required
to enable Agency to access the Flock IP; or(f) Agency has violated any term of this provision, including,but not
limited to, utilizing the Flock Services for anything other than the Permitted Purpose (each such suspension, in
accordance with this Section 2.6, a "Service Suspension"), Flock will make commercially reasonable efforts,
circumstances permitting, to provide written notice of any Service Suspension to Agency(including notices sent to
Flock's registered email address)and to provide updates regarding resumption of access to the Flock IP following
any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Flock
Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have
no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that
Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service
Page 3 of 12
f f'o c k s af e, t Y
Suspension is not caused by Agency's direct actions or by the actions of parties associated with the Agency, the
expiration of the Tenn will be tolled by the duration of any suspension (for any continuous suspension lasting at
least one full day).
2.7 Installation Services,
2.7.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise
Agency on the location and positioning of the Units far optimal license plate image capture, as conditions and
location allow. Flock and Agency must mutually agree on the location(mounting site or pole),position and angle of
the Units (each Unit location so designated by Agency, a "Designated Location"), Flock shall have no liability to
Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the
Designated Locations or delay in installation due to Agency's delay in identifying the choices for the Designated
Locations, in ordering and/or having the Designated Location ready for installation including having all electrical
work preinstalled and permits ready, Designated Locations that are suggested by Flock and accepted by Agency
without alteration will be known as Flock Designated Locations. After a deployment plan with Designated
Locations and equipment has been agreed upon by both Flock and the Agency, any subsequent changes to the
deployment plan ("Reinstalls") driven by Agency's request will incur a charge for Flock's then-current list price for
Reinstalls, as listed in the then-current Reinstall Policy (available at
https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not
limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage,camera replacement,
changes to heights of poles,regardless of whether the need for Reinstalls related to vandalism,weather, theft, lack of
criminal activity in view,and the like.
2.7.2 Agency's Installation Obligations, Agency agrees to allow Flock and its agents reasonable access in
and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the
installation work,The"Agency Installation Obligations"include,to the extent required by the deployment plan,but
are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and
comply with local regulations if adequate solar exposure is not available, Agency is solely responsible for (i) any
permits or associated costs, and managing the permitting process; (ii) any federal, state or local taxes including
property, license, privilege, sales,use, excise, gross receipts or other similar taxes which may now or hereafter
become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use,or
(iii) any other supplementary cost for services performed in connection with installation of the Hardware, including
but not limited to contractor licensing,engineered drawings,rental of specialized equipment or vehicles, third-party
personnel (i.e. Traffic Control Officers, Electricians, etc,), such costs to be approved by the Agency. Flock will
provide options to supply power at each Designated Location. If Agency refuses alternative power supply options,
Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any
suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to
minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated
or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not
address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and
warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the
Designated Locations and to make any necessary inspections or tests in connection with such installation.
2.7.3 Flock's Installation Obligations, The Hardware shall be installed in a workmanlike manner in
accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable
time from the time that the Designated Locations are selected by Agency. Following the initial installation of the
Hardware and any subsequent Reinstalls or maintenance operations,Flock's obligation to perform installation work
shall cease;however,Flock will continue to monitor the performance of the Units for the length of the Term and will
receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor
performance and provide any necessary maintenance solely as a measure of quality 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 Hardware.
Labor may be provided by Flock or a third party.
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ffock safety
2.7.4 Security Interest. The Hardware shall remain the personal property of Flock and will be removed
upon the termination or expiration of this Agreement. Agency agrees to per-form 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 thereof or offer to sell or auction the Hardware,then Agency authorizes and empowers Flock to remove
the Hardware or any part thereof. Such removal,if made by Flock,shall not be deemed a waiver of Flock's rights to
any damages Flock may sustain as a result of Agency's default and Flock shall have the right to enforce any other
legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this
Agreement does not contemplate work in any areas that contain hazardous materials,or other hazardous conditions,
including,without limit, asbestos, lead,toxic or flammable substances. In the event any such hazardous materials
are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall
have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or
hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of
Flock Services and may,from time to time,advise Agency on changes to the Flock Services,Installation Services,or
the Designated Locations which may improve the performance or functionality of the Services or may improve the
quality of the Footage.The work,its timing,and the fees payable relating to such work shall be agreed by the Parties
prior to any alterations to or changes of the Services or the Designated Locations("Monitoring Services"). Subject
to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance
services ("On-Site Services") in-person or by email at hello@flocksafety.com. Flock will use commercially
reasonable efforts to respond to requests for support. If Agency chooses to self-install Hardware or install Hardware
on a mobile location, Flock shall make reasonable commercial efforts to provide On-Site Services, if permissible.
Agency shall not be entitled to reimbursement, tolling, or credit for any lapse in Services associated with the Unit
malfunction due to installation on mobile locations (i.e. trailers). Agency shall be subject to Reinstall Fees for
re-positioning Units on mobile locations,or subsequent installation on Flock or other stationary poles.
2.10 Special Terms. From time to time, Flock may offer certain"Special Terms"related to guarantees,service and
support which are indicated in the proposal and on the order form and will become part of this Agreement. To the
extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall
control.
2.11 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any system or platform
that it deems necessary or useful to (i)maintain or enhance (a)the quality or delivery of Flock Safety's products or
services to its customers, (b) the competitive strength of,or market for,Flock Safety's products or services,(c)such
platform or system's cost efficiency or performance,or(ii)to comply with applicable law.
3.AGENCY RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Upon creation of a User ID,Agency agrees to provide Flock with accurate,complete,and
updated registration information. Agency may not select as its User ID a name that Agency does not have the right
to use, or another person's name with the intent to impersonate that person. Agency may not transfer its account to
anyone else without prior written permission of Flock. Agency will not share its account or password with anyone,
and must protect the security of its account and password. Agency is responsible for any activity associated with its
account, Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to
connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock,
including, but not limited to, by means of access to,and use of,Agency facilities,as well as by means of assistance
from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to
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perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or
any Installation Services.
3.2 Agency Representations and Warranties.Agency represents,covenants,and warrants that Agency will use the
Services only in compliance with this Agreement and all applicable laws and regulations,including but not limited
to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof. To the
extent allowed by the governing law of the state mentioned in Section 10.6,or if no state is mentioned in Section
10.6, by the law of the State of Georgia, Agency hereby agrees to indemnify and hold harmless Flock against any
damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys' fees, in
connection with any claim or action that arises from an alleged violation of the foregoing due to Agency's actions,
Agency's Installation Obligations, or otherwise from Agency's use of the Services, Hardware and any Embedded
Software, including any claim that such actions violate any applicable law or third party right, Although Flock has
no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it
believes may be(or alleged to be)in violation of the foregoing.
4.CONFIDENTIALITY;AGENCY DATA; NON-AGENCY DATA
4.1 Confidentiality, Each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party")
has disclosed or may disclose business,technical or financial information relating to the Disclosing Parry's business
(hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock is
non-public information including but not limited to features, functionality, designs, user interfaces, trade secrets,
intellectual property, business plans, marketing plans, works of authorship, hardware, customer lists and
requirements, and performance of the Flock Services, Proprietary Information of Agency includes non-public
Agency Data, Non-Agency End User Data, and data provided by Agency or a Non-Agency End 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, transmit, inform or make available to any entity, person or body any of the Proprietary
Information, except as a necessary part of performing its obligations hereunder,and shall take all such actions as are
reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties' respective
rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the
Proprietary Information of the other party to those employees or agents who require access in order to perform
hereunder. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or
unauthorized use of such Proprietary Information that the party takes with its own proprietary information,but in no
event will a party apply less than reasonable precautions to protect such Proprietary Information,and(ii)not to use
(except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such
Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary
Information to send Agency Notifications or alerts, such as when a car exits Agency's neighborhood, or to analyze
the data collected to identify motion or other events.
The Disclosing Party agrees that the foregoing shall not apply with respect to any information that(a)is or becomes
generally available to the public, or (b) was in its possession or known by Receiving Party prior to receipt from the
Disclosing Party, or(c) was rightfully disclosed to Receiving Party without restriction by a third party, or(d) was
independently developed without use of any Proprietary Information of the Disclosing Party or (e) that is deemed
public in accordance with the Texas Public Information Act.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to
any subpoena, summons, judicial order, law, rule, regulation, or other judicial or governmental process, provided
that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to obtain a protective
order or otherwise oppose the disclosure. For clarity,Flock may access,use,preserve and/or disclose the Footage to
law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a
good faith belief that such access,use,preservation or disclosure is reasonably necessary to:(a)comply with a legal
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process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c)detect,
prevent or otherwise address security, fraud or technical issues;or(d)protect the rights,property or safety of Flock,
its users, a third party, or the public as required or permitted by law, including respond to an emergency situation.
Having received notice prior to data being deleted, Flock may store Footage in order to comply with a valid court
order but such retained Footage will not be retrievable without a valid court order.
4.2 Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the
Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants
to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and Non-Agency End
User Data and perform all acts with respect to the Agency Data and Non-Agency End User Data as may be
necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set
forth in Section 2.9 above,and a non-exclusive,perpetual, irrevocable, worldwide,royalty-free,fully paid license to
use, reproduce, modify and distribute the Agency Data and Non-Agency End User Data as a part of the Aggregated
Data (as defined in Section 4.4 below). As between Flock and Agency, Agency is solely responsible for the
accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non-Agency End User
Data. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of
Agency and Non-Agency End Users will share all right,title and interest in the Non-Agency End User Data. This
Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information
of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day
window to view,save and/or transmit Footage to the relevant government agency prior to its deletion.
4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or
other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and
representatives to assign)to Flock all right,title and interest(including intellectual property rights)with respect to or
resulting from any of the foregoing.
4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to
collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and
other information relating to the provision, use and performance of various aspects of the Services and related
systems and technologies (including, without limitation, information concerning Agency Data and data derived
therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any
personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or
aggregated data based on Agency Data and Non-Agency End User Data input into the Services (the "Aggregated
Data"), Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during
and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the
Services and for other marketing,development,diagnostic and corrective purposes,other Flock offerings,and crime
prevention efforts, and (ii) disclose the Agency Data and Non-Agency End User Data (both inclusive of any
Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search
access to law enforcement for investigative purposes only, No rights or licenses are granted except as expressly set
forth herein,
5. PAYMENT OF FEES
5.1 Fees.Agency will pay Flock the first Usage Fee,the Implementation Fee and any fee for Hardware(as described
on the Order Form, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following
receipt of invoice, after successful validation of the Units. Flock is not obligated to commence the Installation
Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related
thereto. Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and
payable thirty (30)days in advance of each payment period. All payments will be made by either ACH, check,or
credit card. The first month of Flock Services corresponding to the first Usage Fee payment will begin upon the first
installation of Hardware, For Agencies who purchase ten (10)or more Units,in the event that only a portion of the
Units are installed at the first installation with additional Units to be installed at a later date, Usage Fees shall be
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calculated on a pro rata basis corresponding to the then-installed Units. Agencies will be invoiced for the additional
Units immediately upon installation of the remaining Units.
5,2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges
and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end of such
Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that
Flock has billed Agency incorrectly,Agency must contact Flock no later than sixty (60)days after the closing date
on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Flock's customer support department. Agency acknowledges and agrees that a failure
to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a
result of such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for
invoices issued in any given month must be received by Flock thirty(30)days after the mailing date of the invoice.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum
permitted by law, whichever is lower,plus all expenses of collection, and may result in immediate termination of
Service. To the extent allowable by law or Agency regulations pertaining to tax-exempt entities, Agency shall be
responsible for all taxes associated with Services other than U.S.taxes based on Flock's net income.
5.4 No-Fee Term Access.Subject to Flock's record retention policy,Flock offers complimentary access to the Flock
System for thirty(30)days("No Fee Term")to Agency when Non-Agency End Users intentionally prescribe access
or judicial orders mandate access to Non-Agency End User Data. Agency agrees to pay the Initial Fees and Usage
Fees according to Section 5.1 and will receive Flock's complimentary access to the Flock Service and Footage for
no additional cost. Should such access cause Flock to incur internal or out-of-pocket costs that are solely the result
of the access, Flock reserves the right to invoice these costs to Agency under Section 5.3 and Agency agrees to pay
them. The complimentary No-Fee Term access to Flock Services shall survive the expiration or termination of this
Agreement for five(5)years unless Agency provides written notice of the intent to cancel access to Flock Services.
6.TERM AND TERMINATION
6.1 Term. Subject to earlier termination as provided below,the initial term of this Agreement shall be fbr the period
of time set forth on the Order Form(the"Initial Terns"). Following the Initial Term,unless otherwise indicated on
the Order Form, this Agreement will automatically renew for successive renewal terms for the greater of one year
and the length set forth on the Order Forin (each, a "Renewal Term", and together with the Initial Term, the
"Service Term") unless either party gives the other party notice of non-renewal at least thirty (30) days prior to
the end of the then-current term.
6.2 Agency Satisfaction Guarantee, At any time during the agreed upon term, an Agency not fully satisfied with
the service or solution may self-elect to terminate their contract.Self-elected termination will result in a one-time fee
of actual cost of removal and labor,said cost not to exceed$500 per camera, Upon self-elected termination,a refund
will be provided, prorated for any fees paid for the remaining Term length set forth previously. Self-termination of
the contract by the Agency will be effective immediately. Flock will remove all equipment at Flock's own
convenience,within a commercially reasonable period upon termination.Advance notice will be provided.
6.3 Termination, In the event of any material breach of this Agreement,the non-breaching party may terminate this
Agreement prior to the end of the Service Term by giving thirty(30) days prior written notice to the breaching party,
provided,however, that this Agreement will not terminate if the breaching party has cured the breach prior to the
expiration of such thirty-day period. Either party may terminate this Agreement, without notice, (i) upon the
institution by or against the other party of insolvency,receivership or bankruptcy proceedings, (ii) upon the other
party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do
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business. Upon termination for Flock's material breach, Flock will refund to Agency a pro-rata portion of the
pre-paid Fees for Services not received due to such termination.
6.4 Effect of Termination.Upon any termination of the Service Term, Flock will collect all Units,delete all Agency
Data, terminate Agency's right to access or use any Services, and all licenses granted by Flock hereunder will
immediately cease. Agency shall ensure that Flock is granted access to collect all Units and shall ensure that Flock
personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this
Agreement,Agency will immediately cease all use of Flock Services.
6.5 No-Fee Term. The initial No-Fee Term will extend,after entering into this Agreement,for thirty(30) days from
the date a Non-Agency End User grants access to their Footage and/or Notifications. In expectation of repeated
non-continuous No-Fee Terms, Flock may in its sole discretion leave access open for Agency's Authorized End
Users despite there not being any current Non-Agency End User authorizations. Such access and successive No-Fee
Terms are deemed to be part of the No-Fee Term. Flock, in its sole discretion, can determine not to provide
additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days' notice. Agency may
terminate any No-Fee Tenn or access to future No-Fee Terms upon 30 days'notice.
6.6 Survival. The following Sections will survive termination:2.4,2.5,3,4,5(with respect to any accrued rights to
payment), 5.4,6.5,7.4,8.1,8.2,8.3, 8.4,9.1 and 10.5.
7.REMEDY;WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software(a "Defect"), Agency must first
make commercially reasonable efforts to address the problem by contacting Flock's technical support as described in
Section 2.9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to
repair or replace the Hardware or Embedded Software suffering from the Defect Flock reserves the right in their
sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and
tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after
Agency notifies the Flock of a Defect. In the event of a Defect,Flock will repair or replace the defective Unit at no
additional cost.In the event that a Unit is lost,stolen,or damaged,Flock agrees to replace the Unit at a fee according
to the then-current Reinstall Policy (https://ww-w.flocksafety.com/reinstall-fee-schedule). Agency shall not be
required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that
functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units
and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or
Implementation Fees owed be impacted.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions
apply: (a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or
Embedded Software in any way that does not strictly comply with any applicable specifications,documentation,or
other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Hardware or Embedded
Software in any way; or(c) combination of the Hardware or Embedded Software with software,hardware or other
technology that was not expressly authorized by Flock.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the
Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation
Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean
and leave the area in good condition, Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance, either by Flock or by third-party providers,or because of other causes beyond
Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail
of any scheduled service disruption.
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7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY, AND
FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED
SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION,THE SERVICES
AND INSTALLATION SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT .THIS
DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW
OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY
THE LAW OF THE STATE OF GEORGIA.
7.5 Insurance. Flock shall maintain commercial general liability policies with policy limits reasonably
commensurate with the magnitude of its business risk. Certificates of Insurance will be provided upon request.
Agency is a self-insured government entity as authorized under applicable law and shall provide a letter of
self-insurance indicating such status to Flock upon request.
7.6 Force Majeure. Neither party shall be responsible nor liable for any delays or failures in performance from any
cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes,war,
terrorist acts,epidemics, pandemics, acts or omissions of third-party technology providers,riots,fires, earthquakes,
floods, power blackouts, strikes,weather conditions or acts of hackers, internet service providers or any other third
party or acts or omissions of the other party.
8.LIMITATION OF LIABILITYAND INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT IN THE
EVENT OF GROSS NEGLIGENCE OR INTENTIONAL OR WILLFUL ACTS, FLOCK AND ITS SUPPLIERS
(INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS,
AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE
OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND
CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY,
PRODUCT LIABILITY, OR OTHER THEORY: (A)FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS
OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B)
FOR ANY INDIRECT,EXEMPLARY,INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR
ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING
REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR
CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF
PROPRIETARY INFORMATION MADE IN GOOD FAITH;(E)FOR CRIME PREVENTION;OR(F)FOR ANY
AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED
THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS
AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO
THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY,AGENCY SHOULD CONTACT
911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8
ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED
IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF
GEORGIA.
8.2 Additional No-Fee Term Requirements, EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR
INTENTIONAL OR WILLFUL ACTS, IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY,IF ANY,
ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS
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DESCRIBED IN SECTION 6.5 EXCEED$100,WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED
IN CONTRACT,TORT(INCLUDING NEGLIGENCE),PRODUCT LIABILITY OR OTHERWISE.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and
omissions of its own employees, deputies,officers, or agents, in connection with the performance of their official
duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own
officers,agents,or employees that occur within the scope of their official duties.
8.4 Indemnity. To the extent permitted by applicable law, Agency hereby agrees to indemnify and hold harmless
Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and
attorneys' fees) in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach
of this Agreement, Agency's Installation Obligations, Agency's sharing of any data in connection with the Flock
system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency's use of the Services,
Hardware and any Software, including any claim that such actions violate any applicable law or third party right.
Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any
use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement.
Notwithstanding any of the foregoing, nothing herein shall require Agency to create a sinking fund to satisfy any
obligation to indemnify under this Agreement.
9.RECORD RETENTION
9.1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance
with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record
retention schedules. As part of Agency's consideration for paid access and no-fee access to the Flock System,to the
extent that Flock is required by local, state or federal law to store the Agency Data or the Non-Agency End User
Data,Agency agrees upon thirty (30) days written notice from Flock,if possible,to preserve and securely store this
data on Flock's behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by
judicial or government order, Flock may retrieve the data from Agency in accordance with the applicable law set
forth in Section 10,6.
10.MISCELLANEOUS
10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid,that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and
effect and enforceable.
10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock's
prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, to any
affiliate company in which it owns a majority share or is under common ownership or control under this Agreement
without consent.
10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy
(https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the subject matter of this Agreement,and that all
waivers and modifications must be in a writing signed by both parties,except as otherwise provided herein. None of
Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement,and any such
conflicting terms are expressly rejected.
10.4 Relationship.No agency,partnership,joint venture,or employment is created as a result of this Agreement and
neither party shall have any authority of any kind to bind the other party in any respect whatsoever.
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10.5 Costs and Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement attorney's fees
shall be awarded as authorized by the law of the state set forth in Section 10.6.
10,6 Governing Law; Venue.This Agreement shall be governed by the laws of the State of Texas without regard to
its conflict of laws provisions. The federal and state courts sitting in the State of Texas will have proper and
exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this
Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in
its entirety from this Agreement. Any dispute arising out of, in connection with, or in relation to this agreement or
the making of validity thereof or its interpretation or any breach thereof shall be determined and settled by
arbitration in Tan-ant County,Texas by a sole arbitrator pursuant to the rules and regulations then obtaining of the
American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties,and
a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The
service of any notice, process, motion or other document in connection with an arbitration award under this
agreement or for the enforcement of an arbitration award hereunder may be effectuated by either personal service or
by certified or registered mail to the respective addresses provided herein.
10.7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right to reference and use Agency's
name and trademarks and disclose the nature of the Services provided hereunder in each case in business and
development and marketing efforts, on Flock's website, Flock shall not use Agency's name or trademarks in any
negative, false,misleading,or demeaning manner, in Agency's sole discretion.
10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock
IP or anything related thereto,or any direct product thereof in violation of any restrictions,laws or regulations of the
United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services,
the Hardware, the Embedded Software and Documentation are"commercial items"and according to DFAR section
252.2277014(a)(1)and(5) are deemed to be "commercial computer software"and"commercial computer software
documentation." Consistent with DFAR section 227,7202 and FAR section 12.212, any use, modification,
reproduction, release, performance, display, or disclosure of such commercial software or commercial software
documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be
prohibited except to the extent expressly permitted by the terms of this Agreement.
10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the
Agreement or interpreting the associated Sections.
10.10 Counterparts. This Agreement may be executed in two or more Counterparts,each of which shall be deemed
an original,but all of which together shall constitute one and the same instrument.
10.11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and
have the authority to sign on behalf of and bind the organizations and individuals they are representing.
10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given
when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or
e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon
receipt,if sent by certified or registered mail,return receipt requested.
Page 12 of 12
07373EB9-CDD8-431 O-AR 9-49157F1 6F3AB
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EXHIBIT A
ORDER FORM
Customer: TX-City of North Richland Hills/NTX Anti- Initial Term: 12 Months
Gang Center
Legal Entity Name: TX-City of North Richland Hills/NTX Anti- Renewal Term: 12 Months
Gang Center
Accounts Payable Email: tbounds@nrhtx.com Payment Terms: Net 60
Address: 4301 City Point Dr. Billing Frequency: Annual
North Richland Hills,TX 76180 Retention Period: 30 Days
ATTN:Terri Bounds
Hardware and Software Products
Annual recurring amounts over subscription term
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Flock Safety Platform
Flock Safety Platform-Essentials Included 1 Included
Flock Safety LPR Products
Flock Safety LPR,flea Falcon Included 60 Included
Professional Services and One Time Purchases
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Subtotal Year 1: $180,000.00
Annual Recurring Subtotal: $180,000.00
Estimated Tax: $0.00
Contract Total: $180,000.00
Taxes shown above are provided as an estimate.Actual taxes are the responsibility of the Customer.This Agreement will automatically renew for successive
renewal terms of the greater of one year or the length set forth on the Order Form(each,a"Renewal Term')unless either Party gives the other Party
notice of non-renewal at least thirty(30)days prior to the end of the then-current term.
The Term for Flock Hardware shall commence upon first installation and validation,except that the Term for any Flock Hardware that requires self-
installation shall commence upon execution of the Agreement.In the event a Customer purchases more than one type of Flock Hardware,the earliest Term
start date shall control.In the event a Customer purchases software only,the Term shall commence upon execution of the Agreement.
Special Terms:
•This term shall be effective 9/l/2025-8/31/2026.
•This Agreement supersedes any and all previously executed agreement between the Parties,relating to the provision of services by Flock to Customer and
any exhibits attached thereto or incorporated therein by reference.Upon execution of this Agreement,all previously executed agreements pertaining to the
Services provided shall run coterminous with the Term of this Agreement.In the event of any overlap in subscription terms and prior invoices,payments will
be provided in pro rata credit.Any estimates provided on credits are subject to change based on execution of new contract.
Docusign Envelope ID: 07373EB9-CDD84310-AF1949157F16F3AB
•Cameras to be installed and owned by the City of,TX-Arlington PD,TAG grant will fund 12 months of Flock Services through the City of North
Richland Hills and is the billing entity for the project for the first 12 months of Flock Services. Following the 12 months of Flock Services,the City of,TX-
Arlington PD,shall be the billing entity for this project and responsible for any subscription fees or Renewal fees.
Billing Schedule
,gymmmm iv Rio a m;",IID4
Year 1
At Contract Signing $180,000.00
Annual Recurring after Year 1 $180,000.00
Contract Total $180,000.00
*Tax not included
Docusign Envelope ID: 07373EB9-CDD84310-AF1949157F16F3AB
Product and Services Description
OR
An integrated public safety platform that detects,centralizes and decodes actionable evidence to increase safety,improve efficiency,and connectthe
Flock Safety Platform-Essentials community.
Law enforcement grade infrastructure-free(solar power+LTE)license plate recognition camera with Vehicle Fingerprint TM technology(proprietary
Flock Safety LPR,flea Falcon machine learning software)and real-time alerts for unlimited users.
FlockOS Features& Description
The ability to request direct access to feeds from privately owned Flock Safety LPR cameras located in
Community Network Access neighborhoods,schools,and businesses in your community,significantly increasing actionable evidence
that clears cases.
Unlimited Users Unlimited users for F1ockOS
State Network(License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted into the Flock Safety network within your
state.
With the vast Flock Safety sharing network,law enforcement agencies no longer have to rely on just their
Nationwide Network(License Plate Lookup Only) devices alone.Agencies can leverage a nationwide system boasting 10 billion additional plate reads per
month to amplify the potential to collect vital evidence in otherwise dead-end investigations.
Law Enforcement Network Access The ability to request direct access to evidence detection devices from Law Enforcement agencies outside
of your jurisdiction.
Time&Location Based Search Search full,partial,and temporary plates by time at particular device locations
License Plate Lookup Look up specific license plate location history captured on Flock devices
Vehicle Fingerprint Search Search footage using Vehicle FingerprintTM technology.Access vehicle type,make,color,license plate
state,missing/covered plates,and other unique features like bumper stickers,decals,and roof racks.
Insights&Analytic s Reporting tool to help administrators manage their LPR program with device performance data,user and
network audits,plate read reports,hot list alert reports,event logs,and outcome reports.
Receive automated alerts when vehicles entered into established databases for missing and wanted persons
Real-Time NCIC Alerts on Flock ALPR Cameras are detected,including the FBI's National Crime Information Center(NCIC)and National Center for
Missing&Exploited Children(NCMEC)databases.
Unlimited Custom Hot Lists Ability to add a suspect's license plate to a custom list and get alerted when it passes by a Flock
camera
Docusign Envelope ID:07373EB9-CDD8-4310-AF19-49157F16F3AB
By executing this Order Form,Customer represents and warrants that it has read and agrees to all of the
terms and conditions contained in the previously executed agreement.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP,INC. Customer: TX-A i g on PD
By: I—Signed by:
By:1024FAFlF68A40F..—
Name: Dan Haley Name:
Title: chief Legal officer Title: of- �Ouce
Date: 3/16/2026 Date:
PO Number:
Customer: TX City of North Richland
HillsiNTX Anti-Gang Center Digitally signed by Jeff
larn ,
Jeff GarnerDatee 2026.03.24
By: 09:51:46- 5'00'
Name: Jeff Garner
chief of Police
Title:
3/24/26
Date:
ACCEPTED AND AGREED:
CITY OF NORTH RICHLAND HILLS ATTEST:
By: B
Paulette Hartman, City Manager Alicia Richardson, City Secretary/
Chief Governance Officer
Date:
Date:
APPROVED AS TO FORM AND LEGALITY:
By:
Bradley A. Anderle, City Attorney
Date:
flock safety
GOVERNMENT AGENCY CUSTOMER AGREEMENT
This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group,
Inc, with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police
department or government agency identified in the signature block below("Agency")(each a"Party," and together,
the"Parties").
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through
Flock's technology platform (the "Flock Service"), and upon detection, the Flock Service creates images and
recordings of suspect vehicles ("Footage") and can provide notifications to Agency upon the instructions of
Non-Agency End User("Notifications");
WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service in order to
create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the
Flock System (where there is an investigative purpose) such as schools, neighborhood homeowners associations,
businesses,and individual users;
WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with Flock's
records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock
System on its own storage devices for auditing for prosecutorial/administrative purposes;and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the
terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police
departments and archiving for evidence gathering("Purpose").
AGREEMENT
NOW,THEREFORE,Flock and Agency agree as follows and further agree to incorporate the Recitals
into this Agreement.
1.DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in
this Section 1.
1.1 "Authorized End User" shall mean any individual employees, agents, or contractors of Agency accessing or
using the Flock Services through the Web Interface, under the rights granted to Agency pursuant to this
Agreement.
1.2 "Agency Data"will mean the data,media and content provided by Agency through the Flock Services.For the
avoidance of doubt, the Agency Data will include the Footage and geolocation information and environmental data
collected by sensors built into the Units.
1.3 "Documentation"will mean text and/or graphical documentation, whether in electronic or printed format, that
describe the features, functions and operation of the Flock Services which are provided by Flock to Agency in
accordance with the terms of this Agreement.
1.4"Embedded Software"will mean the software and/or firmware embedded or preinstalled on the Hardware.
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1.5 "Flock IF' will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the
Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its
Authorized End Users in connection with the foregoing.
1.6"Footage"means still images and/or video captured by the Hardware in the course of and provided via the Flock
Services.
1.7 "Hardware" shall mean the Flock cameras and any other physical elements that interact with the Embedded
Software and the Web Interface to provide the Flock Services. The term "Hardware" excludes the Embedded
Software,
1.8 "Implementation Fee(s)" means the monetary fees associated with the Installation Services, as defined in
Section 1.9 below.
1.9 "Installation Services" means the services provided by Flock regarding the installation, placements and
configuration of the Hardware, pursuant to the Statement of Work attached hereto.
1.10 "Flock Services or Services" means the provision, via the Web Interface, of Flock's software application for
automatic license plate detection,searching image records,and sharing Footage.
1.11 "Non-Agency End User"means a Flock's non-Agency customer that has elected to give Agency access to its
data in the Flock system.
1.12 "Non-Agency End User Data"means the Footage,geolocation data,environmental data and/or notifications of
a Non-Agency End User.
1.13"Unit(s)"shall mean the Hardware together with the Embedded Software.
1.14 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Flock Services and
Hardware.
1.15"Support Services"shall mean On-site Services and Monitoring Services,as defined in Section 2.9 below,
1.16 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users
can access the Flock Services in accordance with the terms of this Agreement.
2. FLOCK SERVICES AND SUPPORT
2.1 Provision of Access.Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive,
non-transferable right to access the features and functions of the Flock Services via the Web Interface during the
Service Term (as defined in Section 6.1) and No-Fee Term, solely for the Authorized End Users,The Footage will
be available for Agency's designated administrator, listed on the Order Form, and any Authorized End Users to
access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account,
and select a password and username ("User ID"). Flock will also provide Agency the Documentation to be used in
accessing and using the Flock Services, Agency shall be responsible for all acts and omissions of Authorized End
Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a
breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake
reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such
Authorized End User's use of the Flock Services and shall cause Authorized End Users to comply with such
provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services,
including without limitation using a third party to host the Web
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ffock safety
Interface which the Flock Services makes available to Agency and Authorized End Users WARRANTIES
PROVIDED BY SUCH THIRD PARTIES, ARE THE AGENCY'S SOLE AND EXCLUSIVE REMEDY AND
FLOCK'S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES,
INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. To the extent practicable, Agency
agrees to comply with any acceptable use policies and other terms of any third-party service provider that are
provided or otherwise made available to Agency from time to time.
2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited,
non-exclusive, non-transferable,non-sublicensable (except to the Authorized End Users),revocable right to use the
Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the
Flock Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a
non-exclusive, non-transferable right and license to use the Documentation during the Service Term in connection
with its use of the Flock Services as contemplated herein,and under Section 2.4,below.
2.4 Usage Restrictions.The purpose for usage of the Hardware,Documentation, Services, support, and the Flock IP
is solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate
government agency and not for tracking activities that the system is not designed to capture("Permitted Purpose").
Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii)
decompile,disassemble,reverse engineer or otherwise attempt to obtain or perceive the source code from which any
software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to
derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, 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,tamper with or repair any of the Flock IP,or create any derivative product from any
of the foregoing, or attempt to do any of the foregoing,except with the prior written consent of Flock;(iv) interfere
or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove,
obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of
the Flock Services or Flock IP;(vi)use the Services,support, Hardware,Documentation or the Flock IP for anything
other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey,
or pledge as security or otherwise encumber,Agency's rights under Sections 2.1,2,2, or 2.3,
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock
and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency
acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by
this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in
Flock's sole discretion. There are no implied rights.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend
Agency's and any Authorized End User's access to any portion or all of the Flock IP if(i) Flock reasonably
determines that (a) there is a threat or attack on any of the Flock IP;(b) Agency's or any Authorized End User's use
of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock;
(c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's
provision of the Flock Services to Agency or any Authorized End User is prohibited by applicable law; (e) any
vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required
to enable Agency to access the Flock IP; or(f) Agency has violated any term of this provision, including,but not
limited to, utilizing the Flock Services for anything other than the Permitted Purpose (each such suspension, in
accordance with this Section 2.6, a "Service Suspension"), Flock will make commercially reasonable efforts,
circumstances permitting, to provide written notice of any Service Suspension to Agency(including notices sent to
Flock's registered email address)and to provide updates regarding resumption of access to the Flock IP following
any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Flock
Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have
no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that
Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service
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f f'o c k s af e, t Y
Suspension is not caused by Agency's direct actions or by the actions of parties associated with the Agency, the
expiration of the Tenn will be tolled by the duration of any suspension (for any continuous suspension lasting at
least one full day).
2.7 Installation Services,
2.7.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise
Agency on the location and positioning of the Units far optimal license plate image capture, as conditions and
location allow. Flock and Agency must mutually agree on the location(mounting site or pole),position and angle of
the Units (each Unit location so designated by Agency, a "Designated Location"), Flock shall have no liability to
Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the
Designated Locations or delay in installation due to Agency's delay in identifying the choices for the Designated
Locations, in ordering and/or having the Designated Location ready for installation including having all electrical
work preinstalled and permits ready, Designated Locations that are suggested by Flock and accepted by Agency
without alteration will be known as Flock Designated Locations. After a deployment plan with Designated
Locations and equipment has been agreed upon by both Flock and the Agency, any subsequent changes to the
deployment plan ("Reinstalls") driven by Agency's request will incur a charge for Flock's then-current list price for
Reinstalls, as listed in the then-current Reinstall Policy (available at
https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not
limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage,camera replacement,
changes to heights of poles,regardless of whether the need for Reinstalls related to vandalism,weather, theft, lack of
criminal activity in view,and the like.
2.7.2 Agency's Installation Obligations, Agency agrees to allow Flock and its agents reasonable access in
and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the
installation work,The"Agency Installation Obligations"include,to the extent required by the deployment plan,but
are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and
comply with local regulations if adequate solar exposure is not available, Agency is solely responsible for (i) any
permits or associated costs, and managing the permitting process; (ii) any federal, state or local taxes including
property, license, privilege, sales,use, excise, gross receipts or other similar taxes which may now or hereafter
become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use,or
(iii) any other supplementary cost for services performed in connection with installation of the Hardware, including
but not limited to contractor licensing,engineered drawings,rental of specialized equipment or vehicles, third-party
personnel (i.e. Traffic Control Officers, Electricians, etc,), such costs to be approved by the Agency. Flock will
provide options to supply power at each Designated Location. If Agency refuses alternative power supply options,
Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any
suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to
minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated
or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not
address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and
warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the
Designated Locations and to make any necessary inspections or tests in connection with such installation.
2.7.3 Flock's Installation Obligations, The Hardware shall be installed in a workmanlike manner in
accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable
time from the time that the Designated Locations are selected by Agency. Following the initial installation of the
Hardware and any subsequent Reinstalls or maintenance operations,Flock's obligation to perform installation work
shall cease;however,Flock will continue to monitor the performance of the Units for the length of the Term and will
receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor
performance and provide any necessary maintenance solely as a measure of quality 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 Hardware.
Labor may be provided by Flock or a third party.
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2.7.4 Security Interest. The Hardware shall remain the personal property of Flock and will be removed
upon the termination or expiration of this Agreement. Agency agrees to per-form 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 thereof or offer to sell or auction the Hardware,then Agency authorizes and empowers Flock to remove
the Hardware or any part thereof. Such removal,if made by Flock,shall not be deemed a waiver of Flock's rights to
any damages Flock may sustain as a result of Agency's default and Flock shall have the right to enforce any other
legal remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this
Agreement does not contemplate work in any areas that contain hazardous materials,or other hazardous conditions,
including,without limit, asbestos, lead,toxic or flammable substances. In the event any such hazardous materials
are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall
have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or
hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of
Flock Services and may,from time to time,advise Agency on changes to the Flock Services,Installation Services,or
the Designated Locations which may improve the performance or functionality of the Services or may improve the
quality of the Footage.The work,its timing,and the fees payable relating to such work shall be agreed by the Parties
prior to any alterations to or changes of the Services or the Designated Locations("Monitoring Services"). Subject
to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance
services ("On-Site Services") in-person or by email at hello@flocksafety.com. Flock will use commercially
reasonable efforts to respond to requests for support. If Agency chooses to self-install Hardware or install Hardware
on a mobile location, Flock shall make reasonable commercial efforts to provide On-Site Services, if permissible.
Agency shall not be entitled to reimbursement, tolling, or credit for any lapse in Services associated with the Unit
malfunction due to installation on mobile locations (i.e. trailers). Agency shall be subject to Reinstall Fees for
re-positioning Units on mobile locations,or subsequent installation on Flock or other stationary poles.
2.10 Special Terms. From time to time, Flock may offer certain"Special Terms"related to guarantees,service and
support which are indicated in the proposal and on the order form and will become part of this Agreement. To the
extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall
control.
2.11 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any system or platform
that it deems necessary or useful to (i)maintain or enhance (a)the quality or delivery of Flock Safety's products or
services to its customers, (b) the competitive strength of,or market for,Flock Safety's products or services,(c)such
platform or system's cost efficiency or performance,or(ii)to comply with applicable law.
3.AGENCY RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Upon creation of a User ID,Agency agrees to provide Flock with accurate,complete,and
updated registration information. Agency may not select as its User ID a name that Agency does not have the right
to use, or another person's name with the intent to impersonate that person. Agency may not transfer its account to
anyone else without prior written permission of Flock. Agency will not share its account or password with anyone,
and must protect the security of its account and password. Agency is responsible for any activity associated with its
account, Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to
connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock,
including, but not limited to, by means of access to,and use of,Agency facilities,as well as by means of assistance
from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to
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perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or
any Installation Services.
3.2 Agency Representations and Warranties.Agency represents,covenants,and warrants that Agency will use the
Services only in compliance with this Agreement and all applicable laws and regulations,including but not limited
to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof. To the
extent allowed by the governing law of the state mentioned in Section 10.6,or if no state is mentioned in Section
10.6, by the law of the State of Georgia, Agency hereby agrees to indemnify and hold harmless Flock against any
damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys' fees, in
connection with any claim or action that arises from an alleged violation of the foregoing due to Agency's actions,
Agency's Installation Obligations, or otherwise from Agency's use of the Services, Hardware and any Embedded
Software, including any claim that such actions violate any applicable law or third party right, Although Flock has
no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it
believes may be(or alleged to be)in violation of the foregoing.
4.CONFIDENTIALITY;AGENCY DATA; NON-AGENCY DATA
4.1 Confidentiality, Each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party")
has disclosed or may disclose business,technical or financial information relating to the Disclosing Parry's business
(hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock is
non-public information including but not limited to features, functionality, designs, user interfaces, trade secrets,
intellectual property, business plans, marketing plans, works of authorship, hardware, customer lists and
requirements, and performance of the Flock Services, Proprietary Information of Agency includes non-public
Agency Data, Non-Agency End User Data, and data provided by Agency or a Non-Agency End 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, transmit, inform or make available to any entity, person or body any of the Proprietary
Information, except as a necessary part of performing its obligations hereunder,and shall take all such actions as are
reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties' respective
rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the
Proprietary Information of the other party to those employees or agents who require access in order to perform
hereunder. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or
unauthorized use of such Proprietary Information that the party takes with its own proprietary information,but in no
event will a party apply less than reasonable precautions to protect such Proprietary Information,and(ii)not to use
(except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such
Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary
Information to send Agency Notifications or alerts, such as when a car exits Agency's neighborhood, or to analyze
the data collected to identify motion or other events.
The Disclosing Party agrees that the foregoing shall not apply with respect to any information that(a)is or becomes
generally available to the public, or (b) was in its possession or known by Receiving Party prior to receipt from the
Disclosing Party, or(c) was rightfully disclosed to Receiving Party without restriction by a third party, or(d) was
independently developed without use of any Proprietary Information of the Disclosing Party or (e) that is deemed
public in accordance with the Texas Public Information Act.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to
any subpoena, summons, judicial order, law, rule, regulation, or other judicial or governmental process, provided
that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to obtain a protective
order or otherwise oppose the disclosure. For clarity,Flock may access,use,preserve and/or disclose the Footage to
law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a
good faith belief that such access,use,preservation or disclosure is reasonably necessary to:(a)comply with a legal
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process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c)detect,
prevent or otherwise address security, fraud or technical issues;or(d)protect the rights,property or safety of Flock,
its users, a third party, or the public as required or permitted by law, including respond to an emergency situation.
Having received notice prior to data being deleted, Flock may store Footage in order to comply with a valid court
order but such retained Footage will not be retrievable without a valid court order.
4.2 Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the
Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants
to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and Non-Agency End
User Data and perform all acts with respect to the Agency Data and Non-Agency End User Data as may be
necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set
forth in Section 2.9 above,and a non-exclusive,perpetual, irrevocable, worldwide,royalty-free,fully paid license to
use, reproduce, modify and distribute the Agency Data and Non-Agency End User Data as a part of the Aggregated
Data (as defined in Section 4.4 below). As between Flock and Agency, Agency is solely responsible for the
accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non-Agency End User
Data. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of
Agency and Non-Agency End Users will share all right,title and interest in the Non-Agency End User Data. This
Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information
of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day
window to view,save and/or transmit Footage to the relevant government agency prior to its deletion.
4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or
other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and
representatives to assign)to Flock all right,title and interest(including intellectual property rights)with respect to or
resulting from any of the foregoing.
4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to
collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and
other information relating to the provision, use and performance of various aspects of the Services and related
systems and technologies (including, without limitation, information concerning Agency Data and data derived
therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any
personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or
aggregated data based on Agency Data and Non-Agency End User Data input into the Services (the "Aggregated
Data"), Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during
and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the
Services and for other marketing,development,diagnostic and corrective purposes,other Flock offerings,and crime
prevention efforts, and (ii) disclose the Agency Data and Non-Agency End User Data (both inclusive of any
Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search
access to law enforcement for investigative purposes only, No rights or licenses are granted except as expressly set
forth herein,
5. PAYMENT OF FEES
5.1 Fees.Agency will pay Flock the first Usage Fee,the Implementation Fee and any fee for Hardware(as described
on the Order Form, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following
receipt of invoice, after successful validation of the Units. Flock is not obligated to commence the Installation
Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related
thereto. Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and
payable thirty (30)days in advance of each payment period. All payments will be made by either ACH, check,or
credit card. The first month of Flock Services corresponding to the first Usage Fee payment will begin upon the first
installation of Hardware, For Agencies who purchase ten (10)or more Units,in the event that only a portion of the
Units are installed at the first installation with additional Units to be installed at a later date, Usage Fees shall be
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calculated on a pro rata basis corresponding to the then-installed Units. Agencies will be invoiced for the additional
Units immediately upon installation of the remaining Units.
5,2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges
and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end of such
Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that
Flock has billed Agency incorrectly,Agency must contact Flock no later than sixty (60)days after the closing date
on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Flock's customer support department. Agency acknowledges and agrees that a failure
to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a
result of such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for
invoices issued in any given month must be received by Flock thirty(30)days after the mailing date of the invoice.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum
permitted by law, whichever is lower,plus all expenses of collection, and may result in immediate termination of
Service. To the extent allowable by law or Agency regulations pertaining to tax-exempt entities, Agency shall be
responsible for all taxes associated with Services other than U.S.taxes based on Flock's net income.
5.4 No-Fee Term Access.Subject to Flock's record retention policy,Flock offers complimentary access to the Flock
System for thirty(30)days("No Fee Term")to Agency when Non-Agency End Users intentionally prescribe access
or judicial orders mandate access to Non-Agency End User Data. Agency agrees to pay the Initial Fees and Usage
Fees according to Section 5.1 and will receive Flock's complimentary access to the Flock Service and Footage for
no additional cost. Should such access cause Flock to incur internal or out-of-pocket costs that are solely the result
of the access, Flock reserves the right to invoice these costs to Agency under Section 5.3 and Agency agrees to pay
them. The complimentary No-Fee Term access to Flock Services shall survive the expiration or termination of this
Agreement for five(5)years unless Agency provides written notice of the intent to cancel access to Flock Services.
6.TERM AND TERMINATION
6.1 Term. Subject to earlier termination as provided below,the initial term of this Agreement shall be fbr the period
of time set forth on the Order Form(the"Initial Terns"). Following the Initial Term,unless otherwise indicated on
the Order Form, this Agreement will automatically renew for successive renewal terms for the greater of one year
and the length set forth on the Order Forin (each, a "Renewal Term", and together with the Initial Term, the
"Service Term") unless either party gives the other party notice of non-renewal at least thirty (30) days prior to
the end of the then-current term.
6.2 Agency Satisfaction Guarantee, At any time during the agreed upon term, an Agency not fully satisfied with
the service or solution may self-elect to terminate their contract.Self-elected termination will result in a one-time fee
of actual cost of removal and labor,said cost not to exceed$500 per camera, Upon self-elected termination,a refund
will be provided, prorated for any fees paid for the remaining Term length set forth previously. Self-termination of
the contract by the Agency will be effective immediately. Flock will remove all equipment at Flock's own
convenience,within a commercially reasonable period upon termination.Advance notice will be provided.
6.3 Termination, In the event of any material breach of this Agreement,the non-breaching party may terminate this
Agreement prior to the end of the Service Term by giving thirty(30) days prior written notice to the breaching party,
provided,however, that this Agreement will not terminate if the breaching party has cured the breach prior to the
expiration of such thirty-day period. Either party may terminate this Agreement, without notice, (i) upon the
institution by or against the other party of insolvency,receivership or bankruptcy proceedings, (ii) upon the other
party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do
Page 8 of 12
ffock safety
business. Upon termination for Flock's material breach, Flock will refund to Agency a pro-rata portion of the
pre-paid Fees for Services not received due to such termination.
6.4 Effect of Termination.Upon any termination of the Service Term, Flock will collect all Units,delete all Agency
Data, terminate Agency's right to access or use any Services, and all licenses granted by Flock hereunder will
immediately cease. Agency shall ensure that Flock is granted access to collect all Units and shall ensure that Flock
personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this
Agreement,Agency will immediately cease all use of Flock Services.
6.5 No-Fee Term. The initial No-Fee Term will extend,after entering into this Agreement,for thirty(30) days from
the date a Non-Agency End User grants access to their Footage and/or Notifications. In expectation of repeated
non-continuous No-Fee Terms, Flock may in its sole discretion leave access open for Agency's Authorized End
Users despite there not being any current Non-Agency End User authorizations. Such access and successive No-Fee
Terms are deemed to be part of the No-Fee Term. Flock, in its sole discretion, can determine not to provide
additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days' notice. Agency may
terminate any No-Fee Tenn or access to future No-Fee Terms upon 30 days'notice.
6.6 Survival. The following Sections will survive termination:2.4,2.5,3,4,5(with respect to any accrued rights to
payment), 5.4,6.5,7.4,8.1,8.2,8.3, 8.4,9.1 and 10.5.
7.REMEDY;WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software(a "Defect"), Agency must first
make commercially reasonable efforts to address the problem by contacting Flock's technical support as described in
Section 2.9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to
repair or replace the Hardware or Embedded Software suffering from the Defect Flock reserves the right in their
sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and
tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after
Agency notifies the Flock of a Defect. In the event of a Defect,Flock will repair or replace the defective Unit at no
additional cost.In the event that a Unit is lost,stolen,or damaged,Flock agrees to replace the Unit at a fee according
to the then-current Reinstall Policy (https://ww-w.flocksafety.com/reinstall-fee-schedule). Agency shall not be
required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that
functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units
and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or
Implementation Fees owed be impacted.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions
apply: (a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or
Embedded Software in any way that does not strictly comply with any applicable specifications,documentation,or
other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Hardware or Embedded
Software in any way; or(c) combination of the Hardware or Embedded Software with software,hardware or other
technology that was not expressly authorized by Flock.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the
Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation
Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean
and leave the area in good condition, Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance, either by Flock or by third-party providers,or because of other causes beyond
Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail
of any scheduled service disruption.
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ock safety
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY, AND
FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED
SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION,THE SERVICES
AND INSTALLATION SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT .THIS
DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW
OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY
THE LAW OF THE STATE OF GEORGIA.
7.5 Insurance. Flock shall maintain commercial general liability policies with policy limits reasonably
commensurate with the magnitude of its business risk. Certificates of Insurance will be provided upon request.
Agency is a self-insured government entity as authorized under applicable law and shall provide a letter of
self-insurance indicating such status to Flock upon request.
7.6 Force Majeure. Neither party shall be responsible nor liable for any delays or failures in performance from any
cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes,war,
terrorist acts,epidemics, pandemics, acts or omissions of third-party technology providers,riots,fires, earthquakes,
floods, power blackouts, strikes,weather conditions or acts of hackers, internet service providers or any other third
party or acts or omissions of the other party.
8.LIMITATION OF LIABILITYAND INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT IN THE
EVENT OF GROSS NEGLIGENCE OR INTENTIONAL OR WILLFUL ACTS, FLOCK AND ITS SUPPLIERS
(INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS,
AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE
OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND
CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY,
PRODUCT LIABILITY, OR OTHER THEORY: (A)FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS
OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B)
FOR ANY INDIRECT,EXEMPLARY,INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR
ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING
REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR
CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF
PROPRIETARY INFORMATION MADE IN GOOD FAITH;(E)FOR CRIME PREVENTION;OR(F)FOR ANY
AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED
THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS
AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO
THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY,AGENCY SHOULD CONTACT
911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8
ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED
IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF
GEORGIA.
8.2 Additional No-Fee Term Requirements, EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR
INTENTIONAL OR WILLFUL ACTS, IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY,IF ANY,
ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS
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ffock safety
DESCRIBED IN SECTION 6.5 EXCEED$100,WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED
IN CONTRACT,TORT(INCLUDING NEGLIGENCE),PRODUCT LIABILITY OR OTHERWISE.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and
omissions of its own employees, deputies,officers, or agents, in connection with the performance of their official
duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own
officers,agents,or employees that occur within the scope of their official duties.
8.4 Indemnity. To the extent permitted by applicable law, Agency hereby agrees to indemnify and hold harmless
Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and
attorneys' fees) in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach
of this Agreement, Agency's Installation Obligations, Agency's sharing of any data in connection with the Flock
system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency's use of the Services,
Hardware and any Software, including any claim that such actions violate any applicable law or third party right.
Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any
use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement.
Notwithstanding any of the foregoing, nothing herein shall require Agency to create a sinking fund to satisfy any
obligation to indemnify under this Agreement.
9.RECORD RETENTION
9.1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance
with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record
retention schedules. As part of Agency's consideration for paid access and no-fee access to the Flock System,to the
extent that Flock is required by local, state or federal law to store the Agency Data or the Non-Agency End User
Data,Agency agrees upon thirty (30) days written notice from Flock,if possible,to preserve and securely store this
data on Flock's behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by
judicial or government order, Flock may retrieve the data from Agency in accordance with the applicable law set
forth in Section 10,6.
10.MISCELLANEOUS
10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid,that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and
effect and enforceable.
10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock's
prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, to any
affiliate company in which it owns a majority share or is under common ownership or control under this Agreement
without consent.
10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy
(https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the subject matter of this Agreement,and that all
waivers and modifications must be in a writing signed by both parties,except as otherwise provided herein. None of
Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement,and any such
conflicting terms are expressly rejected.
10.4 Relationship.No agency,partnership,joint venture,or employment is created as a result of this Agreement and
neither party shall have any authority of any kind to bind the other party in any respect whatsoever.
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10.5 Costs and Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement attorney's fees
shall be awarded as authorized by the law of the state set forth in Section 10.6.
10,6 Governing Law; Venue.This Agreement shall be governed by the laws of the State of Texas without regard to
its conflict of laws provisions. The federal and state courts sitting in the State of Texas will have proper and
exclusive jurisdiction and venue with respect to any disputes arising from or related to the subject matter of this
Agreement. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in
its entirety from this Agreement. Any dispute arising out of, in connection with, or in relation to this agreement or
the making of validity thereof or its interpretation or any breach thereof shall be determined and settled by
arbitration in Tan-ant County,Texas by a sole arbitrator pursuant to the rules and regulations then obtaining of the
American Arbitration Association and any award rendered therein shall be final and conclusive upon the parties,and
a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The
service of any notice, process, motion or other document in connection with an arbitration award under this
agreement or for the enforcement of an arbitration award hereunder may be effectuated by either personal service or
by certified or registered mail to the respective addresses provided herein.
10.7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right to reference and use Agency's
name and trademarks and disclose the nature of the Services provided hereunder in each case in business and
development and marketing efforts, on Flock's website, Flock shall not use Agency's name or trademarks in any
negative, false,misleading,or demeaning manner, in Agency's sole discretion.
10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock
IP or anything related thereto,or any direct product thereof in violation of any restrictions,laws or regulations of the
United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services,
the Hardware, the Embedded Software and Documentation are"commercial items"and according to DFAR section
252.2277014(a)(1)and(5) are deemed to be "commercial computer software"and"commercial computer software
documentation." Consistent with DFAR section 227,7202 and FAR section 12.212, any use, modification,
reproduction, release, performance, display, or disclosure of such commercial software or commercial software
documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be
prohibited except to the extent expressly permitted by the terms of this Agreement.
10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the
Agreement or interpreting the associated Sections.
10.10 Counterparts. This Agreement may be executed in two or more Counterparts,each of which shall be deemed
an original,but all of which together shall constitute one and the same instrument.
10.11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and
have the authority to sign on behalf of and bind the organizations and individuals they are representing.
10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given
when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or
e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon
receipt,if sent by certified or registered mail,return receipt requested.
Page 12 of 12
Sole Source/Sole Brand Justification Form
Complete this form when only one source is available for goods or services requested or when only one product will meet your needs.
Respond to all questions that apply. Please complete and forward it to the Purchasing Department, along with Sole Source letter
provided by vendor. If more space is needed, please attach additional page(s).
PURCHASE INFORMATION
1. Provide Estimated Price.
$192,000
2. Provide name,manufacturer,and model number of item being purchased or the services to be purchased.
Subscription renewal for 1 Flock Safety Gunshot Detection (Raven)device with a 1/4 mile radius in the amount of
$12,000 and 60 Flock Safety Falcons in the amount of$180,000 for the City of Arlington. Subscription renewal is for
time period of 09/01/2025-08/31/2026 and will be purchased with TAG Grant#2848911 funds.
3. Provide Description of requested items or services and their purpose(s).Add additional sheet if needed.
The Raven detects gunshots, locates the source, and works in tandem with the Flock Safety Falcon Automatic License
Plate Reader(ALPR) camera to deliver the objective evidence officers need to respond to gunshots quickly, preserve
critical evidence, and clear more cases. Raven recognizes gunshots, logs the location, and alerts law enforcement to
the scene. Flock Safety Falcon cameras collect suspect vehicle leads at the perimeter and delivers them in a simple,
4. Reason(s)for requesting a sole source purchase:
I Original manufacturer or provider.
❑ Only local distributor for the original manufacturer or provider.
❑ Only known item or service matching the requested needs or performing the intended task.
❑ Sole provider of a licensed or patented good or service.
I Sole provider of items compatible with existing equipment,inventory,systems,programs or services.
❑ Sole provider or factory-authorized warranty service.
❑ None of the above applies(Please attach a detailed explanation and justification for this sole source request.)
5. Explain why the product or service requested is the only one that can satisfy your requirements.
Flock Safety is the sole manufacturer, developer, and distributor of the Flock Safety ALPR cameras as well as the sole
provider of the comprehensive monitoring, processing, and machine vision services that integrate with the Flock
Safety ALPR Camera. Subscription is being renewed for the City of Arlington's existing Raven and 60 Falcons
6. Identify other sources reviewed and why they are unacceptable. Be specific with regard to specifications.Attach additional
pages if necessary.
I certify that the above statements are true and correct,and that no other material fact or consideration offered or given has influenced
this recommendation for a sole-source or proprietary purchase.
Terri Bounds Grant Specialist Police
Print/Type Name Print/Type Title Department
3/24/26 817/427-7078
Department Director's Signature Date Telephone Number
PURCHASING USE ONLY
Approved by: Date: 4/8/26
Purchasing Manager(or designee)
Purchasing Department
4301 City Point Drive•North Richland Hills,TX 76180•P:(817)427-6150•F:(817)427-6151 rev.10/2024
f f" lock safety
Sole Source Letter for Flock Safety® ALPR Cameras and Solution
Flock Safety® is the sole manufacturer, developer, and distributor of the Flock Safety®ALPR
Camera. Flock Safety® is also the sole provider of the comprehensive monitoring, processing,
and machine vision services which integrate with the Flock Safety®ALPR Camera.
The Flock Safety®ALPR camera and devices are the only Law Enforcement Grade ALPR
System to offer the following combination of proprietary features:
1. Vehicle Fingerprint Technology®:
o Patented proprietary machine vision to analyze vehicle license plate, state
recognition, and vehicle attributes such as color, type, make and objects (roof
rack, bumper stickers, etc.) based on image analytics (not car registration data)
o Machine vision to capture and identify characteristics of vehicles with a paper
license plate and vehicles with the absence of a license plate
o Ability to `Save Search' based on description of vehicles using our patented
Vehicle Fingerprint Technology without the need for a license plate, and set up
alerts based on vehicle description
o Only LPR provider with "Visual Search" which can transform digital images from
any source into an investigative lead by finding matching vehicles based on the
vehicle attributes in the uploaded photo
o Flock Safety Falcon FlexTM: an infrastructure-free, location-flexible license plate
reader camera that is easy to self install. Flock Safety Falcon FlexTM ties
seamlessly into the Flock Safety® ecosystem with a small and lightweight
camera with the ability to read up to 30,000 license plates and vehicle attributes
on a single battery charge
2. Integrated Cloud-Software & Hardware Platform:
o Ability to capture two (2+) lanes of traffic simultaneously with a single camera
from a vertical mass
o Best in class ability to capture and process up to 30,000 vehicles per day with a
single camera powered exclusively by solar power
o Wireless deployment of solar powered license plate reading cameras with
integrated cellular communication weighing less than 5lbs and able to be
powered solely by a solar panel of 60W or less
o Web based footage retrieval tool with filtering capabilities such as vehicle color,
vehicle type, vehicle manufacturer, partial or full license plate, state of license
plate, and object detection
1170 Howell Mill Pd. NW • Suite 210, Atlanta, GA 30318
f f" lock safety
o Utilizes motion capture to start and stop recording without the need for a
reflective plate
o Motion detection allows for unique cases such as bicycle capture, ATV,
motorcycle, etc.
o On device machine processing to limit LTE bandwidth consumption
o Cloud storage of footage
o Covert industrial design for minimizing visual pollution
3. Transparency & Ethical Product Design:
o One-of-a-kind "Transparency Portal" public-facing dashboard that details the
policies in place by the purchaser, as well as automatically updated metrics from
the Flock Safety® system
o Built-in integration with NCMEC to receive AMBER Alerts to find missing children
o Privacy controls to enable certain vehicles to "opt-out" of being captured
4. Integrated Audio & Gunshot Detection:
o Natively integrated audio detection capabilities utilizing machine learning to
recognize audio signatures typical of crimes in progress (e.g., gunshots)
5. Live Video Integration:
o Ability to apply computer vision to third-party cameras using Flock Safety Wing®
LPR, transforming them to evidence capture devices using the same Vehicle
Fingerprint technology offered on the Flock Safety Falcon® ALPR cameras
o Flock Safety Wing® Livestream integrates live stream traffic cameras, publicly or
privately owned livestream security cameras into one cloud-based situational
awareness dashboard to increase response time in mission-critical incidents
o Manage various government intelligence including ALPR, livestream cameras,
CAD, automatic vehicle location (AVL) on Flock Safety Wing® Suite
o Ability to access live and recorded video using Flock Safety Condor TM, a
subscription video solution which allows officers to remotely view instant replay of
downloadable live on-scene video with PTZ controls and 25X optical zoom
without the need for additional camera network set-up, installation, or up-keep.
6. Partnerships:
o Flock Safety® is the only LPR provider to officially partner with AXON to be
natively and directly integrated into Evidence.com
1170 Nowell Mill Pd. NW • Suite 210, Atlanta, GA 30318
f f" lock safety
o Flock Safety® is the only LPR provider to be fully integrated into a dynamic
network of AXON"s Fleet 3 mobile ALPR cameras for patrol cars and Flock
Safety Falcon® cameras
o Access to additional cameras purchased by our HOA and private business
partners, means an ever-increasing amount of cameras and data at no additional
cost
7. Warranty & Service:
o Lifetime maintenance and support included in subscription price
o Flock Safety® is the only fully integrated ALPR one-stop solution from production
of the camera to delivery and installation
o Performance monitoring software to predict potential failures, obstructions, tilts,
and other critical or minor issues
Thank you, A46--1
Garrett Langley CEO, Flock Safety®
1170 Howell Mill Pd. NW • Suite 210, Atlanta, GA 30318
1%4MM
,C C)F N 0 R1 H R,l C H L A N D H S
March 6, 2026
City of Arlington Police Department
620 W. Division St.
Arlington TX 76011
RE: Letter of Intent to execute Regionol Asset Transfer Addendum for the North Texas Anti-Gang
Center Local Administrative Agreement
This Letter of Intent confirms a preliminary agreement between the City of North Richland Hills
("NRH") and The City of Arlington by and through its Police Department ("Receiving
Jurisdiction/Agency'), with respect to receiving and transferring ownership and responsibility of
Asset(s)purchased with State Grant 2848911 Funds as defined in the Local Administrative Agreement
Between the Constituent Agencies of the Texas Anti-Gang Center—North Texas (the "Agreement").
The Receiving Jurisdiction/Agency confirms its intention to execute and agree in writing to terms and
conditions set forth in the Regional Asset Transfer Addendum to the Agreement (the "Addendum"),
accepting the transfer and ownership of the following asset(s)following purchase by NRH:
• Subscription renewal for 60 Flock Safety LPR(Falcon)devices for the period of 09/01/2025
—08/31/2026—up to $210,000
• Subscription renewal for 1 Flock Safet Gunshot Detection (Raven) device for Y4 sq mile of
coverage for the period of 09/01/2M—08/31/2026—up to $15,000
Receiving Jurisdiction/Agency confirms and acknowledges that it has been provided a copy of the
Addendum and has been provided an opportunity to review and request modifications to the
Addendum, including review by its legal counsel as needed. The Receiving/Jurisdiction Agency
intends to execute the Addendum upon final approval by its governing body or other officer who
has authority to execute agreements on its behalf.
AGREED BY:
City of Arlington Police Department
620 W. Divisio, t.
Arlin g T 11
By:
Siggna ure
(%
0_3ye
Printed Name an Title
Date
Tnas Anti-Gang Center- Letter of Intent (A-CONTRAC"I"NO, 11DOO 6-202212 3
Page I Of I
REGIONAL ASSET TRANSFER ADDENDUM B-22
TO 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 Sheriffs Office
City of Denton by and through its Police Department
City of Plano by and through its Police Department
Kaufman County District Attorney's Office
City of Forney by and through its Police Department
Ellis County Sheriff s Office
City of Mesquite by and through its Police Department
Haltom City 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 2023 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, 2026 ("Term"); and
North Texas Anti-Gang Center
Regional Asset Transfer Addendum-City of Arlington CA-CONTRACT NO.PDO013_20221102
Texas Anti-Gang Center—North Texas
Page 1 of 6
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 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, 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 March 14, 2025, 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: City of Arlington
Jurisdiction/Agency Principal Address: 620 W. Division Street Arlington TX 76011
Brief description of the Asset(s): Subscription renewal for 1 Flock Raven Gunshot Detection device and
60 Flock Safety Falcons for the period of 09/01/2025 - 08/31/2026.
Amount of Expenditure: $192,000.00
Authorized Jurisdiction/Agency Contact: Alexander Jones, Police Chief
Jurisdiction/Agency Contact Email Address: Alexander.Jones@arlingtontx.gov
Jurisdiction/Agency Contact Phone Number: (817) 459-5701
Grant Number: #2848911 Grant Funding Period: September 1, 2025 - August 31, 2026
Any Asset(s) purchased after this date shall not be eligible for transfer to Receiving Jurisdiction/Agency.
North Texas Anti-Gang Center
Regional Asset Transfer Addendum-City of Arlington CA-CONTRACT NO.PD0013_20221102
Texas Anti-Gang Center—North Texas
Page 2 of 6
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 TAG Grant Funds, 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
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
North Texas Anti-Gang Center
Regional Asset Transfer Addendum-City of Arlington CA-CONTRACT NO.PD0013_20221102
Texas Anti-Gang Center—North Texas
Page 3 of 6
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 Flock Group Inc. Services
Agreement Order Form and the Government Agency Customer Agreement executed by Receipient,
which is attached hereto and incorporated into this Addendum as Attachement 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
• 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
North Texas Anti-Gang Center
Regional Asset Transfer Addendum-City of Arlington CA-CONTRACT NO.PD0013_20221102
Texas Anti-Gang Center—North Texas
Page 4 of 6
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 party 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:
By: By:
Paulette Hartman, City Manager
Alicia Richardson, City Secretary
Chief Governance Officer
Date:
Date:
APPROVED TO FORM AND LEGALITY:
By:
Bradley A. Anderle, City Attorney
North Texas Anti-Gang Center CA-CONTRACT NO.PD0013 20221102
Regional Asset Transfer Addendum-City of Arlington —
Texas Anti-Gang Center—North Texas
Page 5 of 6
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_20221102
Regional Asset Transfer Addendum-City of Arlington
Texas Anti-Gang Center—North Texas
Page 6 of 6
RESOLUTION NO. 2025-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, TO AUTHORIZE THE APPLICATION AND
ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE
TEXAS GOVERNOR'S HOMELAND SECURITY DIVISION FY2026
NORTH TEXAS ANTI-GANG CENTER, GRANT #2848911 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) FY2026 North
Texas Anti-Gang Center, Grant #2848911-1 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
15% of eligible modified total direct costs in the FY2026 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.
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 FY2026 North Texas Anti-Gang
Center Program Grant #2848911.
Resolution No.2025-020
Page 1 of 2
SECTION 3. The City Council of the City of North Richland Hills designates the Chief
of Police as the grantee's authorized official, with the 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. All Resolutions of the City Council of the City in conflict herewith are
hereby amended or repealed to the extent of such conflict.
SECTION 6. 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.
PASSED AND APPROVED on this 3rd day of March, 2025.
CITY OF NORTH RICHLAND HILLS
Al
�
_._
Jk McCarty, Mayor
ATTEST:
a o
Z��v
Alicia Richardson
City Secretary/Chief Gove `ed�ffjr,
APPROVED AS TO FORM AND LEGALITY:
/0
Bradley &, riderle, City Attorney
APPROVE.D AS TO CONTENT:
,r
Jeff Gr `r, Chief of Police
Resolution No.2025-020
Page 2 of 2
7� 2
2 \
September2025
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 (COG). 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 COG 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.COG 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
P,�ttr: Is: eGirau uus,go� +( a e,ii,�:a go,,,( 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: eGrants@gov.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
r III IIICan'tents
AboutThis Document......................................................................................................................................................1
1 Grant Agreement Requirements and Conditions.................................................................................................6
1.1 Applicability of Grant Agreement and Provisions....................................................................................6
1.2 Legal Authority to Apply................................................................................................................................6
1.3 Amendments and Changes to the Grant Agreement................................................................................6
1.4 General Responsibility....................................................................................................................................7
1.5 Terms and Conditions......................................................................................................................................7
1.6 Special Conditions............................................................................................................................................7
1.7 Public Information.............................................................................................................................................7
1.8 Remedies for Non-Compliance......................................................................................................................8
1.9 False Statements by Grantee........................................................................................................................9
1.10 Conflict of Interest Safeguards......................................................................................................................9
1.11 Fraud,Waste,and Abuse........................................................................................................................... 10
1.12 Dispute Resolution.......................................................................................................................................... 11
1.13 Funds Limited by Agreement and Subject to Availability..................................................................... 12
1.14 Termination of the Agreement.................................................................................................................... 12
1.15 Communication with Grantee...................................................................................................................... 13
1.16 Limitation of Liability.................................................................................................................................... 13
1.17 Liability for Taxes......................................................................................................................................... 13
1.18 Force Majeure................................................................................................................................................ 14
1.19 Debt to State.................................................................................................................................................. 14
1.20 Grantee an Independent Contractor......................................................................................................... 14
1.21 No Assignment of Rights or Obligations................................................................................................... 14
1.22 Funds Are for Sole Benefit of Grantee..................................................................................................... 15
1.23 Permission for Use of OOG Name and Labeling................................................................................... 15
1.24 Acknowledgement of Funding and Disclaimer......................................................................................... 15
1.25 Royalty-Free License..................................................................................................................................... 15
1.26 Project Period................................................................................................................................................. 16
1.27 Project Commencement................................................................................................................................ 16
1.28 Project Close Out........................................................................................................................................... 16
1.29 Federal Program Laws, Rules,and Guidelines........................................................................................ 16
1.30 Applicability of Part 200 Uniform Requirements for Federally Funded Awards............................ 17
1.31 Required State Assurances.......................................................................................................................... 17
2 Organizational Eligibility...................................................................................................................................... 17
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Grantee Standard Conditions and Responsibilities Office of the Governor
2.1 Good Standing for Eligible Grantees....................................................................................................... 17
2.2 System for Award Management (SAM) Requirements.......................................................................... 18
2.3 Criminal History Reporting.......................................................................................................................... 19
2.4 Uniform Crime Reporting............................................................................................................................. 19
2.5 Immigration Related Matters...................................................................................................................... 19
2.6 E-Verify...........................................................................................................................................................20
2.7 Deceptive Trade Practices Violations........................................................................................................20
2.8 Hurricane Contract Violations.....................................................................................................................20
2.9 Terminated Contracts....................................................................................................................................20
2.10 Special Requirements for Units of Local Government............................................................................21
2.11 Special Requirements for Non-Profit Grantees.......................................................................................21
2.12 Special Requirements for Facilities or Entities that Collect Sexual Assault/Sex Offense Evidence
or Investigates/Prosecutes Sexual Assault or other Sex Offenses....................................................................22
2.13 Special Requirements for County Sexual Assault Response Teams and County Commissioners'
Courts 22
2.14 Firearm Suppressor Regulation..................................................................................................................22
2.15 Enforcement of Public Camping Bans........................................................................................................22
2.16 Prohibition on Agreements with Certain Foreign-Owned Companies in Connection with Critical
Infrastructure................................................................................................................................................................23
2.17 Prohibition on Out-of-Scope Activities......................................................................................................23
3 Civil Rights................................................................................................................................................................24
3.1 Compliance with Civil Rights and Nondiscrimination Requirements.....................................................24
3.2 Limited English Proficiency...........................................................................................................................25
3.3 Equal Employment Opportunity Plan........................................................................................................25
4 Personnel..................................................................................................................................................................26
4.1 Overtime.........................................................................................................................................................26
4.2 Notification of Grant-Contingent Employees...........................................................................................26
5 Travel........................................................................................................................................................................26
5.1 Travel Policies................................................................................................................................................26
6 Contracts and Procurement...................................................................................................................................26
6.1 Procurement Practices and Policies............................................................................................................26
6.2 Subcontracting ...............................................................................................................................................27
6.3 Buy Texas........................................................................................................................................................27
6.4 Contract Provisions Under Federal Awards.............................................................................................27
7 Equipment Requirements.......................................................................................................................................27
7.1 Property Management and Inventory.......................................................................................................27
7.2 Maintenance and Repair.............................................................................................................................28
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Grantee Standard Conditions and Responsibilities Office of the Governor
7.3 Automated License Plate Readers.............................................................................................................28
8 Information Technology.........................................................................................................................................29
8.1 Accessibility Requirements...........................................................................................................................29
8.2 Criminal Intelligence System Operating Procedures..............................................................................29
8.3 Blocking Pornographic Material.................................................................................................................29
8.4 Cybersecurity Training.................................................................................................................................29
9 Indirect Costs...........................................................................................................................................................30
9.1 Approved Indirect Cost Rate......................................................................................................................30
9.2 De Minimis Rate.............................................................................................................................................30
10 Audit and Records Requirements....................................................................................................................30
10.1 Grantee Subject to Audits...........................................................................................................................30
10.2 Single Audit Requirements...........................................................................................................................30
10.3 Cooperation with Monitoring,Audits,and Records Requirements.......................................................31
10.4 Requirement to Address Audit Findings....................................................................................................33
10.5 Records Retention..........................................................................................................................................33
11 Prohibited and Regulated Activities and Expenditures..............................................................................34
11.1 Inherently Religious Activities......................................................................................................................34
11.2 Political Activities...........................................................................................................................................34
1 1.3 Generally Prohibited Expenditures...........................................................................................................35
11.4 Acorn................................................................................................................................................................36
1 1.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment..........36
12 Financial Requirements......................................................................................................................................36
12.1 Financial Status Reports...............................................................................................................................36
12.2 Approval of Financial Status Report.........................................................................................................37
12.3 Reimbursements..............................................................................................................................................37
12.4 Generally Accepted Accounting Principles..............................................................................................37
12.5 Program Income.............................................................................................................................................37
12.6 Refunds and Deductions...............................................................................................................................38
12.7 Liquidation Period.........................................................................................................................................38
12.8 Duplication of Funding..................................................................................................................................38
12.9 Supplanting ....................................................................................................................................................38
13 Required Reports...............................................................................................................................................38
13.1 Measuring, Reporting,and Evaluating Performance.............................................................................38
13.2 Report Formats,Submissions,and Timelines.............................................................................................39
13.3 Failure to File Required Reports.................................................................................................................39
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Grantee Standard Conditions and Responsibilities Office of the Governor
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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 COG, 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.
1.3 Amendments and Changes to the Grant Agreement
COG 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. COG, at its sole discretion, and upon written
notice by COG 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 COG,at any time,
during the term of this Grant Agreement.
The grantee has no right or entitlement to reimbursement with grant funds. COG 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 COG 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 COG
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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Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG 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 COG.
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 COG 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 COG'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 COG, at its sole discretion and at any time, without amending
this Grant Agreement. Failure by COG to provide notice does not absolve grantee of compliance with
any special conditions. COG 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,COG,and this Grant Agreement are subject to the Texas Public Information Act,
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Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG 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
COG 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. COG agrees to notify the grantee in writing within a reasonable time from
receipt of a request for information covering the grantee's Confidential Information. COG 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 COG 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 COG 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 for Non-Compliance
If COG 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, COG, in its sole discretion and consistent with
any applicable COG Administrative Rules, may take actions including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by COG;
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 this grant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by COG until repayment to COG is made and any other compliance or audit
finding is satisfactorily resolved;
7. Reducing the grant award maximum liability of COG;
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Grantee Standard Conditions and Responsibilities Office of the Governor
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.
COG, 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 OOG under this grant agreement and applicable law.
False statements or claims made in connection with COG 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 Conflict of Interest Safeguards
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 forthemselves 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 COG 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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Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG, 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 COG. COG's policy is to promote consistent, legal, and ethical organizational
behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations
of law, COG 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 COG of said allegation or finding and to continue to inform COG of the status of any such on-
going investigations. The grantee must also promptly refer to COG 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 COG 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 COG 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 COG. 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 COG.
The grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to
COG'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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Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG, 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 COG, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so byOOG.
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 COG, 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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Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG-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
COG in excess of the funds delineated in this grant.The grantee agrees that funding for this grant is
subject to the actual receipt by COG of grant funds (state and/or federal) appropriated to COG 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 COG is not appropriated the funds or if OOG does not receive the appropriated funds for
this grant program, or if the funds appropriated to COG for this grant program are required to be
reallocated to fund other federal or state programs or purposes, COG is not liable to pay the grantee
the maximum liability amount specified in the SOGA or any other remaining balance of unpaid funds.
If COG 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 COG upon written notice to grantee.
1.14 Termination of the Agreement
COG may, at its sole discretion,terminate this Grant Agreement, without recourse, liability or penalty
against COG, 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, COG 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.
COG and grantee may mutually agree to terminate this Grant Agreement. COG 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 underthis Grant Agreement. Following termination by COG,grantee shall
continue to be obligated to COG for the return of grant funds in accordance with applicable provisions
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Grantee Standard Conditions and Responsibilities Office of the Governor
of this Grant Agreement. In the event of termination under this Section, COG'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 OOG 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 COG, 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 COG and the
Office of the Attorney General when COG, 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 COG and the Office of the
Attorney General. The grantee and COG 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 COG,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,
COG and the Office of the Attorney General when COG, 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 COG and the
Office of the Attorney General. The grantee and COG 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 COG, its officers, employees, agents, or contractors or the State of Texas of any privileges,
rights, defenses, remedies, or immunities from suit and liability that COG or the State of Texas may
have by operation of law.
1.17 Liability 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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Grantee Standard Conditions and Responsibilities Office of the Governor
such persons, including laws regarding wages, taxes, insurance, and workers' compensation. COG
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 ofOOG.
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 COG 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 COG 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 COG's prior written consent
is void and may result in the termination of this Grant Agreement.
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122 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 ofOOG or the
Governor of the State ofTexas.
2.23 Permission for Use oƒ00G Name and Labeling
Other than the required statements listed in this document,grantee shall not use OOG's name or refer
to COG 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 COG.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 toCOG.
2.24 Acknowledgement of Funding and Disclaimer
All publications, including websites, produced in full or in part with grant funds awarded by COG must
include an acknowledgement of the funding and a disclaimer of non-endorsement by the funding
agency. In general, no publication may convey COG'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 vveboiteo, 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 [vveboite/report/otudy/prcject/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 vveboite (including, without limitation, its content, technical infrastructure,
and policies, and any services or tools provided)."
2.25 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. COG (and the federal funding
agency, if the work is funded with a federal grant) reserves a roya|ty~free, non'exduoive, 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 oubavvard;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:
Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG program manager for the award and not
proceed with the agreement in question without further authorization from OOG.
1.26 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.
1.27 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. COG may also, where extenuating circumstances
warrant, extend the implementation date of the project past the 90-day period.
1.28 Project Close Out
COG 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 COG.
The grantee must promptly refund any balances of unobligated cash that COG 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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Grantee Standard Conditions and Responsibilities Office of the Governor
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 IP7� ��: y� �.piiu� u �^ i;��+�� ��+� � „ �„u �uuu� ��� (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 subjectto Department of Justice(DOJ)Office ofJustice(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, orregulations.
1.30 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.
1.31 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.
2 Organizational Eligibility
2.1 Good Standing for Eligible 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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Grantee Standard Conditions and Responsibilities Office of the Governor
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 to COG.
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), :..m./. .y: . ..m."....:gy.If:P:a....i:.^:',", which is inclusive
Administration's System for Award Management SAM 117���.
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
Grantee Standard Conditions and Responsibilities Office of the Governor
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 History 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 COG 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 2A.060, Code of
Criminal Procedure.
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Grantee Standard Conditions and Responsibilities Office of the Governor
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 Trade 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 COG 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 Hurricane Contract Violations
Texas law prohibits COG 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-
Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG must obtain and have on file a blanket fidelity
bond that indemnifies COG against the loss or theft of the entire amount of grant funds, including
matching funds.The fidelity bond should cover at least the COG 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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Grantee Standard Conditions and Responsibilities Office of the Governor
2.22 Special Requirements for Facilities mr Entities that Collect Sexual Assault/Sex Offense Evidence mr
/ovestigmtes/Prmsecutes Sexual Assault mr 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 COG grant funds.
2.23 Special Requirements for County Sexual Assault Response Teams and County Commissioners'
[mm'ts
Texas Government Code, Chapter 351, Subchapter J, requires counties in Texas to establish a sexual
assault response team.The commissioners court of each county that receives a county adult sexual
assault response team's biennial report during the preceding year must submit the response team's
report to the Sexual Assault Survivors'Task Force not later than February I of each even-numbered
year. Failure to comply with this requirement and the biennial response team reporting requirement
may be used to determine ongoing eligibility for receiving COG grant funds.
2.24 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 prohibition, restriction, or other regulation that does not exist
under the laws of the State ofTexas.
2.25 Enforcement uf Public Camping Bans
Local Government Code, Section 364.004, prohibits municipalities orcounties, as defined in Section
364.001 of the Local 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 Local
Government Code,that prohibits or discourages the entity from the enforcement of any public
camping ban.The Comptroller of Public Accounts has adopted rules at Title 34, Part1, Rule §20.600
applicable to implementation of Local Government Code, Section 364.004 requiring that in the event
that a local entity receiving state grant funds is sued by the Attorney General under Local Government
Code, Section 364.003 or such a case reaches a final judicial determination,the local entity must
immediately disclose the lawsuit or judicial determination to all state agencies that oversee programs
from which the entity currently receives state grant funds.
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Grantee Standard Conditions and Responsibilities Office of the Governor
2.26 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 ofTexas.
2.27 Prohibition mo0ut-uf-ScmpeActivities
Grant funds, including any associated cash or in-kind match, may not be used for the following out-of-
scope activities:
1. Promoting or facilitating the violation offederal immigration law(e.g,training community
members to evade immigration enforcement authoritieo).
2. Inculcating orpromoting gender ideology ao defined in Executive Order 14168, De,&L�dj2g
Goi,,ernrnent.
3. Promoting or facilitating discriminatory programs or ideology, including illegal DE| and
"diversity, equity, inclusion, and acceooibi|ity" programs that do not advance the policy of
equal dignity and respect, as described in Executive Order 14173
and in Executive Order GA SS,
. This
prohibition is not intended to interfere with any federal or state statutory obligations,such
as funding for Historically Black Colleges and Universities (HBCUo), culturally specific
services, and disability programs;
4. Activities that frame domestic violence, sexual assault, or other violent crimes as systemic
social justice issues rather than criminal offenses (e.g, prioritizing criminal justice reform
or social justice theories over victim safety and offender accountability);
S. Generic community engagement or economic development without a clear linkto violence
prevention, victim oafety, or offender accountability;
6. Programs that discourage collaboration with law enforcement or oppose or limit the role
of police, prosecutors, or immigration enforcement in addressing violence against women
and/or other aspects of public safety;
7. Awareness campaigns or media that do not lead to tangible improvements in prevention,
victim oafety, or offender accountability;
8. Initiatives that prioritize illegal aliens over U.S. citizens and legal residents in receiving
program services and support;
9. Excessive funding for consulting fees,training, administrative costs, or other expenses not
related to measurable violence prevention,victim support, and offender accountability.
10. Research projects; or
11. Any activity or program that unlawfully violates a state and/or federal Executive Order.
Failure to comply with this condition may result in COG, in its sole discretion, terminating any
grant made by COG to Grantee, and that Grantee must return all funds received from COG for
any grant terminated under this certification.
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Grantee Standard Conditions and Responsibilities Office of the Governor
3 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.
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 patientrecords;
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 or funding announcement under which application for grant funds is being made,
including but not limited to:
i. 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))
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Grantee Standard Conditions and Responsibilities Office of the Governor
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
117�VVp:�:.m.„�„�^�IIII"�!'n.^�'��IlnuuU.�lluuui;�Pll:`'��Il.�ll�,u�^„�..11��i�„ mll�':`.'���u��u�^ �„��,u+�ulllf�",u��„117�V ,III"�„�diiiuuu�^p::m����uuV: 117�Vum����.'�:.•
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
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 COG 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
3.2 Limited English 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, entails taking
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 Employment 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„II II `II' p. p..„p..p..:q r �c ll. 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 117VV g�tziimll���iiuu „
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.
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Grantee Standard Conditions and Responsibilities Office of the Governor
4 Personnel
4.1 Overtime
Overtime is allowable to the extent that it is included in the COG-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
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.
5 Travel
5.1 Travel 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.
6 Contracts and Procurement
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 COG 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
Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG. It is within COG's sole discretion to approve any subcontracting. In the
event COG 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
Agreement and that OOG 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 Awards
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 Equipment 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 COG,the grantee must make proper disposition of the equipment pursuant
to 2 CFR 200 or TxGMS, as applicable.
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Grantee Standard Conditions and Responsibilities Office of the Governor
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
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 procedures include:
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 COG 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
Grantee Standard Conditions and Responsibilities Office of the Governor
participating local, state, and federal agencies. DPS Crime Records Division will provide written
certification of your jurisdiction's participation upon request. Grantees must provide COG with a copy
of the certification received from DPS Crime Records Division.
Information
8.1 Accessibility Requirements
If applicable, the grantee will comply with the State of Texas Accessibility requirements for Electronic
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" (117�u���;p�:u: ,� ,� , i i.u,„m„ a ^„ III ^ i„„ +J. 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
.mh.hy y.", "....P..^....IL.II.i`...........'n.^'.'
8.2 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.
8.3 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.
8.4 Cybersecurity 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.
Grantee Standard Conditions and Responsibilities Office of the Governor
Indirect
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.
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 Mini is 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 COG 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.
10 Audit and Records Requirements
10.1 Grantee Subject to Audits
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.
10.2 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 COG.The grantee's chief executive officer
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Grantee Standard Conditions and Responsibilities Office of the Governor
or chief financial officer shall make the certification within 60 days of the end of the grantee's fiscal
year.
10.3 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
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 COG 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 OOG 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. COG 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 COG,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
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Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG a copy of its most recent independent financial audit.
If requested, the grantee shall submit to COG 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. COG may make unannounced monitoring visits at any time but will, whenever practical as
determined at the sole discretion of COG, provide the grantee with up to five (5) business days
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 COG 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 COG, including COG asking for more information regarding project performance
or funds expenditures. In the event COG requires additional information regarding the information
or data submitted, the grantee will promptly provide the additional information.The grantee also
agrees to assist COG 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
COG, the grantee must submit to COG any additional documentation or explanation COG may
desire to support or document the requested payment or report submitted under this Grant
Agreement.
I. If after a written request by COG or a relevant federal agency,the grantee fails to provide required
reports, information,documentation,or other information within reasonable deadlines set by COG
or the relevant federal agency, as required by this Grant Agreement, or fails to fulfil any
requirement in this section, then COG 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
authority to 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.
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Grantee Standard Conditions and Responsibilities Office of the Governor
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 COG 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 COG.
COG, 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
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 COG 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 COG 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 OOG 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
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Grantee Standard Conditions and Responsibilities Office of the Governor
training completion for the time period specified in this Section.
4. COG or the Federal Funding Agency may direct a grantee to retain documents for longer
periods of time or to transfer certain records to COG or federal custody when COG or the
Federal Funding Agency determines that the records possess long term retention value.
5. The grantee must give the Federal Funding Agency, the Comptroller General of the United
States,the Texas State Auditor's Office,COG,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 aremaintained.
The grantee must include the substance of this Section in all subcontracts.
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 COG's access to such
records and other information under any provision of this Grant Agreement.
11 Prohibited and Regulated Activities and Expenditures
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
;;; e 34 1 3
Grantee Standard Conditions and Responsibilities Office of the Governor
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
the express prior approval of OOG 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,
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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Grantee Standard Conditions and Responsibilities Office of the Governor
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, andsouvenirs.
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 COG.
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 117�V Vµ�:: �y� � �,u:p '„u : '!'n":,,� Il a1111 p p" a 117� �Q,a g �� Ztiicus"":::.
12 Financial Requirements
12.1 Financial Status Reports
Financial Status Reports must be submitted to COG 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 COG 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 COG approval of the report, COG will issue a payment through direct
deposit or electronic transfer.
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Grantee Standard Conditions and Responsibilities Office of the Governor
12.2 Approval of Financial Status Report
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 COG 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 COG to make prompt payment on the
approval of a properly prepared and submitted Financial Status Report and any other required
documentation.
12.3 Reimbursements
OOG 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. COG 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 COG;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.
12.5 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 COG'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.
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Grantee Standard Conditions and Responsibilities Office of the Governor
12.6 Refunds and Deductions
If COG 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 COG the amount identified by COG as an
overpayment. The grantee shall refund any overpayment to COG within thirty (30) calendar days of the
receipt of the notice of the overpayment from COG unless an alternate payment plan is specified by
COG.
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 COG.
12.8 Duplication of Funding
If grantees receive any funding that is duplicative of funding received under this grant,they will notify
COG as soon as possible. COG 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 COG.
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
1171V�°.�„Nro tl1''�PII Nllllu ro.�i�otl1hp utl V gyro ritl"1�N IIN„Ntl� q�tl; ro N�roll^��I'.
13 Required Reports
13.1 Measuring, Reporting, 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 COG. 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 COG, the grantee shall report on the progress towards completion of the grant project
and other relevant information as determined by COG.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
Grantee Standard Conditions and Responsibilities Office of the Governor
against approved goals, and that their activities and services effectively address and achieve the
project's stated purpose.
13.2 Report Formats,Submissions, and Timelines
The grantee shall provide to COG all applicable reports in a format and method specified by COG.The
grantee shall ensure that it submits each report or document required by COG in an accurate,
complete, and timely manner to COG or the Federal sponsoring agency, as specified by this Grant
Agreement or COG, and will maintain appropriate backup documentation to support the reports.
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 COG, 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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ATTACHMENT B
__.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 Texas Grant Management Standards (TxGMS)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: 2848911 Award Amount: $4,519,976.00
Date Awarded: 10/31/2025 Grantee Cash Match: $0.00
Grant Period: 09/01/2025 -08/31/2026 Grantee In Kind Match: $0.00
Liquidation Date: 11/29/2026 Grantee GPI: $0.00
Program Fund: TG-Texas Anti-Gang(TAG)Program Total Project Cost: $4,519,976.00
Grantee Name: North Richland Hills,City of
Project Title: North Texas Anti-Gang Center
Grant Manager: Darryl Sanders
Unique Entity Identifier(UEI): G3D6UCVKR963
CFDA: N/A
Federal Awarding N/A- State Funds
Agency:
Federal Award Date: N/A- State Funds
Federal/State Award 2026-TG-ST-0019
ID Number:
Total Federal
Award/State Funds $34,500,000.00
Appropriated:
Pass Thru Entity Texas Office of the Governor—Homeland Security Grants Division(HSGD)
Name:
Is the Award R&D: No
Federal/State Award The purpose of the TAG Program is to support strategic partnerships and targeted,regional,
Description: multidisciplinary approaches to successfully combat gang violence through the coordination of
gang prevention,intervention,and suppression activities. (NOTE: This funds source was also
known as AG when administered by CJD.)
ATTACHMENT C
Agency Name:North Richland Hills,City of
Grant/App:2848911 Start Date:9/1/2025 End Date:8/31/2026
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:2/3/2025 10:23:58 AM By:Michael Shelley
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: 9/1/2025
End Date: 8/31/2026
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:
And erson,Ang el i na,Archer,Baylor,Bowie,Brown,Camp,Carson,Cass,Cherokee,Clay,Coke,Coleman,Collin,Comanche,Concho,Cooke,Dallas,Delta,Denton,Eastland,EIlis,Era
Grant Officials:
Authorized Official
Name:Jeff Garner
Email:jgarner@nrhtx.com
Address 1:4301 City Point
Address 1:
City: North Richland Hills,Texas 76180
Phone: 817-427-4006 Other Phone: 817-427-7008
Fax:
Title: Mr.
Salutation: Chief
Position: Chief of Police
Financial Official
Name: Rachel Clements
Email: rlements@nrhtx.com
Address 1: PO Box 820609
Address 1:ATTN: Finance
City: North Richland Hills,Texas 76182
Phone: 817-427-6155 Other Phone:
Fax: 817-427-6151
Title: Ms.
Salutation: Ms.
Position: Finance Grant Specialist
Project Director
Name: Michael Shelley
Email:mshelley@nrhtx.com
Address 1:4301 City Point Drive
Address 1:
City: North Richland Hills,Texas 76182
Phone: 817-427-7003 Other Phone:
Fax:
Title: Mr.
Salutation: Captain
Position: Captain
Grant Writer
Name:Scott McRory
Email:scott.mcrory@texomahidta.org
Address 1:6303 Commerce Drive,Suite 100
Address 1:
City: Irving,Texas 75063
Phone: 972-915-9504 Other Phone: 214-724-3458
Fax:
Title: Mr.
Salutation: Mc
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.
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:
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.
Cybersecurity Training Requirement
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. Government entities must annually certify their compliance with the training requirements using the
Cybersecurity Training Certification for State and Local Governments.A copy of the Training Certification must
be uploaded to your eGrants application. For more information or to access available training programs,visit
the Texas Department of Information Resources Statewide Cybersecurity Awareness Training,page.
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(DIPS)as directed in the Texas Code of Cnmina/Procedure, Chapter 66.The
disposition completeness percentage is defined as the percentage of arrest charges a county reports to DIPS for
which a disposition has been subsequently reported and entered into the computerized criminal history
system.
Counties applying for grant awards from the Office of the Governor must commit that the county will report at
least 90%of convictions within five business days to the Criminal Justice Information System at the
Department of Public Safety.
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(DIPS)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 DIPS for the most recent calendar year by the
deadline(s)established by DIPS. 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 DIPS related to the data submitted.
Entities That Collect Sexual Assault/Sex Offense Evidence or Investigate/Prosecute Sexual Assault
or Other Sex Offenses
In accordance with Texas Government Code,Section 420.034,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,must participate in the statewide electronic tracking system developed and
implemented by the Texas Department of Public Safety.Visit DPS's Sexual Assault Evidence Tracking Program
website for more information or to set up an account to begin participating.Additionally, per Section 420.042
"A law enforcement agency that receives evidence of a sexual assault or other sex offense...shall submit that
evidence to a public accredited crime laboratory for analysis no later than the 30th day after the date on which
that evidence was received."A law enforcement agency in possession of a significant number of Sexual Assault
Evidence Kits(SAEK)where the 30-day window has passed may be considered noncompliant.
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.
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 CEO/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 31,2026 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). It
was established to support strategic law enforcement partnership within the North Texas region to combat gang violence and organized crime associated with these
criminal enterprises.The multi-disciplinary approach of the TAG concentrates efforts through the coordination of prevention, intervention,and suppression of
criminal street gang and security threat group activities.The combined law enforcement resources and strategies are designed to effectively decrease the threat
created by gang activities.The mission is to disrupt and dismantle the command and control of these criminal organizations,which affect public safety in our
communities.The objective remains to build and expand the TAG partnership with the 20 participating agencies and effectively leverage valuable resources such as
intelligence, personnel,and equipment. In addition,the TAG explores opportunities to partner with local agencies for gang prevention measures addressing the
growing problem,as well as participate in intervention measures to stem the activities of current gang members.The TAG building fosters an environment that
bolsters open communication,deconfliction,and intelligence sharing between multi agency law enforcement operations. Furthermore,the TAG facilitates law
enforcement training sessions,conferences,and monthly area intelligence meetings.The TAG implemented the StopNorthTexasGangs.org website,which allows the
public to submit anonymous tips on wanted gang fugitives and tips on gang activities in our Area of Responsibility(AOR).The TAG includes Region 1 for the Texas
Department of Public Safety(DPS),which is located within the northeast portion of Texas. Region 1 contains five Metropolitan Statistical Areas,including Dallas-Fort
Worth-Arlington,and Sherman-Denison. [NOTE: Region 1 covers s2 counties.]With an estimated 9.6 million residents covering approximately 8,676 square miles,
Region 1 is home to approximately 23,000 assessed gang members.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 Dallas County
District Attorney's Office(DCDAO) has assigned a full-time Border Prosecution Unit attorney at the TAG.Through these partnerships, 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,Irving PD,Forney PD,
Richardson PD, Decatur PD, Bridgeport PD, Hickory Creek PD, Lancaster PD,Fannin County SO,Grayson County SO, Kaufman County SO, Lewisville PD,Garland PD,
Parker County Sheriff's Office(SO),Collin County SO,Denton County SO,Wise County SO, Hood County SO,Johnson County SO,Cooke County SO,Texas DPS
Criminal Investigation Division, Kaufman County Constables Office(Precinct 2),Texas Alcohol and Beverage Commission,Texas Juvenile Justice Department,Texas
Department of Corrections-OIG, Federal Bureau of Investigation, Bureau of Alcohol,Tobacco, Firearms and Explosives, Homeland Security Investigations,ICE
Enforcement Removal Operations, Drug Enforcement Administration, Balch Springs City Marshal's Office, DCDAO,and the Kaufman County District Attorney's Office.
The TAG has established an on-going partnership with the Oklahoma Bureau of Narcotics to facilitate seamless intelligence sharing as it relates to offenses
associated with interstate nexus.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.
Several factors affect the propensity of gang and organized criminal activity in the DFW metroplex.These include the presence of several major interstate corridors
as well as being home to four of the largest counties in Texas(Dallas,Tarrant,Collin, Denton),with over 8 million residents as of 2023. Current demographics
demonstrate a 15%-24% increase in population in outlying counties in the metroplex,to include Parker,Wise, Hunt, Rockwall, Kaufman, Ellis,and Johnson Counties.
These counties generate over one million additional residents in the metroplex.The rapid population growth across these counties continues to be a contributing
factor.The metroplex is a primary hub for gangs and organizations engaged in serious and violent criminal activities, including but not limited to human,drug and
gun trafficking,assaults,and homicides.The presence of transnational gangs such as MS-13,Tren de Aragua (TdA),and 18th Street have increased their footprint
across North Texas.As a result,the area has experienced an increase in violence related to such groups relocating to the DFW area.TdA,a Venezuelan criminal
organization, has expanded their presence in Central and South America. Reporting estimates between 2,500 to 7,000 TdA members,with networks progressively
expanding operations throughout Latin America,the U.S. and Canada. Law enforcement intelligence reported their presence in Florida,Nevada,Texas,Illinois,and
New York. Canada issued a TdA threat assessment stating that"members have made their way to Canada and are operating in multiple Canadian provinces. Most
known members are operating in areas where there is a high Venezuelan diaspora.The suspected members have been known to exploit the Canada/US border by
crossing between the two countries undetected."These reports suggests members are involved in human smuggling and drug trafficking and exploits migratory
movements destined for the U.S. Law enforcement seeks to identify the extent of their criminal activity and presence in the U.S. Previously established behavior in
South America indicates an ability to assimilate with other criminal actors and local gangs in new regions suggesting the possibility to recruit and/or align with other
U.S. based gangs,transnational gangs,and transnational criminal organizations so facilitate expansion and role in illicit activities.Texas DPS(U//LES) reports they
are a traditionally violent transnational gang with thousands of members and their presence in Texas poses a potential public safety threat.There is limited
reporting on the extent of their presence and criminal operations in the state. North Texas law enforcement partners have developed areas of interest as it relates to
TdA and investigations continue to identify and confirm associates of the organization. Federal agencies along the Texas-Mexico border documented encounters
where individuals are identified by tattoos commonly associated with TdA membership; however, new intelligence suggests leadership is directing a more discreet
posture limiting outward identifiers. Members indicated intended destinations in New York; Florida; Houston,Texas; Dallas,Texas;and Austin,Texas. 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 of a surge of opportunistic violent robberies and shootings. Individuals are typically in their late teens to early twenties.Their youth and ever-evolving
nature have spawned hundreds of active cliques. Previous reports indicated Tango Blast maintains 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 Bandidos Outlaw Motorcycle Gang, MS-13,Surenos,various sets of Crips&Bloods,and Aryan Circle. Others include the Texas Syndicate, 18th Street and
Gangster Disciples.The largest and most active street gangs in Region 1 include Crips(all sets),Surenos(all sets), Bloods(all sets),and Latin Kings.The largest
and most active prison gangs are the metroplex 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, Nortenos, 18th Street, MS-13 and Texas Syndicate. In summation, North Texas law enforcement agencies bear the responsibility to investigate and
prosecute related criminal activities and organizations. Enhanced cooperation and participation among these agencies further their ability to fulfill the mission,to
protect public safety,as gangs remain a significant threat to the commerce and residents of Texas.
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.
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, Plano PD, Denton PD, Forney PD,Dallas County District Attorney's(DA)Office,Tarrant County DA's Office,Tarrant County SO,
Kaufman County DA's Office, Ellis County SO,and Texas Alcohol and Beverage Control.The Texas Juvenile Justice Department has been added our first non-
constituent, non-voting agency. Current capabilities include individual agencies'IT network systems, law enforcement and intelligence support personnel and
equipment,state and federal prosecutors,fiscal operational support,electronic surveillance equipment and numerous software platform capabilities.
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 targeting gangs and other criminal organizations operating in or affecting the region.This is
achieved in part 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 evaluated.There are three federal agencies,and one state agency seated in the TAG. While there are several task force
officers associated with the federal agencies there remains a gap in local street level intelligence. Gangs are primarily a local law enforcement issue.There are
international gangs operating within the state; however,most of the gang activity occurs at the local level affecting these communities.This TAG is unique among all
other TAG's due to the size of area of responsibility.As stated earlier,the DFW metroplex's combined population was approximately 8.1 million individuals and
covered approximately 8,676 square miles,which forms the largest combined population region in the state.Additionally,there are approximately 200 law
enforcement agencies in this area. Most 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.The geographic footprint of the DFW metroplex does not lend itself to a"one-size
fits all"TAG.Although gangs are operating throughout the DFW metroplex,the gang problem is unique to its own geographic boundaries and is not the same
throughout the area. Kaufman County,Texas is the fastest growing county in the U.S. Due to their population growth,there has been an increase in population,
schools, businesses,and,unfortunately,crime. With the support of the TAG,and subsequently joining as a member,a Kaufman County Street Crimes Unit was
established.The TAG has supported this effort by funding four positions,flock cameras throughout the county,associated equipment,and training. Since the
establishment,enforcement activity has increased resulting in combating their gang related activities.
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 deconfliction of investigations by centralizing
planned events and helps prevent the compromising 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. Multiple
agencies working together ensures the coordination of efforts to focus on gang activities that threaten the safety of our neighborhoods.The TAG project provides
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,
number of gangs targeted/investigated, number of weapons seized,drug and currency seizures, number of participating agencies,number of multi-agency
operations, number of gangs disrupted,and number of TAG-hosted training sessions.The baseline information for the 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 North Texas TAG area of responsibility.
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 to work to develop several"smart policing"strategies that focus on offender based and/or location-based intelligence gathering and enforcement
methodologies.TAG agencies develop intelligence associated with gang violence and shootings by coordinating intelligence developed through crime gun analysis
throughout the greater North Texas/DFW areas and statewide.Additionally,the TAG strategically targets violent gang offenders engaged in serial shooting activity
utilizing this intelligence.This is a developing approach to aid TAG partner agencies in current investigations and initiate new investigations across the area. In
addition,the usage of the"Stop North Texas Gangs"website will enhance and expand upon established intelligence sharing capabilities as it pertains to law
enforcement's efforts against violent gangs and violent crime.This application is evolving to include tip-line capabilities as well as law enforcement agency access.
Efforts to develop additional capabilities are ongoing.
Project Activities Information
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 Project Activities:
ACTIVITY PERCENTAGE: DESCRIPTION
Agencies housed within the North Texas TAG have a primary focus on the investigation of criminal street gangs and
Gangs- 100.00 organizations operating in and around the greater North Texas area that are responsible for violent crime within that region.
Multijurisdictional 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 Information
Objective Output Measures
OUTPUT MEASURE TARGET
LEVEL
Number of gang members arrested for felony offenses. 615
Number of gang members arrested for misdemeanor offenses. 185
Number of gangs targeted. 100
Number of participating agencies. 90
Number of weapons seized by officers supporting the TAG 415
initiative.
Objective Outcome Measures
OUTCOME MEASURE TARGET LEVEL
Dollar value of cash forfeitures donated to the project. 0
Number of convictions. 95
Custom Output Measures
CUSTOM OUTPUT MEASURE TARGET LEVEL
Custom Outcome Measures
CUSTOM OUTCOME MEASURE TARGET 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
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 is in 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$100,000, have any federally appropriated funds
been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any
agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with the awarding of any federal contract,the making of any federal grant,the making of any
federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,
amendment,or modification of any federal contract,grant loan,or cooperative agreement?
Select the appropriate response:
_Yes
X No
_N/A
For applicant agencies that selected either No or N/A above,have any non-federal funds been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency,a member
of Congress,an officer or employee of Congress in connection with this federal contract, loan,or cooperative
ag reement?
Select the appropriate response:
_Yes
X No
_N/A
Fiscal Year
Provide the begin and end date for the applicant agency's fiscal year(e.g.,09/01/20xx to 08/31/20xx).
Enter the Begin Date[mm/dd/yyyy]:
10/1/2025
Enter the End Date[mm/dd/yyyy]:
9/30/2026
Sources of Financial Support
Each applicant must provide the amount of grant funds expended during the most recently completed fiscal
year for the following sources:
Enter the amount(in Whole Dollars$)of Federal Grant Funds expended:
6789209
Enter the amount(in Whole Dollars$)of State Grant Funds expended:
6048951
Single Audit
Applicants who expend less than$1,000,000 in federal grant funding or less than$1,000,000 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$1,000,000 or more,or state grant funding of
$1,000,000 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:
4/15/2024
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.
Source of(Match:Ifirnfoirirmnatiioirn
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 MATCH IN-KIND MATCH GPI TOTAL
Contractual and Professional Services $3,011,545.50 $0.00 $0.00 $0.00 $3,011,545.50
Equipment $510,933.41 $0.00 $0.00 $0.00 $510,933.41
Indirect Costs $152,775.60 $0.00 $0.00 $0.00 $152,775.60
Personnel $60,881.04 $0.00 $0.00 $0.00 $60,881.04
Supplies and Direct Operating Expenses $739,038.00 $0.00 $0.00 $0.00 $739,038.00
Travel and Training $44,802.45 $0.00 $0.00 $0.00 $44,802.45
Budget Grand Total Information:
� OOG CASH MATCH IN-KIND MATCH GPI TOTAL
$45 ,976.00 $0.00 $0.00 $0.00 $4,519,976.00
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2026-1435630
Flock Group Inc.
Atlanta, GA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/19/2026
being filed.
Arlington Police Department Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
00049977/00049996 May 13, 2026 Council-File ID 7503
Audio Detection and License Plate Reader System Subscription to be transferred to Arlington
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Feury, Matt Atlanta, GA United States X
Ulevitch, David New York, NY United States X
Herendeen, Julie San Francisco, CA United States X
Ceran, Jennifer San Francisco, CA United States X
Langley, Garrett Atlanta, GA United States X
Sukhar, Ilya San Francisco, CA United States X
Clayton,Alex San Francisco, CA United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is AlySSa Bolick and my date of birth is
My address is 4724 Magnetite Lp Mount Dora FL 32757 USA
(city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Orange County, State of Florida on the 19 day of March 20 26
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.b6ef2aab