HomeMy WebLinkAboutContract 58429 CSC# 58429
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 tenns, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments,
divisions, governmental entities,public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the 'Narrative' and`Budget/Details'
tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not
limited to: 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards; Chapter 783 of the Texas Government Code, Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas
Administrative Code,and the Uniform Grant Management Standards (UGMS)developed by the Comptroller of Public
Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal
funding,the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents
referenced in the documents listed above. For grants awarded from the U.S. Department of Justice,the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For
grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements,with or without advance notice to the Grantee.
By clicking on the'Accept'button within the'Accept Award' tab, the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated
herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any, cited
below:
Grant Number: 3059705 Award Amount: $157,406.00
Date Awarded: 11/4/2022 Grantee Cash $0.00
Match:
Grant Period: 10/01/2022-09/30/2023 Grantee In Kind $0.00
Match:
Liquidation Date: 12/29/2023 Grantee GPI: $0.00
Program Fund: VC-Coronavirus State Fiscal Recovery Fund(Victims of Total Project Cost: $157,406.00
Crime- SB 8)
Grantee Name: Fort Worth,City of
Project Title: Victim Assistance Program
Grant Manager: Pinali Patel
Unique Entity Identifier U79EKD6DXHC6
(UEI):
CFDA: 21.027-Coronavirus State Fiscal Recovery Fund(Victims of Crime-SB 8)
Federal Awarding U.S. Department of Treasury
Agency: OFFICIAL RECORD
Federal Award 8/6/2021
Date:
Federal/State CITY SECRETARY
Award ID 2021-CS-21027
Number: FT. WORTH, TX
Total Federal
Award/State Funds $16,507,447,524.00
Appropriated:
Pass Thru Entity Texas Office of the Governor—Criminal Justice Division (CJD)
Name:
Is the Award No
R&D:
Federal/State Through the Coronavirus State Fiscal Recovery Fund the US Treasury makes payments to States,
Award territories,or Tribal governments to mitigate the fiscal effects stemming from the public health
Description: emergency with respect to the Coronavirus Disease(COVID-19).
Office of the Governor
Public Safety Office
Criminal Justice Division &
Homeland Security Grants Division
Grantee Standard Conditions and Responsibilities
September 2022
Grantee Standard Conditions and Responsibilities Office of the Governor
About This Document
In this document, grantees (also referred to as subrecipients) will find state and federal requirements
and conditions applicable to grant funds administered by the Office of the Governor (OOG). These
requirements and conditions are incorporated into the Grant Agreement accepted by a grant's
Authorized Official.
These requirements are in addition to those that can be found on the eGrants system—including the
Grant Application and Grant Award—or in documents identified there,to which grantees agreed when
applying for and accepting the grant. Other state and federal requirements and conditions may apply
to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code;
Title 34, Part 1,Chapter 20,Subchapter E, Division 4 of the Texas Administrative Code;the Texas Grant
Management Standards (TxGMS) published by the Comptroller of Public Accounts; the state Funding
Announcement or Solicitation under which the grant application was made; for federal funding, the
Funding Announcement or Solicitation under which OOG was awarded funds; and any applicable
documents referenced in the documents listed above. For grants awarded from the U.S. Department
of Justice(DOJ),the current applicable version of the Department of Justice Grants Financial Guide and
any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency
Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants
Program Directorate apply.OOG reserves the right to add additional responsibilities and requirements,
with or without advance notice to the grantee.
It is important for grantees to review all of these policies to successfully manage their grant, maintain
eligibility for funding, and avoid violating the terms of the Grant Agreement, any of which could result
in the revocation of funding or other actions.
For clarification or further information, please see the Guide to Grants and other support materials at
https:HeGrants.eov.texas.eov 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@eov.texas.sov,
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
Table of Contents
AboutThis Document......................................................................................................................................................1
1 Grant Agreement Requirements and Conditions.................................................................................................5
1.1 Applicability of Grant Agreement and Provisions....................................................................................5
1.2 Legal Authority to Apply................................................................................................................................5
1.3 Amendments and Changes to the Grant Agreement................................................................................5
1.4 General Responsibility....................................................................................................................................6
1.5 Terms and Conditions......................................................................................................................................6
1.6 Special Conditions............................................................................................................................................6
1.7 Public Information.............................................................................................................................................6
1.8 Remedies for Non-Compliance......................................................................................................................7
1.9 False Statements by Grantee........................................................................................................................8
1.10 Conflict of Interest Safeguards......................................................................................................................8
1.11 Fraud,Waste, and Abuse..............................................................................................................................9
1.12 Dispute Resolution.......................................................................................................................................... 10
1.13 Funds Limited by Agreement and Subject to Availability..................................................................... 1 1
MATermination of the Agreement.................................................................................................................... 11
1.15 Communication with Grantee...................................................................................................................... 12
1.16 Limitation of Liability.................................................................................................................................... 12
1.17 Liability for Taxes......................................................................................................................................... 12
1.18 Force Majeure................................................................................................................................................ 13
1.19 Debt to State.................................................................................................................................................. 13
1.20 Grantee an Independent Contractor......................................................................................................... 13
1.21 No Assignment of Rights or Obligations................................................................................................... 13
1.22 Funds Are for Sole Benefit of Grantee..................................................................................................... 14
1.23 Permission for Use of OOG Name and Labeling................................................................................... 14
1.24 Acknowledgement of Funding and Disclaimer......................................................................................... 14
1.25 Royalty-Free License..................................................................................................................................... 14
1.26 Project Period................................................................................................................................................. 15
1.27 Project Commencement................................................................................................................................ 15
1.28 Project Close Out........................................................................................................................................... 15
1.29 Federal Program Laws, Rules, and Guidelines........................................................................................ 15
1.30 Applicability of Part 200 Uniform Requirements for Federally Funded Awards............................ 16
1.31 Required State Assurances.......................................................................................................................... 16
2 Organizational Eligibility...................................................................................................................................... 16
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Grantee Standard Conditions and Responsibilities Office of the Governor
2.1 Good Standing for Eligible Grantees....................................................................................................... 16
2.2 System for Award Management (SAM) Requirements.......................................................................... 17
2.3 Criminal History Reporting.......................................................................................................................... 18
2.A Uniform Crime Reporting............................................................................................................................. 18
2.5 Immigration Related Matters...................................................................................................................... 18
2.6 E-Verify........................................................................................................................................................... 19
2.7 Deceptive Trade Practices Violations........................................................................................................ 19
2.8 Hurricane Contract Violations..................................................................................................................... 19
2.9 Terminated Contracts.................................................................................................................................... 19
2.10 Special Requirements for Units of Local Government............................................................................20
2.11 Special Requirements for Non-Profit Grantees.......................................................................................20
2.12 Special Requirements for Facilities or Entities that Collect Sexual Assault/Sex Offense Evidence
or Investigates/Prosecutes Sexual Assault or other Sex Offenses....................................................................21
2.13 Firearm Suppressor Regulation..................................................................................................................21
2.1 A Enforcement of Public Camping Bans........................................................................................................21
2.15 Prohibition on Agreements with Certain Foreign-Owned Companies in Connection with Critical
Iof rastructu re................................................................................................................................................................ 21
3 Civil Rights................................................................................................................................................................ 21
3.1 Compliance with Civil Rights and Nondiscrimination Requirements.....................................................22
3.2 Limited English Proficiency...........................................................................................................................23
3.3 Equal Employment Opportunity Plan........................................................................................................23
APersonnel.................................................................................................................................................................. 23
A.1 Overtime.........................................................................................................................................................2A
A.2 Notification of Grant-Contingent Employees...........................................................................................2A
5 Travel........................................................................................................................................................................ 2A
5.1 Travel Policies................................................................................................................................................2A
6 Contracts and Procurement...................................................................................................................................2A
6.1 Procurement Practices and Policies............................................................................................................2A
6.2 Subcontracting...............................................................................................................................................25
6.3 Buy Texas........................................................................................................................................................25
6.A Contract Provisions Under Federal Awards.............................................................................................25
7 Equipment Requirements.......................................................................................................................................25
7.1 Property Management and Inventory.......................................................................................................25
7.2 Maintenance and Repair.............................................................................................................................26
7.3 Automated License Plate Readers.............................................................................................................26
8 Information Technology.........................................................................................................................................27
8.1 Accessibility Requirements...........................................................................................................................27
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Grantee Standard Conditions and Responsibilities Office of the Governor
8.2 Criminal Intelligence System Operating Procedures..............................................................................27
8.3 Blocking Pornographic Material.................................................................................................................27
8.4 Cybersecurity Training.................................................................................................................................27
9 Indirect Costs...........................................................................................................................................................28
9.1 Approved Indirect Cost Rate......................................................................................................................28
9.2 De Minimis Rate.............................................................................................................................................28
10 Audit and Records Requirements....................................................................................................................28
10.1 Grantee Subject to Audits...........................................................................................................................28
10.2 Single Audit Requirements...........................................................................................................................28
10.3 Cooperation with Monitoring,Audits, and Records Requirements.......................................................29
10.4 Requirement to Address Audit Findings....................................................................................................31
10.5 Records Retention..........................................................................................................................................31
11 Prohibited and Regulated Activities and Expenditures..............................................................................32
11.1 Inherently Religious Activities......................................................................................................................32
11.2 Political Activities...........................................................................................................................................32
11.3 Generally Prohibited Expenditures...........................................................................................................33
11.4 Acorn................................................................................................................................................................ 34
11.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment..........34
12 Financial Requirements......................................................................................................................................34
12.1 Financial Status Reports...............................................................................................................................34
12.2 Approval of Financial Status Report.........................................................................................................35
12.3 Reimbursements..............................................................................................................................................35
12.4 Generally Accepted Accounting Principles..............................................................................................35
12.5 Program Income.............................................................................................................................................35
12.6 Refunds and Deductions...............................................................................................................................36
12.7 Liquidation Period.........................................................................................................................................36
12.8 Duplication of Funding..................................................................................................................................36
12.9 Supplanting.................................................................................................................................................... 36
13 Required Reports...............................................................................................................................................36
13.1 Measuring, Reporting,and Evaluating Performance.............................................................................36
13.2 Report Formats,Submissions, and Timelines.............................................................................................37
13.3 Failure to File Required Reports.................................................................................................................37
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Grantee Standard Conditions and Responsibilities Office of the Governor
1 Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is intended to be the full and complete expression of and constitutes the entire
agreement between the parties hereto with respect to the subject matter hereof and all prior and
contemporaneous understandings,agreements,promises, representations,terms and conditions,both
oral and written,are superseded and replaced by this Grant Agreement.
If any term or provision of this Grant Agreement is found to be invalid or unenforceable, such
construction shall not affect the legality or validity of any of its other provisions. The invalid term or
invalid provision shall be deemed severable and stricken from the Grant Agreement as if it had never
been incorporated herein, but all other provisions shall continue in full force and effect.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, maximum liability of OOG, cooperation and provision of additional
information, return of grant funds, audit rights, records retention, public information, disclaimers and
limitation of liability, indemnification, and any other provision implying survivability shall remain in
effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or
similar action has been or will be duly adopted or passed as an official act of the applicant's governing
body, authorizing the filing of the application, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official representative, or their
designee of the organization to act in connection with the application and to provide such additional
information as may be required. State agencies are not required to adopt a resolution.
1.3 Amendments and Changes to the Grant Agreement
OOG and the grantee may agree to make adjustments to the grant budget and detailed budget as
documented in eGrants. Adjustments include, but are not limited to, modifying the scope of the grant
project, adding funds to previously un-awarded cost items or categories, or changing funds in any
awarded cost items or category or changing grant officials. OOG, at its sole discretion, and upon written
notice by OOG to the grantee of any proposed adjustment,and after the grantee has had an opportunity
to respond to the proposed adjustment, may adjust the grantee's Budget, Grant Narrative, Special
Conditions, Period of Performance,and/or any other items as deemed appropriate by OOG,at any time,
during the term of this Grant Agreement.
The grantee has no right or entitlement to reimbursement with grant funds. OOG and grantee agree
that any act, action or representation by either Party,their agents or employees that purports to waive
or alter the terms of the Grant Agreement or increase the maximum liability of OOG is void unless a
written amendment to this Grant Agreement is first executed and documented in eGrants.The grantee
agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of OOG
in excess of the "Maximum Liability of the OOG" as set forth in the Statement of Grant Award (SOGA).
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in
eGrants to be binding upon the Parties.
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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 OOG administrative rules, policies
and procedures, and applicable federal and state laws and regulations.
Grant funds may be used only for the purposes in the grantee's approved application. The recipient
shall not undertake any work or activities that are not described in the grant application, and that use
staff, equipment, or other goods or services paid for with grant funds, without prior written approval
from OOG.
The grantee will maintain an appropriate financial management and grant administration system to
ensure that all terms, conditions and specifications of the grant are met.
1.5 Terms and Conditions
The grantee will comply with the terms and conditions as set forth and required in the funding
announcement under which the approved application was submitted, the application, and award in
eGrants. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, the
grantee remains responsible for complying with these terms and conditions. Corrective action plans,
financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with the
grant agreement.The failure of 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 OOG's right to demand
strict compliance in the future. No consent or waiver,express or implied,to or of any breach or default
in the performance of any obligation under this grant agreement shall constitute a consent or waiver
to or of any breach or default in the performance of the same or any other obligation of this grant
agreement.
To the extent the terms and conditions of this grant agreement do not address a particular
circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed
consistent with the general objectives, expectations and purposes of this grant agreement and in all
cases, according to its fair meaning. The parties acknowledge that each party and its counsel have
reviewed this grant agreement and that any rule of construction to the effect that any ambiguities are
to be resolved against the drafting party shall not be employed in the interpretation of this grant
agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a
manner as to accomplish the purpose of the grant agreement.
1.6 Special Conditions
Special Conditions may be imposed by COG, at its sole discretion and at any time, without amending
this Grant Agreement. Failure by OOG to provide notice does not absolve grantee of compliance with
any special conditions. OOG may place grantee on immediate financial hold, without further notice,
until all Special Conditions,if any, are met.
1.7 Public Information
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges
that the State of Texas,OOG,and this Grant Agreement are subject to the Texas Public Information Act,
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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 OOG, is subject to the PIA,
whether created or produced by the grantee or any third party,and the grantee agrees that information
not otherwise excepted from disclosure under the PIA,will be available in a format that is accessible by
the public at no additional charge to OOG or State of Texas. The grantee will cooperate with OOG in
the production of documents or information responsive to a request for information.
Information provided by or on behalf of the grantee under,pursuant to,or in connection with this Grant
Agreement that the grantee considers proprietary, financial, trade secret, or otherwise confidential
information (collectively"Confidential Information") shall be designated as such when it is provided to
OOG or State of Texas or any other entity in accordance with this Grant Agreement. Merely making a
blanket claim that the all documents are protected from disclosure because they may contain some
proprietary or confidential information may not render the whole of the information confidential.Any
information which is not clearly identified as proprietary or confidential is subject to release in
accordance with the Act. OOG agrees to notify the grantee in writing within a reasonable time from
receipt of a request for information covering the grantee's Confidential Information. OOG will make a
determination whether to submit a Public Information Act request to the Attorney General.
The grantee agrees to maintain the confidentiality of information received from OOG or State of Texas
during the performance of this Grant Agreement, including information which discloses confidential
personal information particularly, but not limited to, personally identifying information, personal
financial information and social security numbers.
The grantee must immediately notify and provide a copy to OOG of any Public Information Request or
other third-party request for the disclosure of information it receives related to this Grant award.
1.8 Remedies for Non-Compliance
If OOG determines that the grantee materially fails to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application,
a notice of award, or any other applicable requirement, OOG, in its sole discretion and consistent with
any applicable OOG Administrative Rules, may take actions including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by OOG;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating thisgrant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by OOG until repayment to OOG is made and any other compliance or audit
finding is satisfactorily resolved;
7. Reducing the grant award maximum liability of OOG;
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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.
OOG, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.9 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations,
warranties, guarantees, certifications and affirmations included in this grant agreement. If applicable,
the grantee will comply with the requirements of 31 USC § 3729, which set forth that no grantee of
federal payments shall submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are
false or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties,
guarantees,certifications or affirmations included in this grant agreement,then COG may consider this
act a possible default under this grant agreement and may terminate or void this grant agreement for
cause and pursue other remedies available to COG under this grant agreement and applicable law.
False statements or claims made in connection with OOG grants may result in fines, imprisonment,and
debarment from participating in federal grants or contract, and/or other remedy available by law,
potentially including the provisions of 38 USC§§3801-3812,which details the administrative remedies
for false claims and statements made.
1.10 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 OOG or another state agency to
participate in preparing the specifications or request for proposals on which the bid or contract is based,
and acknowledges that this Grant Agreement may be terminated and payment withheld if this
certification is inaccurate.
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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 OOG. OOG's policy is to promote consistent, legal, and ethical organizational
behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations
of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions
will be taken.The grantee understands and agrees that misuse of award funds may result in a range
of penalties, including suspension of current and future funds, suspension or debarment from
federal and state grants, recoupment of monies provided under an award,and civil and/or criminal
penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of
funds received from OOG that is made against the grantee,the grantee is required to immediately
notify OOG of said allegation or finding and to continue to inform OOG of the status of any such on-
going investigations. The grantee must also promptly refer to OOG any credible evidence that a
principal, employee, agent, subrecipient, contractor, subcontractor, or other person has -- (1)
submitted a claim for award funds that violates the False Claims Act; or(2) committed a criminal or
civil violation of laws pertaining to fraud,conflict of interest, bribery,gratuity,or similar misconduct
involving award funds. Grantees must also immediately notify OOG in writing of any
misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities
indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's
office of any possible criminal violations. Grantees must immediately notify OOG in writing if a
project or project personnel become involved in any litigation, whether civil or criminal, and the
grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits, or
indictments to OOG. If a federal or state court or administrative agency renders a judgement or
order finding discrimination by a grantee based on race,color, national origin,sex,age,or handicap,
the grantee agrees to immediately forward a copy of the judgement or order to OOG.
The grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to
OOG's Fraud Coordinator or Ethics Advisor at (512)463-1788 or in writing to: Ethics Advisor, Office
of the Governor, P.O. Box 12428,Austin,Texas 78711.
B. Restrictions and certifications regarding non-disclosure agreements and related matters. No
grantee or subgrantee under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an
internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to
prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an
investigative or law enforcement representative of a state or federal department or agency
authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified information),
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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 OOG, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that federal agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants") or
procurement contracts, or both:
a. It represents that:
i. It has determined that no other entity that the recipient's application proposes
may or will receive award funds (whether through a subaward ("subgrant"),
procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from
employees or contractors that currently prohibit or otherwise currently restrict(or
purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above;and
ii. It has made appropriate inquiry, or otherwise has an adequate factual basis, to
support this representation;and
b. It certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor
entity that receives funds under this award is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or
purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it
will immediately stop any further obligations of award funds to or by that entity, will
provide prompt written notification to OOG, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by OOG.
These provisions apply to all grantees and subgrantees or subcontractors.
1.12 Dispute Resolution
The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and
will make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise
requested or approved in writing by OOG, the grantee shall continue performance and shall not be
excused from performance during the period any breach of Grant Agreement claim or dispute is
pending.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to
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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 OOG-initiated
action,suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement
may be commenced in a Texas state district court or a United States District Court selected by OOG in
its sole discretion.
The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation.The grantee hereby
waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or
proceeding, any claim that the grantee is not personally subject to the jurisdiction of the above-named
courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is
improper.
1.13 Funds Limited by Agreement and Subject to Availability
The grantee agrees that nothing in this grant will be interpreted to create an obligation or liability of
OOG in excess of the funds delineated in this grant.The grantee agrees that funding for this grant is
subject to the actual receipt by 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 COG may be limited by
the term of each state biennium and by specific appropriation authority to and the spending authority
of OOG for the purpose of this grant.The grantee agrees that notwithstanding any other provision of
this grant, if OOG is not appropriated the funds or if OOG does not receive the appropriated funds for
this grant program, or if the funds appropriated to COG for this grant program are required to be
reallocated to fund other federal or state programs or purposes, OOG is not liable to pay the grantee
the maximum liability amount specified in the SOGA or any other remaining balance of unpaid funds.
If OOG or the program fund becomes subject to legislative change, revocation of statutory authority,
lack of appropriated funds, or unavailability of funds which would render performance under this
grant agreement impossible,this grant agreement may be immediately terminated without recourse,
liability,or penalty against OOG upon written notice to grantee.
1.14 Termination of the Agreement
OOG may, at its sole discretion,terminate this Grant Agreement,without recourse, liability or penalty
against OOG, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term,condition or provision of this Grant Agreement,OOG may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination,and if no effective
date is specified,the effective date will be the date of the notification.
OOG and grantee may mutually agree to terminate this Grant Agreement. OOG in its sole discretion
will determine if, as part of the agreed termination, grantee is required to return any or all of the
disbursed grant funds.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies
provided in equity,by law,or under this Grant Agreement.Following termination by OOG,grantee shall
continue to be obligated to OOG for the return of grant funds in accordance with applicable provisions
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Grantee Standard Conditions and Responsibilities Office of the Governor
of this Grant Agreement. In the event of termination under this Section,OOG's obligation to reimburse
grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of
termination, and any allowable costs determined by COG in its sole discretion to be reasonable and
necessary to cost-effectively terminate the grant.Termination of this Grant Agreement for any reason
or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set
forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration.
1.15 Communication with Grantee
Notice may be given to the grantee via eGrants,email, hand-delivery,delivery service,or United States
Mail. Notices to the grantee will be sent to the name and address supplied by grantee in eGrants.
1.16 Limitation of Liability
To the extent allowed by law, the grantee agrees to indemnify and hold harmless OOG, the State of
Texas and its employees, agents,officers, representatives,contractors,and/or designees from any and
all liability,actions,claims,demands or suits whatsoever, including any litigation costs,attorneys'fees,
and expenses, relating to tax liability, unemployment insurance and/or workers' compensation in
grantee's performance under this grant agreement. The grantee shall be liable to pay all costs of
defense including attorneys' fees. The defense shall be coordinated by grantee with OOG and the
Office of the Attorney General when OOG, the State of Texas or its employees, agents, officers,
representatives, contractors and/or designees are named defendants in any lawsuit and grantee may
not agree to any settlement without first obtaining the concurrence from OOG and the Office of the
Attorney General. The grantee and OOG agree to furnish timely written notice to each other of any
such claims.
The grantee further agrees to indemnify and hold harmless,to the extent allowed by law,the OOG,the
State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from
any and all liability, actions, claims, demands, or suits, whatsoever, including any litigation costs,
attorneys' fees, and expenses, that arise from any acts or omissions of grantee or any of its officers,
employees, agents, contractors, and assignees, relating to this grant agreement regardless of whether
the act or omission is related to this grant agreement. The defense shall be coordinated by grantee,
OOG and the Office of the Attorney General when OOG, the State of Texas or its employees, agents,
officers, representatives, contractors and/or designees are named defendants in any lawsuit and
grantee may not agree to any settlement without first obtaining the concurrence from OOG and the
Office of the Attorney General. The grantee and OOG agree to furnish timely written notice to each
other of any such claims.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a
waiver by OOG, its officers, employees, agents, or contractors or the State of Texas of any privileges,
rights, defenses, remedies, or immunities from suit and liability that OOG or the State of Texas may
have by operation of law.
1.17 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. OOG
and/or the State of Texas shall not be liable to the grantee, its employees, agents, or others for the
payment of taxes or the provision of unemployment insurance and/or workers' compensation or any
benefit available to a state employee or employee of OOG.
1.18 Force Majeure
Neither the grantee nor OOG shall be required to perform any obligation under this Grant Agreement
or be liable or responsible for any loss or damage resulting from its failure to perform so long as
performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts
or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, flood, natural
disaster, or interruption of utilities from external causes. Each Party must inform the other in writing,
with proof of receipt,within three(3)business days of the existence of such force majeure,or otherwise
waive this right as a defense.
1.19 Debt to State
The grantee agrees, to the extent grantee owes any debt (child support or other obligation) or
delinquent taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may
be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such
debt or delinquent taxes are paid in full.
1.20 Grantee an Independent Contractor
The grantee expressly agrees that it is an independent contractor and under no circumstances shall any
owner, incorporator, officer, director, employee, or volunteer of grantee be considered an employee,
agent, servant,joint venturer,joint enterpriser or partner of OOG or the State of Texas.The grantee is
not a"governmental body"solely by virtue of this Grant Agreement or receipt of grant funds under this
Grant Agreement.All persons furnished, used, retained, or hired by or on behalf of the grantee or any
of the grantee's contractors shall be considered to be solely the employees or agents of the grantee or
the grantee's contractors. The grantee or grantee's contractors shall be responsible for ensuring that
any and all appropriate payments are made, such as unemployment, workers compensation, social
security,any benefit available to a state employee as a state employee,and other payroll taxes for such
persons, including any related assessments or contributions required by law. The grantee agrees to
take such steps as may be necessary to ensure that each contractor of the grantee will be deemed to
be an independent contractor and will not be considered or permitted to be an agent, servant, joint
venturer, joint enterpriser or partner of OOG or the State of Texas. The grantee is responsible for all
types of claims whatsoever due to actions or performance under this Grant Agreement, including, but
not limited to, the use of automobiles or other transportation, taken by its owners, incorporators,
officers, directors,employees,volunteers or any third parties.
1.21 No Assignment of Rights or Obligations
The grantee may not assign this Grant Agreement or any of its rights or obligations under this Grant
Agreement to any third party or entity.Any attempted assignment without OOG's prior written consent
is void and may result in the termination of this Grant Agreement.
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Grantee Standard Conditions and Responsibilities Office of the Governor
1.22 Funds Are for Sole Benefit of Grantee
It is expressly agreed that any solicitation for or receipt of funds of any type by the grantee is for the
sole benefit of the grantee and is not a solicitation for or receipt of funds on behalf of OOG or the
Governor of the State of Texas.
1.23 Permission for Use of OOG Name and Labeling
Other than the required statements listed in this document,grantee shall not use OOG's name or refer
to OOG directly or indirectly in any media release, public service announcement, or public service
disclosure relating to this Grant Agreement or any acquisition pursuant hereto, including in any
promotional or marketing materials,without first obtaining written consent from OOG.This Section is
not intended to and does not limit the grantee's ability to comply with its obligations and duties under
the Texas Open Meetings Act and/or the Texas Public Information Act.This Section is not intended to
and does not limit OOG's duties and obligations to report this Grant Agreement,any grant payments
made under this Grant Agreement,any contract compliance or performance information or other state
or federal reporting requirements applicable to OOG.
1.24 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 OOG's or any federal funding agency's(i.e. DOJ or FEMA)
official recognition or endorsement of the recipient's project simply based on having received funding.
For websites, the acknowledgement should be present somewhere on all major entry pages.
Acknowledgement language for grants made through state fund sources is below and language for
grants made through specific federal fund sources is included within the fund specific conditions memo.
For any state grant program: "This [website/report/study/project/etc.] is funded [insert "in part", if
applicable] through a grant from the Public Safety Office of the Texas Office of the Governor. Neither
the Office of the Governor nor any of its components operate, control, are responsible for, or
necessarily endorse, this website (including, without limitation, its content, technical infrastructure,
and policies, and any services or tools provided)."
1.25 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. OOG (and the federal funding
agency, if the work is funded with a federal grant) reserves a royalty-free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use,and authorize others to use(in whole or in
part, including in connection with derivative works),for state (or Federal) purposes:
A. Any work subject to copyright developed under an award or subaward;and
B. Any rights of copyright to which a grantee or subgrantee or subcontractor purchases ownership
with state(or Federal)support.
The recipient acknowledges that COG (and the federal funding agency) have the right to:
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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 OOG 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. OOG 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
OOG explaining the implementation delay. Upon receipt of the 90-day letter,OOG may cancel the project
and redistribute the funds to other project areas. OOG may also, where extenuating circumstances
warrant, extend the implementation date of the project past the 90-day period.
1.28 Project Close Out
OOG will close-out the grant award when it determines that all applicable administrative actions and
all required work of the Grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award. Submission of the final Financial Status Report will initiate grant close
out with OOG.
The grantee must promptly refund any balances of unobligated cash that OOG paid in advance or paid
and that are not authorized to be retained by the grantee for use in other projects.
1.29 Federal Program Laws, Rules, and Guidelines
The grantee must comply with applicable provisions of federal and state law and regulations,terms
and conditions applicable to the federal awards providing funding for the grant award, and any
applicable program guidelines,which may include:
A. The Omnibus Crime Control and Safe Streets Act of 1968(as amended -42 U.S.0 3711 etseq.);
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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 htto://www.iustice.LO%I/-%I%AI/Larantees (these do not
supersede any specific conditions in the grant agreement), and the financial and administrative
requirements set forth in the current edition of the Office on Violence Against Women (OVW)
Financial Grants Management Guide;
D. The provisions of the current edition of the Department of Justice Grants Financial Guide;
E. If the grantee uses grant funds to undertake research involving human subjects,the grantee may
be subject to Department of Justice(DOJ)Office of Justice(OJP)policies and requirements adopted
by OOG related to human subjects found in 28 CFR Part 46;
F. Section 2002 of the Homeland Security Act of 2002, as amended (P.L. 107-296) (6 U.S.C. § 603);
G. If grantee receives a grant award in excess of$150,000, it will comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. §7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
Any subgrants or contracts made by the grantee in excess of$150,000 must contain this provision.
H. All other applicable Federal laws,orders, circulars, or regulations.
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 toOOG.
F. The grantee is currently in good standing with all licensing, permitting or regulatory bodies that
regulate any or all aspects of grantee's business or operations.
G. The grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any
other applicable local ordinance or state or federal laws.
H. The grantee shall comply with any applicable federal, state, county, local and municipal laws,
ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with its
obligations under this Grant Agreement.
I. The grantee does not have any existing claims against or unresolved audit exceptions with the State
of Texas or any agency of the State of Texas.
2.2 System for Award Management(SAM)Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System
for Award Management (SAM) (or with a successor government-wide system officially designated
by OMB and, if applicable, the federal funding agency). These requirements include maintaining
current registrations and the currency of the information in SAM. The grantee will review and
update information at least annually until submission of the final financial report required under
the award or receipt of final payment,whichever is later,as required by 2 CFR Part 25.
B. Applicable to this Grant Agreement is the President's Executive Order(EO) 13224, Executive Order
on Terrorist Financing-Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit, or Support Terrorism, effective September 24, 2001, and any subsequent
changes made to it via cross-referencing respondents/vendors with the Federal General Services
Administration's System for Award Management (SAM), ittps://www.sam.eov, which is inclusive
of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated
National (SDN) list.
C. The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award
(see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM)", in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority. The grantee certifies it will verify each vendor's status to
ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by
checking the SAM before doing/renewing business with that vendor.
D. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and
have not been subjected to suspension, debarment, or similar ineligibility determined by any
federal,state or local governmental entity and the grantee is in compliance with the State of Texas
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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 OOG grant
funds.
2.4 Uniform Crime Reporting
Local units of governments operating a law enforcement agency must be current on reporting complete
UCR data and the Texas specific reporting mandated by 411.042 TGC,to the Texas Department of Public
Safety(DPS)for inclusion in the annual Crime in Texas(CIT) publication.To maintain eligibility for
funding,grantees must have submitted a full twelve months of accurate data to DPS for the most recent
calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting,
grantees are required to submit complete and accurate UCR data, as well as the Texas-mandated
reporting,on a no less than monthly basis and respond promptly to requests from DPS related to the
data submitted.
2.5 Immigration Related Matters
Local units of government, including cities, counties and other general purpose political subdivisions,as
appropriate, and institutions of higher education that operate a law enforcement agency, must comply
with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security
("DHS")to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's
custody; and (2) detain such illegal aliens in accordance with requests by DHS.Additionally, counties
and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or
bound by, any law, rule, policy, or practice (written or unwritten)that would: (1) require or authorize
the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from
detection fugitives from justice or aliens illegally in the United States; or(2) impede federal officers
from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or§
1366(3).
Local units of government, including cities, counties and other general purpose political subdivisions,as
appropriate, and institutions of higher education that operate a law enforcement agency, must comply
with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government
Code which prohibits local entity or campus police departments from: (1) adopting, enforcing,or
endorsing a policy under which the entity or department prohibits or materially limits the enforcement
of immigration laws; (2) as demonstrated by pattern or practice, prohibiting or materially limiting the
enforcement of immigration laws; or(3) for an entity that is a law enforcement agency or for a
department, as demonstrated by pattern or practice, intentionally violate Article 2.251, Code of
Criminal Procedure.
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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 OOG in writing within five (5) calendar days if grantee or any of its officers are
subject to allegations of Deceptive Trade Practices or are the subject of alleged violations of any unfair
business practices in an administrative hearing or court suit,and that the grantee or officers have been
found to be liable for such practices in such proceedings.
2.8 Hurricane Contract Violations
Texas law prohibits OOG from awarding a contract to any person who, in the past five years, has been
convicted of violating a federal law or assessed a penalty in connection with a contract involving relief
for Hurricane Rita, Hurricane Katrina, Hurricane Harvey, or any other disaster, as defined by section
418.004 of the Texas Government Code, occurring after September 24, 2005. Under section 2155.006
and 2261.053 of the Texas Government Code,the grantee certifies that the entity named in this Grant
Agreement is not ineligible from entering into this Grant Agreement and acknowledges that this Grant
Agreement may be terminated and payment withheld or return of grant funds required if this
certification is inaccurate orfalse.
2.9 Terminated Contracts
The grantee has not had a contract terminated or been denied the renewal of any contract for non-
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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 OOG must obtain and have on file a blanket fidelity
bond that indemnifies OOG against the loss or theft of the entire amount of grant funds, including
matching funds.The fidelity bond should cover at least the OOG grant period.
By accepting funds under this award,any non-profit grantee certifies and affirmatively asserts that it is
a non-profit organization and that it keeps on file, and is available upon audit,either:
A. A copy of the recipient's 501(c)(3) designation letter;
B. A letter from the State of Texas stating that the recipient is a non-profit organization operating
within Texas; or
C. A copy of the grantee's Texas certificate of incorporation that substantiates its non-profitstatus.
Grantees that are local non-profit affiliates of state or national non-profits should have available proof
of(1), (2), or (3), and a statement by the state or national parent organization that the recipient is a
local non-profit affiliate.
Non-profit recipients of Victims of Crime Act(VOCA)funding that are not a 501(c)(3)organization finally
certified by the Internal Revenue Service must make their financial statements available online.
Church, mosque, and synagogue recipients of Nonprofit Security Grant Program funding are not
required to apply for and receive a recognition of exemption under section 501(c)(3). Such
organizations are automatically exempt if they meet the requirements of section 501(c)(3).
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Grantee Standard Conditions and Responsibilities Office of the Governor
2.12 Special Requirements for Facilities or Entities that Collect Sexual Assault/Sex Offense Evidence or
Investigates/Prosecutes Sexual Assault or other Sex Offenses
Texas Government Code,Section 420.034, requires any facility or entity that collects evidence for
sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense
for which evidence has been collected,to participate in a statewide electronic tracking system
developed and implemented by the Texas Department of Public Safety. Failure to comply with the
requirements of Chapter 420,Subchapter B or Subchapter B-1, of the Texas Government Code may be
used to determine ongoing eligibility for receiving OOG grant funds.
2.13 Firearm Suppressor Regulation
Texas Government Code,Section 2.103, prohibits state agencies, municipalities,counties,special
districts or authorities, as defined in Section 2.101 of the Texas Government Code,from receiving state
grant funds if the entity adopts a rule, order, ordinance, or policy that enforces or allows the
enforcement of a federal law that purports to regulate a firearm suppressor if the federal statute,
order, rule or regulation imposes a prohibition, restriction, or other regulation that does not exist
under the laws of the State of Texas.
2.14 Enforcement of Public Camping Bans
Local Government Code, Section 364.004, prohibits municipalities or counties,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, Part 1, 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.
2.15 Prohibition on Agreements with Certain Foreign-Owned Companies in Connection with Critical
Infrastructure
Texas Government Code, Chapter 113 and Section 2274.0102, prohibits an entity or company from
entering into an agreement with a company or entity that is headquartered in,owned by,or the
majority of stock is held or controlled by China, Iran, North Korea, Russia or a country designated by the
governor as a threat to critical infrastructure, as defined in Section 113.001 or Section 2274.0101 of the
Texas Government Code, if the agreement is related to and grants access to or control of critical
infrastructure in the State of Texas.
3 Civil Rights
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Grantee Standard Conditions and Responsibilities Office of the Governor
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 patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 USC § 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing;
9. Title I, II,and III of the Americans with Disabilities Act of 1990,which prohibits discrimination
against individuals with disabilities;
10. Any other nondiscrimination provisions in the specific statute(s) or the state or federal
solicitation or funding announcement under which application for grant funds is being made,
including but not limited to:
L Section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of
1968(codified at 34 U.S.C. 10228(c); see also 34 U.S.C. 11182(b)),
ii. Section 1407(e) of the Victims of Crime Act of 1984 (codified at 34 U.S.C.
20110(e))
iii. Section 40002(b)(13) of the Violence Against Women Act of 1994 (codified at
34 U.S.C. 12291(b)(13))
C. A nondiscrimination provision that deals with discrimination in employment on the basis of religion
is read together with the pertinent provisions of the Religious Freedom Restoration Act of 1993. As
a result, even if an otherwise-applicable nondiscrimination provision states that a recipient or
subrecipient may not discriminate in employment based on religion,an OJP recipient or subrecipient
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Grantee Standard Conditions and Responsibilities Office of the Governor
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
https:Homp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm#4.
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 OOG and, as applicable, the Office of Justice Programs Office for Civil Rights (OCR), or the DHS
awarding office and the DHS Office of Civil Rights and Civil Liberties.
F. All recipients of Department of Justice Grants must review the Information on Civil Rights for
grantees posted on the eGrants website. More information on Civil Rights and Nondiscrimination
requirements for grantees receiving funding originating from the Department of Justice can be
found at https://omp.gov/about/ocr/statutes.htm.
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 http://wv.vv.LEP.eov.
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 . 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 nttps:Hoip.gov/about/ocr/eeop.htrri.
The grantee acknowledges that failure to submit an acceptable EEOP(if recipient is required to submit
one),that is approved by the Office for Civil Rights,is a violation of the Grant Agreement and may result
in suspension or termination of funding, until such time as the recipient is in compliance.
4 Personnel
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Grantee Standard Conditions and Responsibilities Office of the Governor
4.1 Overtime
Overtime is allowable to the extent that it is included in the OOG-approved budget,the grantee agency
has an overtime policy approved by its governing body, and both grant-funded and non-grant funded
personnel are treated the same with regards to the application of overtime policy(ies). In addition, in
no case is dual compensation allowable. That is, an employee of a grantee agency may not receive
compensation for hours worked (including paid leave) from his/her agency AND from an award for a
single period of time, even though such work may benefit both activities. Overtime payments issued
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
https:HeGranLb.KUy.Lexd5.KUy/upadLe5.dbpx to OOG for approval prior to procurement. Grantees
must ensure these contracts address administrative, contractual, or legal remedies in instance
where contractors violate or breach contract terms and provide for such sanctions and penalties as
appropriate.
C. When contractual or equipment procurement is anticipated to be in excess of$10,000, grantees
must address termination for cause and for convenience by the grantee including the manner by
which it will be affected and the basis for settlement.
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Grantee Standard Conditions and Responsibilities Office of the Governor
6.2 Subcontracting
The grantee may not subcontract any of its rights or duties under this Grant Agreement without the
prior written approval of OOG. It is within OOG's sole discretion to approve any subcontracting. In the
event OOG approves subcontracting by the grantee, the grantee will ensure that its contracts with
others shall require compliance with the provisions of this Grant Agreement to the extent compliance
is needed to support the grantee's compliance with this Grant Agreement. The grantee, in
subcontracting for any performances specified herein, expressly understands and agrees that it is not
relieved of its responsibilities for ensuring that all performance is in compliance with this Grant
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 OOG.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 bythe grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the
federal awarding agency or OOG,the grantee must make proper disposition of the equipment pursuant
to 2 CFR 200 or TxGMS, as applicable.
The grantee shall not give any security interest, lien or otherwise encumber any item of equipment
purchased with grant funds.
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Grantee Standard Conditions and Responsibilities Office of the Governor
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 OOG and the grantee title for equipment will remain
with the grantee, unless TxGMS requires otherwise.
7.2 Maintenance and Repair
The grantee will maintain, repair, and protect all equipment purchased in whole or in part with grant
funds so as to ensure the full availability and usefulness of such equipment. In the event the grantee is
indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the
equipment purchased under this Grant Agreement, the grantee shall use the proceeds to repair or
replace said equipment.
7.3 Automated License Plate Readers
Any grantee requesting funds for Automated License Plate Readers(ALPR) must have a written policy
regarding use of the ALPR and related data retention. Subrecipients also must enter into a User
Agreement with the Texas Department of Public Safety(DPS), Crime Records Division to gain access to
the Texas Automated License Plate Reader(LPR) Database so that data may be shared among all
participating local, state,and federal agencies. DPS Crime Records Division will provide written
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Grantee Standard Conditions and Responsibilities Office of the Governor
certification of your jurisdiction's participation upon request. Grantees must provide OOG with a copy
of the certification received from DPS Crime Records Division.
8 Information Technology
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" (Ottp://www.buyaccessible.gov). 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 nttp://wvvvv..3ection508.eu..
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 COG grant funds until the second anniversary of the date the
local government is determined ineligible.
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Grantee Standard Conditions and Responsibilities Office of the Governor
9 Indirect Costs
9.1 Approved Indirect Cost Rate
If indirect costs are allowable under an award, the Indirect Cost Budget Category will be available on
the Budget tab. Grantees choosing to apply indirect costs to the award (except for those choosing to
use a de minimis rate as described in 2 CFR § 200.414(f)) must have an approved indirect cost rate
agreement with their cognizant agency (see 2 CFR § 200 Appendix III-VII for assigned cognizant
agencies). A copy of the approval letter from the cognizant agency must be uploaded to the grant
application for the grantee to be eligible for the indirect cost rate for the associated award.
The indirect cost rate cited in the budget denotes the approved indirect rate at the time the grant was
awarded.It is the grantee's responsibility to ensure the appropriate indirect rate is charged throughout
the term of the grant award even if the approved indirect rate expires or changes during the grant
period. Indirect costs are subject to monitoring and the grantee must be able to produce evidence of
an approved indirect cost rate upon request.
9.2 De Minimis Rate
In accordance with 2 CFR§200.414(f) and TxGMS, grantees of federal or state funds that do not have
a current negotiated (including provisional) rate may elect to charge a de minimis rate of 10% of
modified total direct costs,which may be used indefinitely.A grantee that elects to use the de minimis
indirect cost rate, must advise OOG in writing, in the grant application, before any such funds are
obligated of its election, and must comply with all associated requirements in 2 CFR § 200.414(f) and
TxGMS.
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.A copy of
the Single Audit Report Package or a notification email stating the date the Single Audit Report Package
was uploaded to the Federal Audit Clearinghouse must be sent the Governor's Office of Compliance
and Monitoring within nine months or less of the grantee's fiscal year end date. Documents must be
emailed to OCM-FMU@eov.texas.eov
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Grantee Standard Conditions and Responsibilities Office of the Governor
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 complete and sign a Single Audit Reporting Exemption Form
within nine months or less of their fiscal year end date. Exemption Forms are available by fiscal year
end date on eGrants in the Updates section and Single Audit links.This form must be emailed to OCM-
FMU@eov.texas.eov.
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 OOG to comply with
any rules and procedures of the State Auditor's Office in the implementation and enforcement
Section 2262.154 of the Texas Government Code.
B. The grantee agrees to comply with the grant monitoring guidelines, protocols, and procedures
established by OOG and any federal funding agency, and to cooperate with 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. OOG may request documented proof of payment.Acceptable proof of payment includes, but is not
necessarily limited to, a receipt or other documentation of a paid invoice, a general ledger detailing
the specific revenue and expenditures, a monthly bank statement evidencing payment of the
specific expenditure, bank reconciliation detail,copies of processed checks, or a printed copy of an
electronic payment confirmation evidencing payment of the specific expenditure to which the
reimbursement relates.
E. The grantee authorizes OOG,the State Auditor's Office,the Comptroller General,and any relevant
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Grantee Standard Conditions and Responsibilities Office of the Governor
federal agency, and their representatives, the right to audit, examine, and copy all paper and
electronic records, books, documents, accounting procedures, practices, and any other requested
records, in any form; relevant to the grant, the operation and management of the grantee, and
compliance with this grant agreement and applicable state or federal laws and regulations; and will
make them readily available upon request. The grantee will similarly permit access to facilities,
personnel,and other individuals and information as may be necessary.
F. If requested,the grantee shall submit to OOG a copy of its most recent independent financial audit.
If requested, the grantee shall submit to OOG any audited financial statements, related
management letters and management responses of grantee, and financial audit documents or
portions thereof that are directly related to the grantee's performance of its obligations under this
Grant Agreement.
G. OOG may make unannounced monitoring visits at any time but will, whenever practical as
determined at the sole discretion of OOG, provide the grantee with up to five (5) business days
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 OOG or its designees, on the
grantee's premises (or if the audit is being performed of a subcontractor, the subcontractor's
premises if necessary) private space, office furnishings (including lockable cabinets), telephone
services and Internet connectivity, utilities, and office-related equipment and duplicating services
as OOG or its designees may reasonably require to perform the audits described in this Grant
Agreement.
H. In addition to the information contained in the required reports,other information may be required
as requested by COG, including OOG asking for more information regarding project performance
or funds expenditures. In the event OOG requires additional information regarding the information
or data submitted,the grantee will promptly provide the additional information.The grantee also
agrees to assist OOG in responding to questions and assisting in providing information responsive
to any audit, legislative request, or other inquiry regarding the grant award. Upon the request of
OOG, the grantee must submit to OOG any additional documentation or explanation OOG may
desire to support or document the requested payment or report submitted under this Grant
Agreement.
I. If after a written request by OOG or a relevant federal agency,the grantee fails to provide required
reports,information,documentation,or other information within reasonable deadlines set by OOG
or the relevant federal agency, as required by this Grant Agreement, or fails to fulfil any
requirement in this section, then OOG may consider this act a possible default under this Grant
Agreement, and the grantee may be subject to sanctions including but not limited to,withholdings
and/or other restrictions on the recipient's access to grant funds; referral to relevant agencies for
audit review; designation of the recipient as a high-risk grantee; or termination of awards.
J. The grantee agrees to hold any subcontractors or subgrantees to the provisions of this section and
to require and maintain the documentation necessary to complete monitoring tasks performed by
any subcontractor or subgrantee. The grantee shall ensure that this section concerning the
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 OOG a corrective
action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the
grantee's receipt of the findings.The grantee's corrective action plan is subject to the approval of OOG.
OOG, at its sole discretion, may impose remedies as part of a corrective action plan, including, but not
limited to: increasing monitoring visits; requiring that additional or more detailed financial and/or
programmatic reports be submitted; requiring prior approval for expenditures; requiring additional
technical or management assistance and/or making modifications in business practices; reducing the
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 OOG periodic status reports
regarding the grantee's resolution of any audit, corrective action plan, or other compliance activity for
which the grantee is responsible.
10.5 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures
of grant funds, reporting measures, and funds received from 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
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Grantee Standard Conditions and Responsibilities Office of the Governor
appropriate source, and then retain copies of all after-action reports and certificates of
training completion for the time period specified in this Section.
4. OOG or the Federal Funding Agency may direct a grantee to retain documents for longer
periods of time or to transfer certain records to OOG or federal custody when OOG or the
Federal Funding Agency determines that the records possess 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,OOG,or any of their duly authorized representatives,
access to and the right to examine all books, accounts, records, reports, files, other papers,
things or property belonging to or in use by grantee pertaining to this Grant including records
concerning the past use of grant funds. Such rights to access shall continue as long as the
records are maintained.
The grantee must include the substance of this Section in all subcontracts.
C. If the grantee collects personally identifiable information,it will have a publically-available privacy
policy that describes what information it collects, how it uses the information,whether it shares
the information with third parties, and how individuals may have their information corrected
where appropriate. The grantee shall establish a method to secure the confidentiality of any
records related to the grant program that are required to be kept confidential by applicable
federal or state law or rules.This provision shall not be construed as limiting OOG's access to such
records and other information under any provision of this Grant Agreement.
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
32 1 37
Grantee Standard Conditions and Responsibilities Office of the Governor
use private or other non-federal money, receipts, contributions, or dues for their political
activities, and may not charge off to or be reimbursed from federal contracts or grants for the
costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit
the use of a program administered by the grantee agency of which the person is an officer or
employee to interfere with or affect the result of an election or nomination of a candidate or
to achieve any other political purpose.
C. Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or
political organization for a political purpose.
D. Grant funds will not be used, either directly or indirectly, in support of the enactment, repeal,
modification,or adoption of any law, regulation or policy, at any level of government,without
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 OOG 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
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).
33137
Grantee Standard Conditions and Responsibilities Office of the Governor
directly associated with such costs (such as tickets to shows or sports events, meals, lodging,
rentals,transportation,and gratuities);
D. Fundraising;
E. Lobbying;
F. Alcoholic beverages;
G. Costs to support any activity that has as its objective funding of sectarian worship, instruction,
or prose lytization; and
H. Promotional items and memorabilia, including models,gifts, and souvenirs.
11.4 Acorn
The grantee understands and agrees that it cannot use any federal funds,either directly or indirectly, in
support of any contract or subaward to either the Association of Community Organizations for Reform
Now(ACORN) or its subsidiaries,without the express prior written approval of OOG.
11.5 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L.
No. 115-232 (2018), prohibits the purchase of certain telecommunications and video surveillance
services or equipment from specified entities. For more information on this prohibition please refer to
Public Law No. 115-232 at nttps://www.congress.gov/bill/115th-congress/house-
bi I I/5515/text?to rm at=txt.
12 Financial Requirements
12.1 Financial Status Reports
Financial Status Reports must be submitted to OOG via eGrants. Unless otherwise specified by OOG,
Reports may be submitted monthly but must be submitted at least quarterly. Reports are due after
each calendar quarter regardless of when the grant was awarded. Due dates are:
1. April 22(January-March quarter)
2. July 22 (April-June quarter)
3. October 22 (July-September quarter)
4. January 22 (October-December quarter)
A grant liquidation date will be established in eGrants. The final Financial Status Report must be
submitted to OOG on or before the liquidation date or the grant funds may lapse and OOG will provide
them as grants to others who need the funding. Payments will be generated based on expenditures
reported in the reports. Upon OOG approval of the report, OOG will issue a payment through direct
deposit or electronic transfer.
3A 1 37
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 OOG approval of a
Financial Status Report or Advance Payment Request, a payment will issue through direct deposit or
electronic transfer, though additional documentation may be required and this statement does not
override other rules, laws or requirements. It is the policy of OOG to make prompt payment on the
approval of a properly prepared and submitted Financial Status Report and any other required
documentation.
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. OOG is not obligated
to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this Grant Agreement.
By submission of a Financial Status Report,the grantee is warranting the following: (1) all invoices have
been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered;
(2) that the services or goods have been performed or delivered in compliance with all terms of this
Grant Agreement; (3) that the amount of each new Financial Status Report added together with all
previous Financial Status Reports do not exceed the Maximum Liability of 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 OOG's reporting instructions. The grantee shall expend program income during the
term of this Grant Agreement; program income not expended during the term of this Grant Agreement
shall be refunded to OOG.
35 1 37
Grantee Standard Conditions and Responsibilities Office of the Governor
12.6 Refunds and Deductions
If OOG determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to OOG the amount identified by COG as an
overpayment.The grantee shall refund any overpayment to OOG within thirty(30) calendar days of the
receipt of the notice of the overpayment from OOG unless an alternate payment plan is specified by
OOG.
12.7 Liquidation Period
The liquidation date is ninety(90)calendar days after the grant end date, unless otherwise noted in the
original grant award or a grant adjustment. Funds not obligated by the end of the grant period and not
expended by the liquidation date will revert to OOG.
12.8 Duplication of Funding
If grantees receive any funding that is duplicative of funding received under this grant,they will notify
OOG as soon as possible. OOG may issue an adjustment modifying the budget and project activities to
eliminate the duplication. Further, the grantee agrees and understands that any duplicative funding
that cannot be re-programmed to support non-duplicative activities within the program's statutory
scope will be de-obligated from this award and returned to OOG.
12.9 Supplanting
Awarded funds must be used to supplement existing funds for program activities and not replace
(supplant) funds that have been appropriated, allocated or disbursed for the same purpose. Grant
monitors and auditors will look for potential supplanting during reviews. Violations may result in a
range of penalties, including suspension of future funds, suspension or debarment from receiving
federal or state grants, recoupment of monies provided under the grant,and civil or criminal penalties.
For additional information on supplanting, refer to the Guide to Grants at
https://eGrants.gov.texas.gov/updates.aspx.
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 OOG. This evaluation includes a reassessment of project
activities and services to determine whether they continue to be effective.
Grantees must submit required reports regarding grant information, performance, and progress
towards goals and objectives in accordance with the instructions provided by COG or its designee. If
requested by OOG, the grantee shall report on the progress towards completion of the grant project
and other relevant information as determined by OOG.To remain eligible for funding,the grantee must
be able to show the scope of services provided and their impact, quality, and levels of performance
36 1 37
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 OOG all applicable reports in a format and method specified by OOG.The
grantee shall ensure that it submits each report or document required by OOG in an accurate,
complete, and timely manner to OOG or the Federal sponsoring agency, as specified by this Grant
Agreement or OOG, 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.
37 1 37
Office of the Governor
Public Safety Office
' Criminal Justice Division
Fund Specific Grant Conditions
Coronavirus State Fiscal Recovery Fund (Victims
of Crime - SB 8)
FFY 2021 Award
September 2022
Fund Specific Conditions and Responsibilities(CSFRF—SB 8) Office of the Governor
About This Document
In this document,grantees will find fund specific federal requirements and conditions applicable to the
grant award administered by the Office of the Governor(OOG).These requirements and conditions are
incorporated into the Grant Agreement accepted by a grant's Authorized Official.
These requirements are in addition to those that can be found on the eGrants system — including the
Grant Application and Grant Award—or in documents identified there,to which grantees agreed when
applying for and accepting the grant. Other state and federal requirements and conditions may apply to
your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code;
Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code; the Texas Grant
Management Standards (TxGMS) developed by the Comptroller of Public Accounts; the state Funding
Announcement or Solicitation under which the grant application was made; for federal funding, the
Funding Announcement or Solicitation under which OOG was awarded funds; and any applicable
documents referenced in the documents listed above. For grants awarded from the U.S. Department of
Justice(DOJ),the current applicable version of the Department of Justice Grants Financial Guide and any
applicable provisions in Title 28 of the CFR apply.OOG reserves the right to add additional responsibilities
and requirements,with or without advance notice to the grantee.
It is important for grantees to review all of these policies to successfully manage their grant, maintain
eligibility for funding,and avoid violating the terms of the Grant Agreement,any of which could result in
the revocation of funding or other actions.
For clarification or further information, please see the Guide to Grants and other support materials at
http://eGrants.Gov.Texas.Gov or contact the grant manager assigned to the relevant grant. If no grant
manager has been assigned, please contact the eGrants help desk at via email at:
eGrants@gov.texas.gov, or via telephone at: (512)463-1919 or dial 7-1-1 for relay services.
Page116
Fund Specific Conditions and Responsibilities(CSFRF—SB 8) Office of the Governor
Table of Contents
AboutThis Document...............................................................................................................................1
ArticleI. Use of Funds ............................................................................................................................3
Article II. Maintenance of and Access to Records...................................................................................3
ArticleIII. Pre-Award Costs ......................................................................................................................3
ArticleIV. Administrative Costs................................................................................................................3
Article V. Conflicts of Interest .................................................................................................................3
Article VI. Compliance with Applicable Law and Regulations..................................................................3
ArticleVII. Hatch Act .................................................................................................................................5
Article VIII. False Statements......................................................................................................................5
ArticleIX. Publication...............................................................................................................................5
Article X. Protections for Whistleblowers...............................................................................................5
Article XI. Increasing Seat Belt Use in the United States..........................................................................6
Article XII. Reducing Text Messaging While Driving..................................................................................6
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Fund Specific Conditions and Responsibilities(CSFRF—SB 8) Office of the Governor
Article I. Use of Funds
Recipient and any subrecipients understand and agree that the funds disbursed under this award may
only be used in compliance with section 602(c) of the Social Security Act(the Act) and Treasury's
regulations implementing that section and guidance.
Article II. Maintenance of and Access to Records
Recipient and any subrecipients shall maintain records and financial documents sufficient to evidence
compliance with section 602(c) and Treasury's regulations implementing that section and guidance
regarding the eligible uses of funds.
The Treasury Office of Inspector General and the Government Accountability Office, or their authorized
representatives,shall have the right of access to records(electronic and otherwise) of recipient in order
to conduct audits or other investigations.
Records shall be maintained by recipient and any subrecipients for a period of five (5)years after all
funds have been expended or returned to Treasury,whichever is later.
Article III. Pre-Award Costs
Pre-award costs, as defined in 2 C.F.R. §200.458, may not be paid with funding from this award.
Article IV. Administrative Costs
Recipient and any subrecipients may use funds provided under this award to cover both direct and
indirect costs.
Article V. Conflicts of Interest
Recipient and any subrecipients understand and agree it must maintain a conflict of interest policy
consistent with 2 C.F.R. §200.318(c) and that such conflict of interest policy is applicable to each activity
funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-
through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
accordance with 2 C.F.R. §200.112.
Article VI. Compliance with Applicable Law and Regulations
1. Recipient and any subrecipients agree to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by
Treasury regarding the foregoing. Recipient and any subrecipients also agree to comply with all other
applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such
compliance by other parties in any agreements it enters into with other parties relating to this award.
2. Federal regulations applicable to this award include,without limitation,the following:
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200,other than such provisions as Treasury may determine are inapplicable
to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart
F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply
to this award.
b. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25,pursuant to which
the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
F' agr 3 16
Fund Specific Conditions and Responsibilities(CSFRF—SB 8) Office of the Governor
c. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to
which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by
reference.
d. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),
2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered
transactions(contracts and subcontracts described in 2 C.F.R. Part 180,subpart B)that the award
is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
e. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2
C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by reference.
f. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
g. New Restrictions on Lobbying, 31 C.F.R. Part 21.
h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§§ 4601-
4655) and implementing regulations
i. Generally applicable federal environmental laws and regulations.
3. Statutes and regulations prohibiting discrimination applicable to this award include, without
limitation,the following:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing
regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or
national origin under programs or activities receiving federal financial assistance;
b. Recipient and any subrecipients agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by
Treasury regarding the foregoing. Recipient and any subrecipients also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Recipient shall provide
for such compliance by other parties in any agreements it enters into with other parties relating
to this award.
4. Federal regulations applicable to this award include,without limitation,the following:
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200,other than such provisions as Treasury may determine are inapplicable
to this Award and subject to such exceptions as may be otherwise provided by Treasury.Subpart
F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply
to this award.
b. Universal Identifier and System for Award Management(SAM),2 C.F.R. Part 25,pursuant to which
the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
c. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to
which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by
reference.
d. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement),
2 C.F.R.Part 180,including the requirement to include a term or condition in all lower tier covered
transactions(contracts and subcontracts described in 2 C.F.R. Part 180,subpart B)that the award
is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19.
e. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2
C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by reference.
f. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
g. New Restrictions on Lobbying, 31 C.F.R. Part 21.
h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-
4655) and implementing regulations.
i. Generally applicable federal environmental laws and regulations.
5. Statutes and regulations prohibiting discrimination applicable to this award include, without
Nagr416
Fund Specific Conditions and Responsibilities(CSFRF—SB 8) Office of the Governor
limitation,the following:
a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing
regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or
national origin under programs or activities receiving federal financial assistance;
b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which
prohibits discrimination in housing on the basis of race,color,religion,national origin,sex,familial
status, or disability;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of disability under any program or activity receiving federal financial
assistance;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's
implementing regulations at 31 C.F.R. Part 23,which prohibit discrimination on the basis of age in
programs or activities receiving federal financial assistance; and
e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination on the basis of disability under programs, activities, and services
provided or made available by state and local governments or instrumentalities or agencies
thereto.
Article VII. Hatch Act
Recipient and any subrecipients agree to comply, as applicable,with requirements of the Hatch Act(5
U.S.C. §§ 1501-1508 and 7324-7328),which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed in whole or in part by
this federal assistance.
Article VIII. False Statements
Recipient and any subrecipients understand that making false statements or claims in connection with
this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
including fines, imprisonment, civil damages and penalties, debarment from participating in federal
awards or contracts, and/or any other remedy available by law.
Article IX. Publication
Any publications produced with funds from this award must display the following language: "This project
[is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to
[name of Recipient] by the U.S. Department of the Treasury."
Article X. Protections for Whistleblowers
1. In accordance with 41 U.S.C. § 4712, recipient or any subrecipients may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
a violation of law, rule, or regulation related to a federal contract (including the competition for or
negotiation of a contract) or grant.
2. The list of persons and entities referenced in the paragraph above includes the following:
a. A member of Congress or a representative of a committee of Congress;
b. An Inspector General;
Page 516
Fund Specific Conditions and Responsibilities(CSFRF—SB 8) Office of the Governor
c. The Government Accountability Office;
d. A Treasury employee responsible for contract or grant oversight or management;
e. An authorized official of the Department of Justice or other law enforcement agency;
f. A court or grand jury; or
g. A management official or other employee of Recipient, contractor, or subcontractor who has the
responsibility to investigate, discover, or address misconduct.
3. Recipient shall inform its employees in writing of the rights and remedies provided under this section,
in the predominant native language of the workforce.
Article XI. Increasing Seat Belt Use in the United States
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient and any subrecipients should
encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their
employees when operating company-owned, rented or personally owned vehicles.
Article XII. Reducing Text Messaging While Driving
Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient and any subrecipients should
encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text
messaging while driving, and Recipient should establish workplace safety policies to decrease accidents
caused by distracted drivers.
Page616
[Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED
AND AGREED:]
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: Nov 9, 2022
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
�. administration of this contract, including
By: Ro�blldreTg-e(Nav9,202208:19CST) ensuring all performance and reporting
Name: Robert A. Alldredge Jr. requirements.
Title: Executive Assistant Chief of Police
s�s �
Approved as to Form and Legality: By:
Name: Sarah Shannon
Title: Supplemental Funding Manager
By: �
Name: Taylor Paris a o FORr4;
Title: Assistant City Attorney City Secretary: o . d
ap�*000
nEXASapa
Contract Authorization: Yannef-te S.
p Goodall
M C: 22-01 /7 0 By: JannetteS.Goodall(Nov9,202215:19CST)
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F RT 4145�-
Create New From This M&C
REFERENCE **M&C 22- 35FY23-OOG-PSO-
DATE: 3/8/2022 NO.: 0170 LOG NAME: GENERAL-VICTIM-
ASSISTANCE
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Ratify Application for, and Authorize Acceptance of, if Awarded, the Office of the
Governor, Public Safety Office, Victims of Crime Act Grant to Occur in Fiscal Year
2023 in an Amount of$157,406.00, Adopt Attached Resolution, Authorize Execution of
Related Grant Agreement, and Adopt Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify application for, and authorize acceptance of, if awarded, the Fiscal Year 2023 Victims
of Crime Act Grant from the Office of the Governor, Public Safety Office, in an amount of
$157,406.00;
2. Authorize the execution of a grant agreement with the Office of the Governor, Public Safety
Office for the Fiscal Year 2023 grant;
3. Adopt the attached resolution to make assurances as required by the State of Texas, Office
of the Governor, Public Safety Office; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in an amount of
$157,406.00, for the purpose of funding services and assistance for victims of crime.
DISCUSSION:
The purpose of the Office of the Governor(OOG), Public Safety Office (PSO), Victims of Crime Act
(VOCA) Grant, Fiscal Year 2023, is to provide services and assistance directly to victims of crime to
speed their recovery and provide aid through the criminal justice process. If awarded, the grant will
continue to fund two positions in the Fort Worth Police Department's Victim Assistance Unit (Victim
Assistance Specialist and High Risk Family Violence Specialist). The grant period for this award is
from 10/01/2022 to 09/30/2023.
The overall goal of the OOG, PSO, VOCA Grant is to reduce the trauma experienced by crime
victims. This is achieved by providing efficient and comprehensive advocacy and services for all
victims of violent crime and conduct outreach and education to victims of family violence exhibiting
high risk factors. Through these services, the likelihood of repeat victimization and intimate partner
homicide is reduced.
The attached resolution affirms that 1)the City Council has ratified the grant project; 2) designates
the City Manager, through the Assistant City Manager, to apply for, accept, reject, alter, or terminate
the grant on behalf of the City; and 3) in the event of loss or misuse of PSO grant funds, the City
assures that the funds will be returned to the PSO in full.
A portion of the awarded funds will be used to cover indirect costs at the Police Department's
approved rate (currently 3.81\%).
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29722&councildate=3/8/2022 3/10/2022
M&C Review Page 2 of 2
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. The Police Department(and Financial
Management Services)will be responsible for the collection and deposit of funds due to the City.
Prior to an expenditure being incurred, the Police Department has the responsibility to validate the
availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference# Amoun�
I ID ID , , Year (ChartFleld 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Neil Noakes (4212)
Additional Information Contact: Sarah Shannon (4254)
ATTACHMENTS
35FY23-OOG-PSO-GENERAL-VICTI MASS ISTANCE 21001 A022(r4).docx (Public)
35PS023RESOLUTION.doc (Public)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=29722&councildate=3/8/2022 3/10/2022
FORT WORTH City of Fort Worth
Inter - Office Correspondence
Received Law Dept Contact Initials Date
in Law
DATE: November 8,2022 Dept
Received ACM Office Contact Initials Date
FROM: Tracy Lamm in ACM
Financial Management Division Office
Fort Worth Police Department
SUBJECT: FY2023 State of Texas Office of the Governor Victim Assistance Grant Program(VOCA)
Award Acceptance Approval and CSC#Assignment
❑ Please forward to City Secretary Added to PD's Internal Log Initials Date
Attached for your review is the Statement of Grant Award for the FY23 State of Texas Office of the Governor
Victim Assistance Grant Program (VOCA) along with the Fund Specific Conditions, and Grantee Standard
Conditions and Responsibilities and CFW signature page. Once reviewed, the award statement will be
forwarded to the City Secretary's Office for a CSC#assignment.
*The M&C was approved in March 2022 and is attached.
M&C Not Required
M&C Required: #22-0170
Form 1295 Number:
Please contact Tracy Lamm at tracv.lamm@fortworthtexas.eov for all questions and concerns.
S�l Nov 8, 2022
Taylor Paris Date
Assistant City Attorney
Nov 8, 2022
Sarah Shannon Date
Supplemental Funding Manager
4Mr Nov 8,2022
leorgia Tucker(Nov 8,202215:10 CST)
Georgia Tucker Date
Finance Manager
11Page
K�71141""e Nov 8, 2022
Keith Morris Date
Assistant Director
Nov 8,2022
Julie Spearingin(Nov 8,202217:17 CST)
Julie Swearingin Date
Assistant Chief
Robert Ildre9,202208:19C5T) Nov 9, 2022
Robert A.Alldredge Jr. Date
Executive Assistant Chief of Police
' c-- Nov 9,2022
Fernando Costa Date
Assistant City Manager
2 Page