HomeMy WebLinkAboutContract 47344 CITY SECRETARY �2!L
COMUCT W.
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
CITY OF FORT WORTH
OAG Contract No. 1662261
This contract is executed between the Office of the Attorney General (OAG) and City of Fort
Worth,acting on behlaf ,of,the Fort Worth Police Department(GRANTEE)for certain grant funds,
The Office of the Attorney General and City of Fort Worth may be referred to in this contract
individually as"Party"or collectively as"Parties,"
SECTION 1. PURPOSE OF THE CONTRACT
The purpose Of the Victim Coordinator and Liaison Grant (VCLG) program is to fund the
mandated positions described in the Texas Code of Criminal Procedure,Article 56.04,specifically
Victim Assistance Coordinators(VAC)in prosecutor offices and Crime Victim Liaisons(CVL) in
law enforcement agencies. It is intended that the grants will be awarded through a competitive
selection and allocation process taking into consideration, among other criteria, the number of
victims that may be served by a program. The purpose of this grant contract is to provide
reasonable contractual controls to ensure that the public purposes of the grant are achieved. In
addition to the duties imposed in the Texas Code of Criminal Procedure,Article 56.04(and more
specifically described in Article 56,02),VACS and CVLs are also expected to promote and educate
the community and other professionals about victim rights and services in an effort to identify
crime victims and provide or refer them to needed services. In general, and subject to the
limitations of each specific grant contract with each VCLG Grantee, VCLG grant contracts
awarded must be used for victim-related services or assistance,
SECTION 2. TERM OF THE CONTRACT
This contract shall begin on September 1, 2015 and shall terminate August 31, 2016, unless it is
terminated earlier in accordance with another provision of this contract,
SECTION 3. GRANTEE'S CONTRACTUAL SERVICES
3.1 GRANTEE's Compliance with Grant Application Mt. GRANTEE will comply with
the terms and conditions as set forth and required in the OVAL/VCLG FY 2015-2016 Grant
Application Kit ("Application Kit") if not supplemented, amended or adjusted by the OAG, as
acknowledged by GRANTEE,
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3.2 Establishment of Final Project Budget, Targets, Outputs, Outcomes, and Special
Conditions. The OAG, at its sole discretion, establishes the initial Budget for this grant project,
as reflected on the attached Exhibit A.If any adjustments were made by the OAG to GRANTEE's
budget, those adjustments will be reflected on the attached Exhibit A. The final Narrative, as
submitted by GRANTEE, is attached as Exhibit B. If any Special Conditions were imposed by
the OAG,those provisions will be reflected on the attached Exhibit C.
The OAG,at its sole discretion, will establish the final project targets, outputs, and outcomes. In
addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs,
outcomes,and/or any other items as deemed appropriate by the OAG,at any time,during the term
of this contract.
SECTION 4. GRANT Els OBLIGATIONS AND REQUIRED REPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward
to the OAGthe applicable reports on forms as specified by the OAG.GRANTEE shalt ensure that
it files each document or form required by the OAG in an accurate and timely manner. Unless
filing dates are given herein,all other reports and other documents that GRANTEE is required to
forward to the OAG shall be promptly forwarded. From time to time, the OAG may require
additional information from GRANTEE.
4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG.
In addition to the information contained in the required reports,other information may be required
as requested by the OAG.
4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit within ten(10)business days notice to the OAG of any change
ofthe following: GRANTEE's name;contact information;key personnel,officer,director or partner;
organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall
promptly notify the OAG,preferably in advance,of a change in address or main telephone number
of GRANTEE. A change in GRANTEE's name requires an amendment to the contract.To change an
Authorized Official,GRANTEE must submit a written request on GRANTEE's letterhead,with an
original signature of someone with authority. To change Grant Contact, GRANTEE must submit
a written request on GRANTEE's letterhead signed by the Authorized Official,
4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its
governing body shall bear full and sole responsibility for the integrity of the fiscal and
programmatic management of the organization including financial and programmatic policies and
procedures,
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Such fiscal and programmatic management shall include:accountability for all funds and materials
received from the OAG; compliance with OAG rules, policies and procedures, and applicable
federal and state laws and regulations;and correction of fiscal and program deficiencies identified
through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract
provisions or other requirements referenced in this contract shall not constitute a defense or basis
for waiving or failing to comply with such provisions or requirements.
GRANTEE shall develop,implement,and maintain appropriate financial management and control
systems, which include: budgets that adequately reflect all functions and resources necessary to
carry out authorized activities and the adequate determination of costs; accurate and complete
payroll,accounting,and financial reporting records; cost source documentation;effective internal
and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of
any findings and applicable annual financial statements,including statements of financial position,
activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted
Accounting Principles(GAAP)or other recognized accounting principle.
41.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure
the confidentiality of records required to be kept confidential by applicable federal or state law,
rules or regulations. This provision shall not be construed as limiting the OAG's access to such
records and other information,
4.2 Programmatic Reports
4.2.1 Quarterly Statistical (Performance) Reports. GRANTEE shall forward to the OAG
quarterly statistical reports no later than the 30th day of each month following the end of the
quarter. The four quarters end on the last day of the month of November, February, May and
August, Accordingly,quarterly statistical reports,for each quarter,are due on or before December
30, 2015,March 30,2016, June 30, 2016, and continuing until the last quarterly statistical report
which is due on or before September 30,2016.
Contents of Quarterly Statistical Reports. The quarterly statistical reports shall contain, at a
minimum, information on the following statistical measures:
a. Targets as established by the OAG;
b. Outputs and Outcomes as established by the OAG; and
C. Program Impact Narratives.
4.2.2 'Written Explanation of Variance. GRANTEE is required to provide a written
explanation to the GAG for any variances on the quarterly statistical report for any year-to-date
performance by GRANTEE that varies from projected performance. In addition to the written
explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or
otherwise, in connection with the quarterly and annual reports presented to the OAG.
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4.2,3 Other Program Reports. GRANTEE shall cooperate fully in any social studies,fiscal or
programmatic monitoring,auditing, evaluating,and other reviews pertaining to services rendered
by GRANTEE which may be conducted by the OAG or its designees.
GRANTEE shall submit service delivery reports required by the contract or self-evaluations of
performance and other reports requested by the OAG in appropriate format and on a timely basis
and make available at reasonable times and for reasonable periods client records and other
programmatic or financial records, books, reports, and supporting documents for reviewing and
copying by the OAG or its designees.
4,3 Financial Matters
4.3.1 Grant Budget, With regard to the use of funds pursuant to this contract,GRANTEE will
immediately review the budget as established in this contract.
4.3.2 Monthly Request for Reimbursement and Financial Status Report, Grant hands are
paid on a cost reimbursement basis. GRANTEE, will submit, each month, a monthly request for
reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project
costs to provide services under this contract, The payments made to GRANTEE shall not exceed
its actual and allowable allocable costs to provide the services under this contract.
The request for reimbursement will be submitted to the OAG in the form and manner as approved
by the OAG and will specify the detailed and total expenses for the month, in the following cost
categories; (i)personnel and fringe benefits,reported separately, (ii)professional and consulting
services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The
request for reimbursement must be accompanied by supporting documentation as required by the
OAG. The OAG may from time to time require different or additional supporting documentation.
A request for reimbursement and financial status report are required each month, whether
GRANTEE has paid expenses,or is seeking reimbursement.
4.3.3 Fiscal Year End Required Reports. On or before October 15, 2016, GRANTEE will
submit fiscal year end required reports,
a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses
for the prior fiscal year in the following cost categories; (1)personnel and fringe benefits,
reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment,
(v)supplies,and(vi)other direct operating expenses.
b. Equipment Inventory Report, GRANTEE will submit an Equipment Inventory Report
which provides a record of the current inventory of items purchased, disposed of,replaced
or transferred for any equipment that was purchased with grant funds,
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4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted on Exhibit C
(Special Conditions), GRANTEE shall timely submit to the OAG a copy of its annual independent
financial audit.The timely submission to the OAG is on or before nine (9)months after the end of
GRANTEE's accounting year. Unless, otherwise noted on Exhibit C (Special Conditions),
GRANTEE will contract with an independent CPA firm to perform an annual financial audit
engagement. If applicable,GRANTEE's independent CPA firm will determine the type of annual
financial audit, which may include a compliance attestation in accordance with the requirements
of 2 CFR 200 titled Uniform Administrative Requirement(audits of State,Local Government,and
Non-Profit Organizations) or any subsequent governing document and/or Texas Single Audit
Circular(Single Audit or non-Single Audit financial audit). If applicable,GRANTEE will provide
the OAG with any and all annual independent financial audits or audited financial statements,
related management letters,and management responses of GRANTEE.
4.3.5 Timing of Submission of Request for Reimbursement to the OAG;Close-out Invoice.
GRANTEE is responsible for submitting bills in an accurate and timely manner. Grantee shall
make every reasonable effort to submit monthly billings to the OAG, which cover the previous
month's expenses, so that they are received by the DAG on or before the twentieth (20`h)day of
each month, or if the 201x' falls on a weekend or holiday, the next business day. The OAG will
make all reasonable efforts to promptly process and make payments on properly completed
billings. GRANTEE may submit a final invoice not later than the earlier of(1) forty-five (45)
calendar days after termination of this contract; or(2) forty-five (45) calendar days after the end
of each state fiscal year.
4.3.6 Reimbursement of Actual and Allowable Costs. The DAG shall only reimburse costs
incurred and paid by GRANTEE during the term of this contract. The DAG shall only reimburse
GRANTEE for employee costs that are directly related to performing the responsibilities of this
contract. The OAG is not obligated to reimburse expenses that were incurred prior to the
commencement or after the termination of this contract.
4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid
grant funds under this contract,such as payments made inadvertently or payments made but later
determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of
the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and
deduct the amount of the overpayment from any amount owed to GRANTEE,as a reimbursement,
but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly
from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any
overpayment to the DAG within thirty (30) calendar days of the receipt of the notice of the
overpayment from the OAG unless an alternate payment plan is specified by the DAG.
4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon 'termination.
GRANTEE shall not give any security interest,lien or otherwise encumber any item of equipment
purchased with contract funds. GRANTEE shall permanently identify all equipment purchased
under this contract by appropriate tags or labels affixed to the equipment, GRANTEE shall
maintain a current inventory of all equipment, which shall be available to the OAG at all times
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upon request, however, as between the OAG and GRANTEE title for equipment will remain with
GRANTEE.
GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with
grant funds under this contract so as to ensure the full availability and usefulness of such
equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for
any loss of, destruction of,or damage to the equipment purchased under this contract, it shall use
the proceeds to repair or replace said equipment.
4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct
Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit
Authorization Form. After the direct deposit request is approved by the OAG and the setup is
completed on the Texas Identification Number System by the State Comptroller's Office,payment
will be remitted by direct deposit and the OAG will discontinue providing GRAN'T'EE,with copies
of reimbursement vouchers.
SCCrION 5. OBLIGATIONS OF OAG
5.1 Monitoring, The OAG is responsible for closely monitoring GRANTEE to ensure the
effective and efficient use of grant funds to accomplish the purposes of this contract.
5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the
attached Exhibit A, Any change to the maximum liability must be supported by a written
amendment to this contract.
5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse
GRANTEF,for all actual and allowable allocable costs incurred by GRANTEE pursuant to this
contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the
OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to
previously un-awarded budget categories,changing funds in any awarded budget category by more
than 10%of the annual budget and/or adding new line items to any awarded budget category.
5,4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an
entitlement or right. Reimbursement depends,among other things,upon strict compliance with all
terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act,
action or representation by either party, their agents or employees that purports to increase the
maximum liability of the OAG is void, unless a written amendment to this contract is first
executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation
or liability of the OAG in excess of the funds delineated in this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the
actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG.
GRANTEE agrees that the grant funds, if any,received from the OAG are limited by the term of
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each state biennium and by specific appropriation authority to and the spending authority of the
OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other
provision of this contract, if the OAG is not appropriated the funds or if the OAG does not
receive the appropriated funds for this grant program, or if the funds appropriated to the
OAG for this grant program,are required to be reallocated to fund other state programs or
purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this
contract.
SECTION 6. TERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
contract, without recourse, liability or penalty, upon thirty (30) calendar days notice to the other
party.
6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an
obligation of the terms, conditions and provisions of this contract, the OAG may, upon written
notice of the breach to GRANTEE, immediately terminate all or any part of this contract.
6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination
is not an exclusive remedy, but will be in addition to any other rights and remedies provided in
equity,by law,or tinder this contract.
Termination of this contract for any reason or expiration of this contract shall not release the Parties
from any liability or obligation set forth in this contract that is expressly stated to survive any such
termination or by its nature would be intended to be applicable following any such termination.
The following terms and conditions,(in addition to any others that could reasonably be interpreted
to survive but are not specifically identified),survive the termination or expiration of this contract:
Sections 4,5,7, 11 and 12.
SECTION 7. AUDIT RIGHTS;RECORDS RETENTION
7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the
OAG to verify all reporting measures and requests for reimbursements related to this contract.
GRANTEE also shall maintain such records as are deemed necessary by the OAG,OAG's auditor,
the State Auditor's Office or other auditors of the State of Texas,the federal government, or such
other persons or entities designated by the OAG, to ensure proper accounting for all costs and
performances related to this contract.
7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years
after the submission of the final expenditure report, or until full and final resolution of all audit or
litigation matters which arise after the expiration of the four(4)year period after the submission
of the final expenditure report, whichever time period is longer, such records as are necessary to
fully disclose the extent of services provided under this contract, including but not limited to any
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daily activity reports and time distribution and attendance records,and other records that may show
the basis of the charges made or performances delivered.
7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability
for all reporting measures and requests for reimbursement. Audit trails maintained by GRANTEE
will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an
audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby
authorized personnel have the ability to audit and to verify contractually required performances
and to establish individual accountability for any action that can potentially cause access to,
generation of,or modification of confidential information.
7.4 Access And Audit. At the request of the OAG,GRANTEE shall grant access to and make
available all paper and electronic records, books, documents, accounting procedures, practices,
and any other items relevant to the performance of this contract,compliance with applicable state
or federal laws and regulations, and the operation and management of GRANTEE to the OAG or
its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will
direct any other entity,person,or contractor receiving funds directly under this contract or through
a subcontract under this contract to likewise permit access to, inspection of, and reproduction of
all books,records,and other relevant information of the entity,person,or contractor(s)that pertain
to this contract. All records, books, documents, accounting procedures, practices, and any other
items, in whatever form, relevant to the performance of this contract, shall be subject to
examination or audit. Whenever practical as determined at the sole discretion of the OAG, the
OAG shall provide GRANTEE with up to five (S) business days advance notice of any such
examination or audit.
7.S State Auditor. In addition to and without limitation on the other audit provisions of this
contract,pursuant to Section 2262.003 of the Texas Government Code,the State Auditor's Office
may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds
from the State directly under this contract or indirectly through a subcontract under this contract.
The acceptance of funds by GRANTEE or any other entity or person directly under this contract
or indirectly through a subcontract under this contract acts as acceptance of the authority of the
State Auditor's Office,under the direction of the Legislative Audit Committee,to conduct an audit
or investigation in connection with those funds. Under the direction of the Legislative Audit
Committee,GRANTEE or another entity that is the subject of an audit or investigation by the State
Auditor's Office must provide the State Auditor's Office with access to any information the State
Auditor's Office considers relevant to the investigation or audit. GRAN'T'EE further agrees to
cooperate fully with the State Auditor's Office in the conduct of the audit or investigation,
including providing all records requested. GRANTEE shall ensure that this paragraph concerning
the authority to audit funds received indirectly by subcontractors through GRANTEE and the
requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall
at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent
books, documents,working papers,and records of GRANTEE related to this contract.
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7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of
business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business
hours, GRANTEE shall provide to OAG or its designees,on GRANTEE's premises(or if the audit
is being performed of a subcontractor, the subcontractor's premises if necessary) private space,
office furnishings (including lockable cabinets), telephone and facsimile services, utilities and
office-related equipment and duplicating services as OAG or its designees may reasonably require
to perform the audits described in this contract.
SEC'T'ION 8, SUBMISSION OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by GRANTEE. The
OAG generally requires submission of information via email or hard copy format. Some reporting
requirements must occur via the internet and/or a web-based data collection method.
8.1 Programmatic Reports, Notices and information (excluding Financial Reports), All
quarterly statistical reports, annual performance reports, correspondence, and any other
reports, notices or information,except financial reports specified below,must be submitted
via email to:
OAG-Grants@texasauorneygeneral.gov
texasattorneygeneral.gov
If requested or approved by the OAG,other programmatic reports may be submitted to:
Program Manager—Contracts and Asset Management Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin,Texas 78711-2548
8.2 Financial Reports (excluding Programmatic Reports, Notices and Information). All
financial status reports, requests for reimbursement, audits, and inventory reports, must be
submitted in hard copy format to:
Financial Manager—Contracts and Asset Management Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
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The Annual Independent Financial Audit and related documents, as well as any other reports, if
requested or approved by the OAG, may be submitted to:
OAG-Grants@texasattorneygeneral.gov
SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to matte a good faith effort to identify,communicate and resolve problems found
by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies in GRANTEE's performance
under this contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase in monitoring visits; require that additional
or more detailed financial and/or programmatic reports be submitted; require prior approval for
expenditures;require additional technical or management assistance and/or make modifications in
business practices; reduce the contract amount; and/or terminate this contract. The foregoing are
not exclusive remedies, and the OAG may impose other requirements that the OAG determines
will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information may result in the OAG, at its sole discretion, placing
GRANTEE on immediate financial hold without further notice to GRANTEE and without first
requiring a corrective action plan. No reimbursements will be processed until the requested
information is submitted.If GRANTEE is placed on financial hold,the OAG,at its sole discretion,
may deny reimbursement requests associated with expenses incurred during the time GRANTEE
was placed on financial hold.
9.3 Sanctions.In addition to financial hold,the OAG,at its sole discretion,may impose other
sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may
impose sanctions, including, but not limited to, withholding or suspending funding, offsetting
previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing
funding, terminating this contract and/or any othor appropriate sanction. Any sanction imposed
shall not exceed the dollar amount the GRANTEE has received from OAG at the time sanction is
imposed.
9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, GRANTEE remains responsible for complying with the contract terms and conditions.
Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of
prior failure to comply with this contract.
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SECTION 10, GENERAL,TERMS AND CONDITIONS
10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, Code of
Federal Regulations(CFR)and Other Relevant Authorities.GRANTEE agrees to comply with
all applicable federal and state laws, rules and regulations, directives, guidelines, 2 CFR 200, or
any other authorities relevant to the performance of GRANTEE under this contract.
10.2 Uniform Grant Management Act,UGMS and Applicable Standard Federal and State
Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive
orders,regulations and policies as well as Texas Government Code,Chapter 783,and the Uniform
Grant Management Standards(UGMS).Further,GRANTEE agrees to comply with the applicable
OAG Certifications and Assurances,as contained in the Application Kit,including,but not limited
to,the equal employment opportunity program certification,disclosure and certification regarding
lobbying, non-procurement debarment certification, drug-free workplace certification, annual
single audit certification, compliance with annual independent financial audit filing requirement,
compliance with UGMS and the applicable 2 CFR 200, return of grant funds in the event of loss
or misuse,and conflict of interest.
10.3 Generally Accepted Accounting Principles or Other Recognized Accounting
Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP)
promulgated by the American Institute of Certified Public Accountants, unless other recognized
accounting principles are required by GRANTEE. GRANTEE shall also follow OAG fiscal
management policies and procedures in processing and submitting requests for reimbursement and
maintaining financial records related to this contract.
10.4 Conflicts of Interest, Disclosure of Conflicts. GRANTEE has not given, or offered to
give, nor does Grantee intend to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or
employee of the OAG, at any time during the negotiation of this contract or in connection with
this contract, except as allowed under relevant state or federal law. GRANTEE will establish
safeguards to prohibit its employees from using their positions for a purpose that constitutes or
presents the appearance of a persona[ or organizational conflict of interest or personal gain.
GRANTEE will operate with complete independence and objectivity without an actual,potential
or apparent conflict of interest with respect to its performance under this contract. GRANTEE
must disclose, in writing,within fifteen (15) calendar days of discovery, any existing or potential
conflicts of interest relative to its performance under this contract.
10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
responsibilities of this contract and currently is in good standing with all regulatory agencies that
regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain
in good standing with the Texas Secretary of State,the Texas Comptroller of Public Accounts and
federal governmental bodies related to GRANTEE's right to conduct its business in Texas.
GRANTEE agrees to comply with all applicable licenses, legal certifications,inspections,and any
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other applicable local ordinance or state or federal Iaws.
SECTION 11. SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold harmless Agreement.
GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall
any owner, incorporator, officer, director, employee, or volunteer of GRANTEE.be considered a
state employee, agent,servant,joint venturer,joint enterpriser or partner of the OAG or the State
of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor
of GRANTEE will be deemed to be an independent contractor and will not be considered or
permitted to be an agent,servant,joint venturer,joint enterpriser or partner of the OAG.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of
GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE
or GRANTEE's contractors. GRANTEE or GRANTEE's contractors shall be responsible for
ensuring that any and all appropriate payments are made, such as unemployment, workers
compensation, social security, any benefit available to a state employee as a state employee, and
other payroll taxes for such persons, including any related assessments or contributions required
by law.
To the extent allowed by law, GRANTEE or contractors are responsible for all types of
claims whatsoever due to actions or performance under this contract, including, but not
limited to,the use of automobiles or other transportation,taken by its owners,incorporators,
officers,directors,employees,volunteers or any third parties. To the extent allowed by law,
GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State
of Texas from and against any and all claims arising out of actions or performance of
GRANTEE OR GRANTEE's contractors under this contract. To the extent allowed by law,
GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from
any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees,
and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful
act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in
their performance under this contract.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or
indirectly in any media release,public service announcement or public service disclosure relating
to this contract or any acquisition pursuant hereto, including in any promotional or marketing
materials, without first obtaining written consent from the OAG. This section is not intended to
and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas
Open Meetings Act and/or the Texas Public Information Act.
11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained
under this contract may be used to produce original books, manuals, films, or other original
material and intellectual property,GRANTEE may copyright such material subject to the royalty-
VCLG Contract FY 2016
Page 12 of 20
free,non-exclusive,and irrevocable license which is hereby reserved by the OAG and granted by
GRANTEE to the OAG or the state(or federal government, if federal funds are expended in this
grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare
derivative works,publish and distribute,at no additional cost to the OAG,in any manner the OAG
deems appropriate at its sole discretion, any component of such intellectual property made the
subject of this contract.
11.4 Program Income.Gross income directly generated from the grant funds through a project
or activity performed under this contract are considered program income. Unless otherwise
required under the terms of this contract, any program income shall be used by GRANTEE to
further the program objectives of the project or activity funded by this grant, and the program
income shall be spent on the same project or activity in which it was generated. GRANTEE shall
identify and report this income in accordance with the OAG's reporting instructions. GRANTEE
shall expend program income during this contract term; program income not expended in this
contract term shall be refunded to the OAG.
11.5 No Supplanting;. GRANTEE shall not supplant or otherwise use funds from this contract
to replace or substitute existing funding from other sources that also supports the activities that are
the subject of this contract.
11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any
solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE
and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of
the State of Texas.
11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG.
GRANTEE may not subcontract or assign any of its rights or duties under this contract without
the prior written approval of the OAG. It is within the OAG's sole discretion to approve any
subcontracting or assignment. In the event the OAG approves subcontracting or assignment by
GRANTEE, GRANTEE will ensure that its contracts with others shall require compliance with
the provisions of this contract to the extent compliance is needed to support GRANTEE's
compliance with this contract. GRANTEE, in subcontracting for any performances specified
herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring
that all performance is in compliance with this contract and that the OAG shall not be liable in any
manner to GRANTEE's subcontractor(s).
11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this contract
that it does not make contributions to campaigns for elective office or endorse candidates.
11.9 Merging Entities. If GRANTEE merges with an organization that is currently
receiving VCLG grant funds for the same purpose, directly from the OAG, and the merger is
completed during the current contract term,the standing organization may seek reimbursement for
the remaining OAG funding of the dissolving organization in addition to the standing organizations
current funding.
VCLG Contract-FY 2016
Page 13 of 20
If GRAN'T'EE merges or is absorbed by a non OAG funded organization, GRANTEE's contract
will be terminated. The non-OAG funded organization cannot seek the funding of the dissolving
organization for the current grant period.
11.10 No Waiver of Sovereign Immunity, The Parties agree that no provision of this contract
is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities
from suit or from liability that the OAG or the State of Texas may have by operation of law.
11.11 Governing Law; Venue. This contract is made and entered into in the State of Texas.
This contract and all disputes arising out of or relating thereto shall be governed by the laws of the
State of Texas,without regard to any otherwise applicable conflict of law rules or requirements.
Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit,
litigation or other proceeding(collectively"litigation")arising out of or in any way relating to this
contract shall be commenced exclusively in the Travis County District Court or the United States
District Court in the Western District,Austin Division, and to the extent allowed by law, hereby
irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for the
purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees
not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any
claim that GRANTEE is not personally subject to the jurisdiction of the above-named courts;the
suit, action or proceeding is brought in an inconvenient forum;and/or the venue is improper.
11.12 U.S. Department of Homeland Security's E-Verify System. GRANTEE will ensure
that it utilizes the U.S. Department of Homeland Security's E-Verify system to determine the
eligibility of any new employee hired after the effective date of this agreement who will be working
on any matter covered by this agreement.
11.13 Limitation on Civil Legal Services Providers.If GRANTEE is a provider of civil legal
services to victims of crime, and if the purpose of the grant funds is to provide legal services to
victims of crime, GRANTEE shall comply with the following:
11.13.1 Services to indigent Clients. GRANTEE shall provide victim-related civil legal
services directly to indigent victims, indigent immediate family members of indigent victims, or
indigent claimants."Indigent"means an individual who earns not more than 187 YM of the federal
poverty guidelines published by the United States Department of Health and Human Services.
Victims, immediate family members of victims and claimants are defined in Article 56.32 of the
Texas Code of Criminal Procedure.
11.13.2 Eligibility Screening. GRANTEE shall conduct eligibility screening for each individual
seeking victim-related civil legal services. GRAN'T'EE agrees to use the intake screening form
supplied by the OAG,A copy of all intake screening forms shall be maintained by GRANTEE in
a central location and shall be made available to the OAG or any party the OAG determines should
have access to these documents at any reasonable time.
VCLG Contract-FY 2016
Page 14 of 20
11.13.3 No Cases Resulting in Fees. Grant funds to organizations to provide legal services to
the victims of crime,immediate family members or claimants in civil matters shall not be used for
any case or matter that, if undertaken on behalf of an indigent person by an attorney in private
practice, might reasonably be expected to result in payment of a fee for legal services from an
award to a client from public funds,or from the opposing party.
The above provisions may not be applicable in any case where GRANTEE determines in good
faith that the indigent person seeking legal assistance has made reasonable efforts to obtain the
services of an attorney in private practice for the particular matter(including contacting attorneys
in private practice in the county of residence of the indigent person who normally accept cases of
a similar nature), and has been unable to obtain such services because the potential fee is
inadequate,is likely to be uncollectible,would substantially consume any recovery by the client,
or because of any other reason which the organization, acting in good faith, believes prevents the
client from obtaining the services of a private attorney.
11.13.4 Other Restrictions. Grant funds shall not be used to directly fund class action suits,
lawsuits against governmental entities, or lobbying for or against any candidate or issue. Grant
funds shall not be used to sue or otherwise support a cause of action, claim, or defense against the
State of Texas or the Office of the Attorney General,except as specifically provided below.
Grant funds may be used to support a lawsuit brought by an individual, solely on behalf of the
individual or the individual's dependent or ward, to compel a governmental entity to provide
benefits that the individual or the individual's dependent or ward is expressly eligible to receive,
by statute or regulation, including social security benefits,temporary assistance to needy families,
financial assistance under Chapter 31, Texas Human Resources Code, food stamps, special
education for persons with disabilities, Medicare, Medicaid, subsidized or public housing, and
other economic,shelter or medical benefits provided by a government entity directly to an indigent
individual, but not to support a claim for actual or punitive damages,
Grant funds shall not be used to support any legal action seeking to establish, obtain or appeal
Compensation for Crime Victims payments as administered by the Office of the Attorney General.
11.13.5 Cooperation and Collaboration. GRANTEE will cooperate and collaborate in their
service areas with (a)all other organizations providing civil legal services to the indigent, (b)the
local organized bar,(c)relevant social and human service organizations,(d)relevant governmental
agencies, and(e)other organizations that specifically provide victim related services.
11.13.6 Professional Conduct. In accepting and pursuing matters for clients, GRANTEE shall
adhere to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of
Disciplinary Procedure and any other code or rules of professional responsibility adopted by this
state for attorneys. GRANTEE should exercise reasonable prudent judgment and consider all
relevant factors, including the legal merits and the economic and practical value of the matter,
VC1.G Contract-FY 2016
Page 15 of 20
M13.7 Retainer Agreements and Private Referrals, Except for matters involving limited
advice and brief services(e.g. clinics, hotlines, and similar services), GRANTEE shall execute a
written retainer agreement, or letter of engagement, containing appropriate provisions for
withdrawal of representation, with each client who receives legal services from GRANTEE. For
cases that are referred by GRANTEE to a private attorney,GRANTEE shall make available to the
accepting attorney a standard form retainer agreement which may be modified based on the
agreement between the attorney and client.
The OAG,at its sole discretion,may further limit,authorize or define the scope of permitted legal
services offered by the GRANTEE.
SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section I are intended to be a general
introduction to this contract. To the extent the terms and conditions of this contract do not address
a particular circumstance or are otherwise unclear or ambiguous,such terms and conditions are to
be construed consistent with the general objectives, expectations and purposes of this contract.
12.2 Entire Agreement, including All Exhibits. This contract, including all exhibits, reflects
the entire agreement between the Parties with respect to the subject matter therein described, and
there are no other representations (verbal or written_), directives, guidance, assistance,
understandings or agreements between the Parties related to such subject matter.By executing this
contract, GRANTEE agrees to strictly comply with the requirements and obligations of this
contract, including all exhibits,
12,3 Amendment. This contract shall not be modified or amended except in writing,signed by
both parties.Any properly executed amendment of this contract shall be binding upon the Parties
and presumed to be supported by adequate consideration.
12.4 .Partial Invalidity. If any term or provision of this contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other
provisions. The illegal or invalid provision shall be deemed severable and stricken from the
contract as if it had never been incorporated herein, but all other provisions shall continue in full
force and effect.
12.5 Non-waiver.The failure of any Party to insist upon strict performance of any of the terms
or conditions herein,irrespective of the length of time of such failure,shall not be a waiver of that
party's right to demand strict compliance in the future. No consent or waiver,express or implied,
to or of any breach or default in the performance of any obligation under this contract shall
constitute a consent or waiver to or of any breach or default in the performance of the same or any
other obligation of this contract,
VCLG Contract-FY 2016
Page 16 of 20
i
I
12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing,
executing and performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY CITY OF FORT WORTH
GENERAL
Printed Name; , ✓f e Printed Name:
Office of the Attorney General Authorized Official
m
cOnt-raGt: Author t i
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i
VCLG Contract-FY 2016
Page 17 of 20
T ✓((in l;'e,Y/ �pA4N, ��.�iI,��U" I/n'6'+� R;��� i
uu�li��� I� v1�I1'W'W�r ���&� it ar BJ� PJ
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F�w W 1°k��RI M
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
CITY OF FORT WORTH
OAG Contract No. 1662261
EXHIBIT A
Maximum Liability of the OAG, The OAG and GRANTEE agree the total liability of the OAG
to GRANTEE, directly or indirectly, arising out of this contract and for reimbursement of all
expenses, shall not exceed the following:
FORTY-TWO THOUSAND AND 00/100($42,000.00)DOLLARS.
Budget, Subject to the limitations within this contract, the OAG will reimburse GRANTEE for
actual allowable and allocable costs paid according to the following amounts and budget
categories:
Budget Category State Fiscal Year
2016
Personnel $42,000
Fringe Benefits $0
Professional& Consultant Services $0
Travel $0
Equipment $0
Supplies $0
Other Direct Operating Expenses $0
Total $42,000
VCLG Contract-FY 2016
Page 18 of 20
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
CITY OF FORT WORTH
OAG Contract No. 1662261
EXHIBIT B
GRANT NARRATIVE
UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL
CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET
MODIFICATIONS, the following narrative provided by GRANTEE in its grant application
applies to this contract:
The Victim Assistance Specialist will focus on two activities, 1)providing direct services to
victims of violent crime and to those that are of Hispanic origin and 2)providing prevention
education and outreach. These activities were chosen because they will be effective in
connecting and educating known and unknown victims to local services.
•Sending crime victims'rights,crime victims compensation information and resource
information to victims of all violent crime offenses;
• Reviewing offense reports to identify cases where more intense follow-up is necessary. These
may include aggravated assault,sexual assault,homicide, and child cases,etc. Follow-up will
include telephone calls to victims, home visits,and/or meeting with victim in the division
headquarters as appropriate;
•Providing Spanish-speaking services to victims and assisting Fort Worth Police Department
detectives as needed with translation services;-Providing prevention materials and/or
presentations to community groups,schools,human service agencies,etc.;
•Participating in the Tarrant County Coalition of Crime Victim Services monthly meeting to
provide staff with increased awareness of resources available for victims;
•Providing assistance to Fort Worth Police Department,detectives as needed, including being
available after hours as needed to provide on-scene assistance to serious offenses.
VCLG Contract-FY 2016
Page 19 of 20
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
CITY OF FORT'WORTH
OAG Contract No, 1662261
EXHIBIT C
SPECIAL CONDITIONS
Special Conditions are imposed by the OAG, at its sole discretion. In addition to the ones
identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional
special conditions,with or without notice,without amending this contract.
The OAG is placing GRANTEE on immediate financial hold, without further notice, until all
Special Conditions, if any, listed in this Exhibit are met.
The following Special Conditions apply to this contract:
• Provide most recent Annual Independent Financial Auditor Single Audit within 30 days.
• Submit signed "Resolution of the Governing Body"
• Revise job description to reflect activities appropriate for time spent on grant.
VCLG Contract-FY 2016
Page 20 of 20
City Fort Wort , Texas
Mayor uncil Communication
COUNCIL ACTION: Approved on 9/1/2015 —Ordinance No.21850-09-2015 &Resolution No.
4506-09-2015
DATE: Tuesday, September 01, 2015 REFERENCE NO.: **C-27441
LOG NAME: 35FY160AG
SUBJECT:
Ratify Application for and Authorize Acceptance of, if Awarded,the Victim Coordinator and Liaison Grant
from the Office of the Attorney General in an Amount Not to Exceed$84,000.00,Authorize Execution of a
Contract with the Office of the Attorney General,Adopt Resolution in Order to Make Required Assurances
and Adopt Appropriation Ordinance(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the application for the Fiscal Year 2016-2017 Victim Coordinator and Liaison Grant from the
Office of the Attorney General of Texas, Crime Victim Services Division;
2. Authorize the acceptance of grant funds in an amount not to exceed$84,000.00,if awarded;
3. Authorize the execution of a contract with the Office of the Attorney General of Texas;
4. Adopt the attached resolution to make the assurances required by the Victim Coordinator and Liaison
Grant; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund in the amount of$84,000.00 upon receipt of the grant.
DISCUSSION:
The Victim Coordinator and Liaison Grant will fund a bilingual, Spanish—language Victim Assistance
Specialist position within the Fort Worth Police Department. The Victim Assistance Specialist will provide
support throughout the Fort Worth Police Department to victims and their families who need Spanish
language bilingual services. This position is responsible for working with victims of violent crimes to provide
information on the law enforcement process,victims'rights,local resources and crime victims'compensation.
The Office of the Attorney General began funding this program in September 2008 and has continued to fund
the program for seven years.
Funding in the amount of$84,000.00 will provide the Victim Assistance Specialist's salary for 24 months.
The associated fringe benefits will be covered by the General Fund.The City of Fort Worth is not required to
provide matching funds. Indirect costs are not an eligible budget category under this grant.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant and adoption of the attached appropriation ordinance,funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
5) GR76 451977 035473XXX010 $42.000.00
5) GR76 5(VARIOUS) 035473XXX010 $41000.00
5) GR76 451977 035473XXX020 $42.000.00
5) GR76 5(VARIOUS) 035473XXX020 $42.000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Rudolph Jackson (6888)
Originating Department Head: Rhonda K. Robertson (42 10)
Additional Information Contact: Sasha Kane (4243)
ATTACHMENTS
1. 35FY160AG AO FY2015.docx
2. 35FY160AG Resolution.doc