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Home My WebLink AboutContract 35812CI�("Y SECRETARY r%�� COfVTRACT Nt� . � `�" GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CITY OF FORT WORTH FOR THE STATE FISCAL YEARS 2008 AND 2009 OAG Contract No. 0802421 This contract is executed between the Office of the Attorney General (OAG) and City of Fort Worth (OVAG 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 Other Victim Assistance Grant (OVAG) program is to accomplish the general public purpose of addressing the unmet needs of crime victims by maintaining or increasing their access to quality services. 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 ofthis grant contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. In general, and subject to the terms, conditions, and limitations of each specific grant contract with each OVAG Grantee, OVAG grant contracts awarded may be used for victim-related services or assistance for the following purposes: a. To provide direct services to crime victims including, but not limited to, counseling, crisis intervention, assistance with Crime Victims' Compensation, legal assistance, victim advocacy, and information and referral; b. To provide outreach or community education to help identify crime victims who might not otherwise be reached and provide or refer them to needed services; c. To connect crime victims to services for the purpose of supporting or assisting in their recovery; d. To train professionals and volunteers to improve their ability to inform crime victims of their rights, to assist crime victims in their recovery, or to establish a continuum of care for crime victims; or e. To provide other support for crime victims, related to services or assistance in aid of the recovery of the victim as determined by the OAG. OVAG Grantee Contract FY08 and FY09 Page 1 of 17 ' `,,5� �d'It �'�`ii 1�i�� J i�1 G'.� uV�/�,�i �:,�' ��.�i��' ; .;�'�j �;!�L t I.. , 3 y�I� �_ �`� �Y",�,✓'1��1� UL�i+�� SECTION 2 TERM OF THE CONTRACT This contract shall begin on September 1, 2007 and shall terminate August 31, 2009, unless it is terminated earlier in accordance with another provision ofthis contract. The OAG is not obfigated to reimburse expenses that were incurred prior to the commencement or after the termination ofthis contract. SECTION 3 OVAG GRANTEE'S CONTRACTUAL SERVICES OVAG Grantee's Compliance with the OVAG/VCLG FY 2008-2009 Grant Application Kit, if not supplemented, amended or adjusted by the OAG. The OVAG Grantee will comp(y with the terms and conditions as set forth and required in the OVAG/VCLG FY 2008-2009 Grant Application Kit, as acknowledged by the OVAG Grantee, to the extent the proposed project, targets, outcomes, outputs, budget and/or any other items do not conflict with any supplemental requirements, amendments, or adjustments made by the OAG during its review of the grant application and/or the terms of this contract. The grant application filed by the OVAG Grantee is adopted by reference and incorporated into this contract. The OAG may adjust the submitted project, targets, outcomes, outputs, budget and/or any other items as deemed appropriate by the OAG, in its so(e discretion, at any time, during the term of this contract. If any adjustments were made by the OAG to the OVAG Grantee's budget, those adjustments will be reflected on the attached Exhibit "A". If any Special Conditions were imposed by the OAG, those provisions will be reflected on the attached Exhibit "B". SECTION 4 REQUIRED REPORTS Required Reports; Form of Reports; Filings with OAG. OVAG Grantee shall forward to the OAG, the applicable reports on forms as specified by the OAG. OVAG Grantee shall establish procedures to 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 OVAG Grantee is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional reports or statistical information from OVAG Grantee, 4.1. Statistical (Performance) Reports. Quarterly Statistical (Performance) Reports. OVAG 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, 2007, March 30, 2008, June 30, 2008, September 30, 2008, December 30, 2008, March 30, 2009, June 30, 2009 and continuing until the last quarterly statistical report which is due on or before September 30, 2009. OVAG Grantee Contract PY08 and rY09 Page 2 of 17 Annual Statistical (Performance) Reports. In addition to the information contained in the quarterly statistical report, other information may be required as requested by the OAG. Contents of Quarterly Statistical Reports. The quarterly statistical reports shail contain, at a minimum, information on the following statistical measures: a. Targets as established by the OAG; b. Outcomes and Outputs as established by the OAG; and c. Program Impact Narratives. 4.2 Written Explanation of Variance. OVAG Grantee may be required to provide a written explanation to the OAG for any variances on the quarterly statistical report for any year-to-date performance by OVAG Grantee that varies from projected performance. In addition to the written explanation, OVAG Grantee shall promptly answer any questions ofthe OAG, whether in writing or otherwise, in connection with the quarterly and annual reports presented to the OAG. 4.3 Cooperation. OVAG Grantee shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by OVAG Grantee which may be conducted by the OAG or its designees. OVAG 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. 4.4 Standards for Financial and Programmatic Management. The OVAG Grantee and its governing body shall bear full and sole responsibility for the integrity ofthe fiscal and programmatic management of the organization. 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. The OVAG Grantee shall develop, implement, and maintain financial management and control systems that include appropriate financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; financial management systems, including accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective interna) and budgetary controls; determination of reasonableness, allocation of costs; and timely and appropriate audits and resolution of any findings; and annual financial statements, including OVAG Grantce Contract FY08 and FY09 Page 3 of 17 statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP). 4.5 Financial Matters 4.5.1 Annual Budgets. With regard to the use of funds pursuant to this contract, OVAG Grantee will immediately review the annual budget for each fiscal year as shown on Exhibit A. 4.5.2 Monthly Reyuest for Reimbursement and Financial Status Report. OVAG Grantee will submit, each month, a monthly request for reimbursement for the actual and allowable allocable costs incurred by the OVAG Grantee for project costs to provide services under this contract. The payments made to OVAG 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, including training, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reim6ursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. Regardless of whether the OVAG Grantee has paid expenses, each month a financial status report will be required. 4.5.3 Fiscal Year End Record of Reimbursement. On or before October 15, 2008 and October 15, 2009, OVAG Grantee will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, including training, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. 4.5.4 Timing of Submission of Request for Reimbursement to the OAG. OVAG Grantee is responsible for submitting bills in an accurate and timely manner for each service period, and shall make every reasonable effort to submit monthly billings to the OAG by the twentieth (20�h) working day following the last working day in any month in the term of this contract. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. OVAG Grantee may submit a make-up claim or a final close-out 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. OVAG Grantee Contract rY08 and FY09 Page 4 of 17 4.5.5 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by OVAG Grantee during the term of this contract. The OAG shall only reimburse OVAG Grantee for employee costs that are directly related to performing the responsibilities of this contract. For all costs submitted for reimbursement by the OAG, OVAG Grantee must comply with the following guidelines, which are incorporated herein by reference and made of part of this contract: Statutory or other Cost Principles Administrative Audit Requirements Requirements Requirements Texas Government UniForm Grant Management UGMS, and if Texas State Single Audit Code, Chapter 783 Standards (UGMS), including Office applicable, Circular, including OMB of Management and Budget (OMB) OMB A-110 A-133 Circulars A-21, A-87, or A-122 Texas Code of Criminal 1 Texas Administrative Code (TAC) 1 TAC § 60 1 TAC § 60 Procedure, Chapter 56 § 60 Statement of Financial Generally Accepted Accounting GAAP GAAP Accounting Standards Principles (GAAP) 4.5.6 Refunds. Ifthe OAG determines that it overpaid OVAG Grantee under this contract, OVAG Grantee shall refund that amount of OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owing, as a reimbursement, but unpaid to OVAG Grantee. OVAG Grantee shall refund any overpayment to the OAG within thirty (30) calendar days ofthe receipt ofthe notice ofthe overpayment from the OAG. 4.5.7 Audit Requirements. Un(ess otherwise noted on Exhibit B(Special Conditions), OVAG Grantee shall timely submit to the OAG a copy of its annual independent financial audit— "timely" means on or before May 31, 2009 and on or before May 31, 2010 for an OVAG Grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the OAG is on or before nine (9) months after the end ofthe OVAG Grantee's accounting year. The OVAG Grantee's independent CPA Firm contracted for the audit engagement will determine the type of annual independent financial audit, in accordance with Single Audit requirements of OMB Circular A-133 (Audits of State, Local Governmental, and Non-Profit Organizations) and/or Texas State Single Audit Circular. If applicable; the OVAG Grantee will provide any and all annual independent financial audits or audited financial statements, related management letters, and management responses of OVAG Grantee. 4.5.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. OVAG Grantee shall follow UGMS or any other applicable OMB Circulars, with regard to usage of the contract funds to acquire equipment and follow those guidelines in the event of return to the OAG of any equipment purchased under this contract with funds allocated to OVAG Grantee. OVAG Grantee shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. OVAG Grantee sha(l permanently identify all equipment purchased under this contract by appropriate tags or labels affiYed to the equipment and to maintain a current OVAG Grantee Contract FY08 and FY09 Page 5 of 17 -� .: --� � 1 O�N�hA � , r�'�.,1�`�!�'��li'°''�� )�`��' ��i"�� .�. ,..,. ��,� �� r :�;r;�'1;; � , � 1 r0� ':'��J1 JV� LGU� �_ i inventory of all equipment or assets, which is available to the OAG at all times upon request. The OVAG Grantee will administer a program ofmaintenance, repair, and protection ofequipment or assets under this contract so as to ensure the full availability and usefulness of such equipment or assets. In the event the OVAG Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said equipment or assets. To the extent that the OAG reimburses the OVAG Grantee for its purchase of equipment and supplies with funds from this contract, the OVAG Grantee agrees that upon termination of the contract, title to or ownership ofall such purchased equipment and supplies, at the sole option ofthe OAG, shall remain with the OAG. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring OVAG Grantee and exercising reasonable care to enforce all terms and conditions of this contract, 5.2 Maximum Liability of OAG. Those provisions of this contract are contained in the attached Exhibit A, including the controlling budget for this contract. In addition to other reasons, prior written approval from the OAG is required ifthe OVAG 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. Any change to the maximum liability ofthe OAG must be supported by a written amendment to this contract. The OAG, at its sole discretion may authorize, in a written amendment to this contract for unexpended FY08 funds to be shi$ed to FY09 and allocated to the FY09 budget, 5.3 Limited Reimbursement of OVAG Grantee Expenses. Subject to the limitations expressed herein, the OAG shall be liable to reimburse OVAG Grantee for all actual and allowable costs incurred by OVAG Grantee pursuant to this contract. The OAG is not obligated to pay unauthorized costs. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement, among other things, depends upon strict compliance with all terms, conditions and provision of this contract and the applicable state and federal, laws and regulations, SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, in its sole discretion, terminate this contract in whole or in part, without recourse, liability or pena(ty, upon thirty (30) calendar days notice to the other party. OVAG Grantee Contract PY08 and FY09 Page 6 of 17 6.2 Termination for Cause. In the event that OVAG 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 OVAG 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 under 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 it nature would be intended to be applicable following any such termination. The following terms and conditions survive the termination or expiration of this contract: Section 4.1; 4.3; 4.5.3; 4.5.4; 4.5.6; 4.5.7; 4.5.8; Section 7; Section 11.1; 11.2; 11.5; 11.8; 11.9; Section 12. SECTION 7 AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. OVAG Grantee shall maintain adequate records to support its charges, procedures, and performances to OAG for all work related to this contract. OVAG 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 United States, 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. OVAG 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 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. OVAG Grantee shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by OVAG Grantee will, at a minimum, identify the supporting documentation prepared by OVAG Grantee to permit an audit of the system by tracing the activities of individuals through the system. OVAG Grantee's automated systems 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. OVAG Grantee ConG•act FY08 and �Y09 Yage 7 oF 17 7.4 Access and Audit. OVAG Grantee shall grant access to and make available copies of all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of OVAG Grantee to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. OVAG Grantee will direct any contractor to discharge OVAG Grantee's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(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 by the sole discretion of the OAG, the OAG shall provide OVAG Grantee with up to five (5) business days advance notice of any such examination or audit. 7.5 Location. Any audit of records shall be conducted at the OVAG Grantee's principal place of business and/or the location(s) of the OVAG Grantee's operations during the OVAG Grantee's normal business hours. OVAG Grantee shall provide to OAG or its designees, on OVAG 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, 7.6 Reimbursement. If an audit or examination revea(s that OVAG Grantee's invoices for the audited period are not accurate, OVAG Grantee shall promptly reimburse OAG for the amount of any overcharge, unallowable or excessive amount. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by the OVAG Grantee. The OAG may require submission of information via facsimile or in an electronic format, including via the internet and/or a web-based data collection method. Unless otherwise indicated by the OAG in writing, the submission of information to the OAG will be by hard-copy to the addresses listed as follows: 8.1 Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted to: Program Manager - Grants and Contracts Section Office of the Attorney General Crime Victims Services Division, Mail Code 005 Post Office Box 12548 Austin, Texas 7871 1-2548 If approved in writing, via email at: CVSGrants@oag.state.tx.us OVAG Grantee Contract FY08 and FY09 Page S of 17 8.2 Financial Reports. All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted to: Financial Manager — Grants and Contracts Section Office of the Attorney General Crime Victim Services Division, Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 SECTION 9 CORRECTIVE ACT[ON PLANS AND SANCTIONS The OAG expects the OVAG Grantee's performance under this contract to continuously meet performance criteria over the term of the contract. It is the intent of the OAG to establish a good working relationship with the OVAG Grantee and to make a good faith effort to identify, communicate and resolve problems found by either the OAG or OVAG Grantee. 9.1 Corrective Action Plans. If the OAG finds deficiencies with the OVAG Grantee's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan; increase monitoring visits; require 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 and the victims of crime. 9.2 Sanctions. The OAG, at its sole discretion, may impose sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withhold or suspend funding, offset previous reimbursements, disallow claims for reimbursement, reduce funding, terminate this contract and/or any other appropriate sanction. 9.3 Corrective Action Plan and/or Sanctions Are Not Waivers. Notwithstanding the imposition of corrective actions and/or sanctions, the OVAG Grantee remains responsible for complying with the contract terms and conditions. Corrective action plans and/or sanctions do not excuse or operate as a waiver of prior failure to comply with contract terms and conditions. S�CTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and Other Relevant Authorities. OVAG Grantee agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of OVAG Grantee under this contract, including any authorities relating to programmatic, financial, accounting and/or funding. OVAG Grantee agrees that it has obtained all OVAG Grantee Conh�act FY08 and FY09 Page 9 of 17 licenses, certifications, permits and authorizations necessary to perform the responsibilities ofthis contract and currentiy is in good standing with all regt�latory agencies that regulate any or all aspects of OVAG Grantee's business or operations. OVAG Grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. OVAG Grantee agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, and UGMS, as amended by revised federal circulars incorporated in UGMS by the Governor� Budget and Planning Office. OVAG Grantee also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart A, ' 14, State Assurances. Further, OVAG Grantee agrees to comply with the applicable OAG Certifications and Assurances, as contained in the OVAGNCLG FY 2008-2009 Grant 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 OMB circulars, return ofgrant funds in the event of loss or misuse, and conflict of interest. 10.3 Generally Accepted Accounting Principles. OVAG Grantee shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants and follow OAG fiscal management policies and procedures in processing and submitting for reimbursement OVAG Grantee's billing and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. OVAG Grantee has not given, offered to give, nor intends 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. OVAG 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. OVAG Grantee will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to their performance under this contract. OVAG Grantee must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their performance under this contract. OVAG Grantee Contract FY08 and FY09 Page 10 of 17 SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. OVAG Grantee expressly agrees that it is an independent contractor and under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of OVAG Grantee be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. OVAG Grantee agrees to take such steps as may be necessary to ensure that each contractor of OVAG Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of OVAG Grantee or any of their contractors shall be considered to be solely the employees or agents of OVAG Grantee or the contractors. OVAG Grantee or contractors shall be responsible for ensuring that there is payment of any and all appropriate payments, such as OVAGNCLG FY 2008-2009 Grant Application Kit 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 R contributions required by law. �= �� -��g? 1 � � � OVAG Grantee or contractors are responsible for all types of claims whatsoever due to the �� y� `� actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, ofiicers, directors, employees, volunteers or any third parties and OVAG 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 their actions or performance under this contract�, The OVAG 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 the OVAG Grantee, its employees, representatives, agents, or subcontractor in th�ir ��.1,� performance under this contract. �_ , _ _ _ - - � ,, �, ,: � �, � �, �, �.. � k Z � j �i1J 11.2 Publicity; Intellectual Property. It is expressly agreed that OVAG Grantee may not name the OAG in general or the Attorney General of the State of Texas specifically, in any publication, promotion, marketing, media release, public service announcement, or any other type of communication by OVAG Grantee (nor may OVAG Grantee authorize anyone else to do so), without the express written consent of the OAG. OVAG 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, OVAG Grantee may copyright such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and OVAG Grantee hereby grants 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 in its sole discretion, any component of such intellectual property made the subject of this contract. OVAG Grantee Contract FY08 and FY09 Page 11 of 17 11.3 No Solicitation or Receipt of Funds on Behalf of OAG. It is eYpressly agreed that any solicitation for or receipt of funds of any type by OVAG Grantee is for the sole benefit of OVAG Grantee and is not a solicitation for or receipt of funds on behalfofthe OAG or the Attorney General of the State of Texas. 11.4 No Subcontracting or Assignment Without Prior Written Approval of OAG. OVAG Grantee may not subcontract or assign any of its rights or duties under this contract without the prior written approval ofthe OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by OVAG Grantee, the OVAG 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 OVAG Grantee's compliance with this contract. The OVAG 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 the OVAG Grantee's subcontractor(s). 11.5 Security and Confidentiality of Records. OVAG Grantee shall establish a method to secure the confidentiality of records and other information relating to clients in accordance with applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 11.6 Notification of Changes in Organization or Contact Information. OVAG Grantee shall immediately notify the OAG of any change in OVAG Grantee's ownership, directors, board members, or personnel (including professional or consulting services) specifically funded under the OVAG grant. OVAG Grantee shall notify the OAG of a new address or main telephone number at least 30 days in advance of any change in the address or telephone number, 11.7 No Grants to Certain Organizations. Consistent with Rider 12, in S.B. 1, Article I, Strategy C.1.2, Victims Assistance, SOth Leg. Reg. Sess. (2007), OVAG Grantee confirms that by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.9 Governing Law; Venue. This contract is made and entered into in the State ofTexas. 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, OVAG 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 OVAG Grantee Contract FY08 and FY09 Page 12 of 17 District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction ofthose courts for the purpose of prosecuting and/or defending such litigation. OVAG 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 OVAG Grantee is not personally subject to the jurisdiction of the above-named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.10 Limitation on Civil Legal Services Providers, lf the OVAG Grantee is a provider of civil legal services to victims of crime, the OVAG Grantee will comply with the Order of the Supreme Court of Texas, Misc. Docket No. 02-0945, to the extend applicable, and in particular, Paragraphs 3, 4, 5, 6, 7, and 8. The Supreme Court Order is incorporated by reference in this contract. Further, the OAG, at its sole discretion, may further limit, authorize or define the scope of permitted legal services by the OVAG Grantee. The OVAG Grantee shall conduct eligibi(ity screening for each individual seeking victim-related civil legal services. The OVAG Grantee agrees to use the intake screening form supplied by the OAG. A copy of all intake screening forms shall be maintained by the OVAG Grantee in a central location and shall be made available to the OAG or any parly the OAG determines should have access to the documents at any reasonable time. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits A and B and Incorporated Documents. This contract, including Exhibits A and B, and any other documents incorporated by reference, reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter, Exhibit A and B are attached and incorporated herein. By executing this contract, OVAG Grantee agrees to strictly comply with the requirements and obligations of this contract, including Exhibits A and B and any other documents incorporated by reference. 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; Non-waiver. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity ofany of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract OVAG Grantee Contract FY08 and FY09 Page 13 of 17 as if it had�never been incorporated herein, but a11 other provisions shall continue in fu(I force and effect. The failure of any Party to insist upon sirict performance of any of the terms or conditions herein, irrespective of the (ength of time of such failure, sha11 not be a waiver of that party's right to -- ------- _ _---- -- -- _ demand sirict 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 shal! constitute a consent or waiver to or of any breach or default in the perforrtiance of the same or any other obligation of this contract. 12.5 Counterparts. This contraci may be executed in one or more counterparts, each of which shall be deemed an original but aIl of which together shafl constitute one and the same instrument. 12.6 Official Capacify. 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 GENERAL � . �� e��' ��_��;��o�- � Office of the`Attoi'ney Geiiera� '"` ' � " � ` Date: AUG 3 i) Z007 CITY OF FORT WORTH - 1 r Date: �� '� � � �`'�� i ._..rl�'-� _ . — - --- c'ontrac� �+�z��o��z��p�� _._� . L-o-o� --- - _.,..`�,-- ��,_i �� OVAG Grantee Contract FY08 and FY09 Page 14 of 17 . , �� _ iti;�r(,, l;r �,, ,�� • ., �Pl�F��'` `' ;',: �� T�C� � t �'� �'�.� � { E_�� .� �A �..I T �: �� .. �- L 1f= � ��_-,-��t; �-�� ASSISTANT GITY ATTnRNEY 4r ��f � � l � r �r / �� '.�IJ ! 11'�� J,� I�.�.��UL./ 'v]�`'�' ��4''��; �� I S7 �:�:;� ;a ;1 � p� �� s? ' �l!, .,.',�}�,'n;� u'SG�� t EXHIBIT A GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GEN�RAL AND CITY OF FORT WORTH FOR THE STATE FISCAL YEARS 2008 AND 2009 OAG Contract No. 0802421 Limitation of Liability of the OAG. The OAG and the OVAG Grantee stipulate and agree that the total liability ofthe OAG to the OVAG Grantee directly or indirectly arising out ofthis contract and in consideration of full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance herein, shall not exceed the following: For State Fiscal Year 2008 (September 1, 2007 to August 31, 2008), the total amount of this contract shall not exceed FIFTY THOUSAND ($50,000) DOLLARS. For State Fiscal Year 2009 (September 1, 2008 to August 31, 2009), the tota( amount of this contract shall not exceed FIFTY THOUSAND ($50,000) DOLLARS. State Fiscal Years 2008 and 2009 Budget. Subject to the limitations within this contract, for State Fiscal Year 2008 (September 1, 2007 to August 31, 2008) and State Fiscal Year 2009 (September 1, 2008 to August 31, 2009), the OAG will reimburse the OVAG Grantee for actual allowable expenses paid according to the following amounts and budget categories for services satisfactorily performed pursuant to this contract: Budget Category FY 2008 FY 2009 Personnel $36,277 $38,091 Fringe Benefits $12,841 $11,909 Professional & Contractual Services $ 0 $ 0 Travel $ 882 $ 0 Equipment $ 0 $ 0 Supplies $ 0 $ 0 Other Direct Operating Expenses $ 0 $ 0 Total $50,000 $50,000 Exhibit A contains the controlling budget for this contract. In addition to other reasons, prior written OVAG Grantee ConU•act FY08 and FY09 Page 15 of ] 7 approval from the OAG is required if the OVAG Grantee anticipates alte►•ing 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. Any change to the ma;cimum liability of the OAG must be supported by a written amendment to this contract The Parties stipulate and 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, without first executing a written amendment to this contract and specifically amending this provision. The Parties acknowledge and agree that nothing in this contract wili be interpreted to create an obligation or liability in excess of the funds currently stated in this contract. The Parties stipulate and agree that funding for this contract is subject to the actual receipt of state funding appropriated by the Texas Legislature for this purpose and such funds are sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance pursuant to this contract. The funding is limited to that available from the Compensation to Victims of Crime Fund No. 469. The Parties further stipulate and agree that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to the OAG for the purpose of this contract. OVAG Grantee Contract PY08 and FY09 Page 16 of 17 EXHIBIT B GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CITY OF FORT WORTH FOR THE STATE FISCAL YEARS 2008 AND 2009 OAG Contract No. 0802421 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. In addition, the OAG, at its sole discretion, may put the OVAG Grantee on immediate financial hold, without any prior verbal or written notice until Special Conditions are met. The following Special Conditions apply to this grant contract: Provide the most recent Annual Independent Financial Audit or Single Audit within 30 days. Submit Attachment B, "Resolution of the Governing Body". OVAG Grantee Contract PY08 and FY09 Page 17 of 17 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/10/2007 - Ord. No. 17643-07-2007 DATE: Tuesday, July 10, 2007 LOG NAME: 350AGFY08 REFERENCE NO.: �`*C-22237 SUBJECT: Authorize the Application and Acceptance of Grant Funds from the Other Victim Assistance Grant from the Office of the Attorney General of Texas' Crime Victim Services and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for and accept, if awarded, grant funds in the amount of $100,000 from the Other Victim Assistance Grant from the Office of the Attorney General of Texas' Crime Victim Services Division; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund in the amount of $100,000 upon receipt of the grant. DISCUSSION: The Other Victim Assistance Grant will fund a position for a bilingual, Spanish-language Victim Assistance Specialist who can provide consistent services throughout the Fort Worth Police Department for victims and their families who need Spanish-language bilingual services. This position will also be responsible for targeting the Hispanic population in the City of Fort Worth in an effort to provide public awareness of victim services available, victim's rights, local resources and crime victims' compensation. Funding of $74,368 will provide the Victim Assistance Specialist's salary for 24 months, $24,750 will fund the associated fringe benefits, and $882 will fund grant required travel and training. FISCAL INFORMATION/CERTIFICATION: The Finance 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 Grant Fund. TO Fund/Account/Centers GR76 451977 035473205000 GR76 5(VARIOUS) 035473205010 Submitted for City Manager's Office bv_ Originatinq Department Head: Additional Information Contact: $100,000.00 $100 000.00 FROM Fund/Account/Centers Joe Paniagua (6191) Ralph Mendoza (4211) Sasha Kane (4243) Logname: 350AGFY08 Page 1 of 1