HomeMy WebLinkAboutContract 42709 (2)CITY SECRETARY
CONTRACT NO. �T
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
CITY OF FORT WORTH POLICE DEPARTMENT
OAG Contract No. 1226620
This contract is executed between the Office ofthe Attorney General (OAG) and City ofFort Worth
Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and
City of Fort Worth Police Department 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, 2011 and shall terminate August 31, 2012, unless it is
terminated earlier in accordance with another provision ofthis contract. The OAG is not obligated
to reimburse expenses that were incurred prior to the commencement or after the termination of this
contract.
SECTION 3 GRANTEE'S CONTRACTUAL SERVICES
3.1 GRANTEE's Compliance with the OVAGNCLG FY 2012-2013 Grant Application Kit.
GRANTEE will comply with the terms and conditions as set forth and required in the OVAGNCLG
FY 2012-2013 Grant Application Kit ("Application Kit") if not supplemented, amended or adjusted
by the OAG, as acknowledged by GRANTEE.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
11-0�-11 A11:25 IN
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, and as further modified by the OAG, 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 GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS
4A General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to
the OAG, the applicable reports on forms as specified by the OAG. 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
GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the
OAG may require additional information from GRANTEE.
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.
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 of
the 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.
GRANTEE must submit a written request by the governing body on GRANTEE'S letterhead, with
original signature, to change an Authorized Official. GRANTEE, by an email, fax or GRANTEE
letterhead signed by the Authorized Official, may request a change to the Grant Contact,
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.
Such fiscal and programmatic management shall include accountability for all funds and materials
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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 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 internal and
budgetary controls; determination of reasonableness, allocation of costs; and timely and appropriate
audits and resolution of any findings; and 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.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure
the confidentiality of records and other information relating to services provided 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.
4.2 Programmatic Reports
4.2.1 Quarterly Statistical (Performance) Reports. GRANTEE shalt forward to the OAG
quarterly statistical reports no later than the 30th day of each month fol lowing 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, 20111
March 30, 2012, June 30, 2012, and continuing until the last quarterly statistical report which is due
on or before September 30, 2012. If this contract is extended, the quarterly statistical reports are
likewise extended.
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 OAG 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.
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
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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 funds 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 financial status report is required each month, whether GRANTEE has paid expenses, or is
seeking reimbursement.
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4.3.3 Fiscal Year End Required Reports. On or before October 15, 24H nd, if this contract is
extended, October 15,.1-rment.
EE will submit fiscal year end required reports.
a. RecordofReimburGRANTEE 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, (iv) equipment, (v)
supplies, and (vi) other direct operating expenses.
b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report
which provides record of the current inventory of items purchased, disposed, replaced or
transferred of any equipment purchased with grant funds.
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 — "timely" means on or before May 31, 2012 and, if this contract is extended, on or
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before May 31, 2013 for a 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 of GRANTEE's
accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial
audit engagement. 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 OMB
Circular A-133 (audits of State, Local Government, and Non -Profit Organizations) and/or Texas
Single Audit Circular (Single Auditor 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, and shall make
every reasonable effort to submit monthly billings to the OAG, which cover the previous month Is
expenses, so that they are received by the OAG on or before the twentieth (20`h) day of each month,
or if the 20`h 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 OAG shall only reimburse costs
incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse
GRANTEE for employee costs that are directly related to performing the responsibilities 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
Tom GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any
overpayment to the OAG 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 OAG.
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 or assets, which is available to the OAG at all times upon request.
GRANTEE will administer a program of maintenance, repair, and protection ofequipmentor assets
under this contract so as to ensure the full availability and usefulness of such equipment or assets. In
the event 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
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repair or replace said equipment or assets.
To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies with
funds from this contract, GRANTEE agrees that upon termination of the contract, title to or
ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain
with the OAG.
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 GRANTEE with copies of
reimbursement vouchers.
SECTION 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 liable to reimburse GRANTEE
for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The
OAG is not obligated to pay unauthorized costs. In addition to other reasons, 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, without first executing a written amendment to this contract.
GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability
of the OAG in excess of the funds as stated in this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual
receipt ofgrant funds (state and/or federal) appropriated to the OAG 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. GRANTEE agrees 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 and the spending authority of
VCLGContract -FY2012 Ca( �"j CFw
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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 the purpose of this grant program, or if the appropriated
funds made for the purposes of this grant program, are deemed, in the sole discretion of the
OAG, 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 in whole or in part, 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 under this contract.
Termination of this contract for any reason or expiration ofthis 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, (in addition to any others that could reasonabl)-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 to support its
charges, procedures, and performances to the OAG for all work 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 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. 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
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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 accountaty
for updates to mission critical information, charges, procedures, and performances. Audit trails
maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by
GRANTEE to permit an audit of the system by tracing the activities of individuals through the
system. 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.
7.4 Access and Audit. GRANTEE shall grant access to and make available copies ofall paper
and electronic records, books, documents, accounting procedures, practices, and any other items
relevant to the performance ofthis contract, compliance with the 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 contractor to
discharge 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 at the sole discretion of the OAG, the OAG shall provide 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 GRANTEE's principal place of
business and/or the locations) 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 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.
SECTION 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.
S.1 Programmatic 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 via email to:
OAG-Grants@oag.state.tx.us
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[f requested or approved by the OAG, other programmatic reports, may be submitted to:
Program Manager —Grants Administration Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
8.2 Financial Reports (excluding Programmatic Reports and Information). All financial
status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard
copy format to:
Financial Manager —Grants Administration Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
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@oag.state.tx.us
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SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to make 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 with 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.
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, withhold or suspend funding, offset previous
reimbursements, require repayment, disallow claims for reimbursement, reduce funding, terminate
this contract and/or any other appropriate sanction.,At\, sanG4;trn rn Gr j'rN TES no'r
A k-OoNyM '� .li c\ (\
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.
SECTION 10 GENERAL TERMS AND CONDITIONS
10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and
Other Relevant Authorities. 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 GRANTEE under this contract.
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Vol 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 the Uniform Grant Management Act of 1981 (UGMA),
Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform
Grant Management Standards (UGMS), as promulgated by the Governor's Budget and Planning
Office. 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 OMB circulars, 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, and follow OAG fiscal management policies and procedures in
processing and submitting for reimbursement GRANTEE's billing and maintaining financial records
related to this contract.
10.4 Conflicts of Interest; Disclosure of Conflicts. 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. 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. GRANTEE will operate with complete
independence and objectivity without actual, potential or apparent conflict of interest with respect to
their 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 their
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, Texas Comptroller of Public Accounts and related
Federal governmental bodies related to GRANTEE's right to conduct it business in Texas.
GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any
other applicable local ordinance, state, or federal laws. If GRANTEE is a law enforcement agency
regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance
with all rules developed by the Texas Commission on Law Enforcement Officer Standards and
Education.
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SECTION 11 SPECIAL TERMS AND CONDITIOiVS
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 owners,
incorporators, officers, directors, employees, or volunteers 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 OAG.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of their
contractors shall be considered to be solely the employees or agents of GRANTEE or the
contractors. GRANTEE or contractors shall be responsible for ensuring that there is payment of any
and all appropriate payments, 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.
GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions
CIe����i b 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 and GRANTEE and/or contractors will indemnify and hold
harmless the OAG an
the State of Texas from and against any and all claims arising out of
their ac ions or per ormance under this contract. RANTEE 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 the written consent from the OAG. This section is not intended 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 -free, non.
exclusive, and irrevocable license which is hereby reserved by the OAG and 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 at its sole discretion, any component of such intellectual property made the subject of
VCLG Contract - FY 2012 V��f, a ,.ut (..Fw' V C k� C:.rk'c`C�
Page 17 of 19
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 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. ('RANTEF, confirms that by executing this contract
that it does not make contributions to campaigns for elective office or endorse candidates.
$-� N TE e)
11.9 No Waiver of Sovereign Immunity. The Part' s agree that no provision of this contract is
in any way intended to constitute a waiver by the OAG r 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.
11.10 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
VCLG Contract - FY 2012 C� C Fw V C. LC Cz.wV-fti C4
Page 13 of 19
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 consent 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.
11.11 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:
11.11.1 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'/2% 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
Code of Criminal Procedure,
11.11.2 Eligibility Screening. GRANTEE shall conduct eligibility screening for each
individual seeking victim -related civil legal services. GRANTEE 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 the documents at any reasonable time.
11.11.3 No Cases Resulting in Fees, Grant funds to organizations to provide legal services
to the victims ofcrime, immediate family members or claimants in civil matters al I 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 fee for legal services from an award
to a client from public funds, or from the opposing party.
The above provisions of 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 private attorney.
11.11.4 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.
VCLG Contract - FY 2012 V C
Page 14 of 19
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, 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 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.
11.11.5 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.
11.11.E 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 and should exercise reasonable prudent judgment and consider all relevant factors,
including the legal merits and the economic and practical value of the matter.
11.11.7 Retainer Agreements and Private Referrals. Except for matters involving limited
advice and brief services (e.g. clinics, hotlines, and similar services), each 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 the grantee. For cases that are
referred by grantees to private attorneys, the grantee shall make available to the accepting attorney a
standard form retainer agreement which may be modified based on agreement between the attorney
and client.
The OAG, at its sole discretion, may further limit, authorize or define the scope of permitted legal
services by GRANTEE.
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 ofthis 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 reflect the
VCI.G Contract - FY 2012 el YA (., c1r%,c( � E
Page 15 of 19
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. 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 ofany Party to insist upon strict performance ofany ofthe 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.
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 POLICE
GENERAL DEPARTMENT
11):��� �.• r •uS: a •?, a is �
Printed Name: .1 �l w. ,4LS7EM
Authorized Official
te: lo'3l•ll
Da
VCLG Contract - FY 2012 f..` �} C �1�s► C �- �.� V C L-(, �K�c�, r+ ^ {—y -Z �' lZ
Page 16 of 19
OFFICIAL RECOR®
CITY SECRETARY
T. WORTH, TX
EXHIBIT A
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND CITY OF FORT WORTH POLICE DEPARTMENT
OAG Contract No. 1226620
Maximum Liability of the OAG. The OAG and GRANTEE stipulate and agree that the total
liability of the OAG to GRANTEE directly or indirectly arising out of this 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:
FORTY-TWO THOUSAND AND 00/100 ($42,000) 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
2012
Personnel
$352610
Fringe Benefits
$6,390
Professional & Consultant Services
$0
Travel
$0
Equipment
$0
Supplies
$0
Other Direct Operating Expenses
$0
Total
$42,000
VCI�G Contract - FY 2012 [: r� (s c.ra
Page 17 of 19
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND CITY OF FORT WORTH POLICE DEPARTMENT
OAG Contract No. 1226620
GRANT NARRATIVE
Only the FY 2012 portion of the final Narrative applies to this contract as submitted by GRANTEE,
and as further modified by the OAG;
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 orgin 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 24/7 to provide on -scene assistance to serious offenses.
The Victim Assistance Specialist will send crime victims rights, crime victims compensation
information and resource information to victims ofall violent crime offenses; review 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; provide
Spanish-speaking services to victims and assisting detectives as needed with translation services;
and providing prevention materials. These services will be tailored to victims of violent crimes who
only or primary language is Spanish. By being able to communicate directly and effectively with a
victim assistance specialist, victims will be more likely to cooperate with law enforcement and seek
available assistance.
Page 18 of 19
EXHIBIT C
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND CITY OF FORT WORTH POLICE DEPARTMENT
OAG Contract No. 1226620
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:
• Submit Resolution signed by the Governing Body.
• Revise budget to include justifications for positions.
Z--
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Page 19 of 19
CITY OF FORT WORTH
(44~ W
IOU W. Halstead
Chief of Police
Date:
Charles W. Daniel
City Manager
APPROVED AS TO FORM AND
LEGALITY:
Jessica�angsvang
City AttorIII
ney
Y\ 'f O op poOpQ
City Secretary, Y#y N e�C1h X a
O U
h
Date: l Zl7l P� oo 00
�A p0 00000 ppO m d
Authority
M&C: C - 2��
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
City of Fort Worth, Texas
Mayor and Council C�
:������,
unication
SUBJECT:
Ratify Application for the Other Victim Assistance Grant from the Office of the Attorney General Crime
Victim Services, Authorize Acceptance of $42,000.00 in Grant Funds from the Victim Coordinator and
Liaison Grant Program, Authorize Execution of a Contract with the Office of the Attorney General,
Authorize $10,623.00 in Matching Funds, Adopt Resolution in Order to Make Assurances Required by the
Attorney General of Texas's Crime Victim Services and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize ratification of the application for grant funds in the amount of $42,000.00 for the Other Victim
Assistance Grant from the Office of the Attorney General of Texas's Crime Victim Services Division;
2. Authorize acceptance of grant funds in the amount of $42,000.00 from the Victim Coordinator and
Liaison Grant from the Office of the Attorney General of Texas's Crime Victim Services Division;
3. Authorize execution of a contract with the Office of the Attorney General of Texas's Crime Victim
Services Division for the implementation of the Victim Coordinator and Liaison Grant;
4. Authorize transfer of $10,623.00 from the Federal Awarded Assets Fund to the Grants Fund for the
City's match;
5. Adopt the attached resolution ratifying the application for and acceptance of $42,000.00 in grant funds
from the Office of the Attorney General of Texas's Crime Victim Services Division and making assurances
required by the Office of the Attorney General of Texas's Crime Victim Services Division; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $52,623.00 upon receipt of the grant.
DISCUSSION:
The Victim Coordinator and Liaison Grant will fund 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 is responsible for working
with the Hispanic/Latino community in the City of Fort Worth in an effort to provide public awareness of
victim services available, victims' rights, local resources and crime victims' compensation. The Police
Department originally applied for the Other Victim Assistance Grant; however, the Office of the Attorney
General awarded grant funds to the Police Department from the Victim Coordinator and Liaison Grant.
The Office of the Attorney General began funding this program originally in September 2008 and has
continued for four years.
Funding of $35,610.00 will provide the victim assistance specialist's salary for 12 months, $16,542.00 will
fund the associated fringe benefits for 12 months and $471.00 will fund grant required travel and training.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15723&print=true&DocType=Print 12/7/20ll
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant and adoption of appropriation ordinance, funds will be available in the current
Operating Budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers
GR76 451977 035473552000
5) GR76 472107 035473552000
GR76 5(VARIOUS) 035473552010
CERTIFICATIONS:
Submitted for City Manager's Office by;
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
$42.000.00 � R107 538070 0357000
$10.623.00
$52.623.00
Charles W. Daniels (6199)
Jeffrey W. Halstead (4211)
Gerald Chandler (4219)
ATTACHMENTS
1. 350AGFY12 A012.doc (Public)
2. 350AGFY12 Revised Resolution.doc (Public)
3. R107 538070 0357000 as of 7-29-11.pdf (CFW Internal)
$10.623.00
http://apps.cfwnet.org/ecouncil/printmc. asp?id=15723&print=true&DocType=Print
l.2/7/2011