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HomeMy WebLinkAboutContract 50058 F ORTWORTH CITY SECRETARY CONTRACT NO. of S�oQ� fifie`Cty of Fort Worth respectfully requests that the indemnity provision on page 9 of the Criminal Justice Division Funding Announcement: General Victim Assistance Direct Services Program be changed as follows: Indemnification: To the extent allowed by law,the grantee shall,to the extent applicable,indemnify and hold harmless the Office of the Governor (OOG), or any employee, director, or agent of OOG from and against all claims, damages, losses, and expenses (including attorney's fees and court costs incurred to defend litigation), any decrees or judgments whatsoever arising from any and all injuries, including death or damages to or destruction of property resulting from the grantee's acts or omissions, willful misconduct, negligence, or breach of the grantee's obligations under the OOG program by the grantee,its agents,employees,Board Members,or other persons under its supervision and direction. Additionally,the City of Fort Worth respectfully requests that provision 1.14 on page 13 of the Office of the Governor Criminal Justice Division&Homeland Security Grants Division Grantee Conditions and Responsibilities be changes to read as follows: 1.14 Limitation of liability To the extent permitted by Texas Law, the grantee agrees to indemnify and hold harmless OOG,the State of Texas and its employees, agents, officers,representatives,contractors,and/or designees from any and all liability, actions, claims, demands or suits whatsoever, including any litigation costs, attorneys' fees, and expenses, relating to tax liability, unemployment insurance and/or workers' compensation in grantee's performance under this grant agreement. To the extent permitted by Texas Law,the grantee shall be liable to pay all costs of defense including attorneys' fees. The defense shall be coordinated by grantee with OOG and the Office of the Attorney General when OOG,the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from OOG and the Office of the Attorney General.The grantee and OOG agree to furnish timely written notice to each other of any such claims. To the extent allowed by Texas law,the grantee further agrees to indemnify and hold harmless OOG, the State of Texas and its employees, agents, officers, representatives, contractors, and/or designees from any and all liability, actions, claims, demands, or suits, whatsoever, including any litigation costs, attorneys' fees, and expenses, that arise from any acts or omissions of grantee or any of its officers, employees, agents, contractors, and assignees,relating to this grant agreement regardless of whether the act or omission is related to this grant agreement. The defense shall be coordinated by grantee OOG and the Office of the Attorney General when OOG,the State of Texas or its employees, agents, officers, representatives, contractors and/or designees are named defendants in any lawsuit and grantee may not agree to any settlement without first obtaining the concurrence from OOG and the Office of the Attorney General. The grantee and OOG agree to furnish timelJ each other of any such claims. CIAL RECORD SECRETARY OFFICE OF THE CITY ATTORNEY WORTH TX The City of Fort Worth *1000 Throckmorton Street*3`d Floor*Fort Worth,Tex � QI�_zo')_ Ann.A-r... Q11_10')_QQco ACCEPTED AND AGREED: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. C-L ame CITYV F RT WORTH: By: Valerie R. Washington Assistant City Manager Date: APPijECO INBy: �f 4' l F. Fitzgerald 6�!�Chhiief of Police Date: APPROVED AS TO FORM AND LEEGGA�LITY: By: Jo A5w0ate Assfstant City Attorney Contract Authorization: M&C: C—as a n is Date Approved: LQ 1-1 ATTEST: ©(� ..... By: M J. Ka s 0. City Secre �r ` OFFICIAL RECORD CITY S�ECRETARy FT. !NORTH, TX Office of the Governor Page 1 of 2 Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative'and`Budget/Details' tabs.By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements.In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20,Subchapter I of the Texas Administrative Code,and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 3059702 Award Amount: $264,670.76 Date Awarded: 10/10/2017 Grantee Cash Match: $66,168.00 Grant Period: 10/01/2017-06/30/2019 Grantee In Kind Match: $0.00 Liquidation Date: 09/28/2019 Total Project Cost: $330,838.76 Program Fund: VA-Victims of Crime Act Formula Grant Program Grantee Name: Fort Worth,City of Project Title: Victim Assistance Program Grant Manager: Alyssa Smith DUNS Number: 782003727 CFDA: 16.575-Victims of Crime Act Formula Grant Program Federal Awarding U.S.Department of Justice,Office of Justice Programs,Office for Victims of Crime Agency: Federal Award Date: 9/8/2016 Federal/State Award ID 2016-VA-GX-0033 Number: Total Federal Award/State Funds $185,614,610.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor _ Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award This grant award provides funds from the Crime Victims Fund to enhance crime victim services Description: in the State.Victims of Crime Act(VOCA)assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=8&gh=32-87-7F-37-... 11/28/2017 Office of the Governor Page 2 of 2 List of Post-Award Conditions of Funding and Other Fund-Specific Requirements Hold Hold Condition of Funding/Project Requirement ne CDate reated Date Met Project t Funds Funds Resolution:Applications from nonprofit corporations,local units of governments,and other political subdivisions must submit a resolution electronically using the'Upload'function in the eGrants system.The resolution must contain the following: • Authorization by your governing body for the submission of the application to OOG that clearly identifies the name of the project for which funding is requested; 3/27/2017 9/27/2017 • A commitment to provide all applicable matching funds; • A designation of the name and/or title of an authorized official who is given the authority to apply for,accept,reject,alter,or terminate a grant (Note: If a name is provided,you must update OOG should the official change during the grant period.);and • A written assurance that,in the event of loss or misuse of grant funds,the governing body will return all funds to OOG. Other Condition of Funding.The grant end date has been changed to 6/30/2019.Once the award is accepted and activated,the recipient must 8/31/2017 initiate a grant adjustment to change the end date to 9/30/2019(which will result in a 30 day liquidation period). https://egrants.gov.texas.gov/prof ect/awardstatement.aspx?i2=4&i 1=8&gh=32-87-7F-37-... 11/28/2017 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/6/2017 -Resolution No.4785-06-2017 DATE: Tuesday,June 6,2017 REFERENCE NO.: **C-28258 LOG NAME: 35CJD18VICTIM OF CRIME FORMULA GRANT SUBJECT: Ratify Application for and Authorize Acceptance of, if Awarded,the State of Texas Office of the Governor, Criminal Justice Division,Victim of Crime Act Formula Grant Program in an Amount Up to$292,957.76,Authorize Execution of Related Grant Agreement,Authorize Amount Up to$73,239.44 for the Citv'q Match Requirement and Adort Resolution(ALI.COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1.Ratify the application for and authorize the acceptance of, if awarded,the State of Texas,Office of the Governor, Criminal Justice Division Victims of Crime Act Formula Grant Program in an Amount up to$292,957.76 for a 24-month period; 2.Authorize the execution of a Grant Agreement with the State of Texas,Office of the Governor,Criminal Justice Division for the Victims of Crime Act Formula Grant Program; 3.Authorize up to$73,239.44 to be included in the Fiscal Year 2018 Grants Operating Federal Fund for the City's grant match requirement; and 4.Adopt the attached resolution for acceptance of grant funds in an amount up to $292,957.76 and to make assurances as required by the State of Texas,Office of the Governor,Criminal Justice Division. DISCUSSION: Each year,the Criminal Justice Division (CJD)of the Governor's Office funds projects throughout the State of Texas under the Victims of Crime Act Formula Grant Program. The Fort Worth Police Department submitted a continuation application for the Fort Worth Police Department's Victim Assistance Section in the amount of$330,838.76 for the Victim Assistance Specialist Position and a High Risk Family Violence Specialist Position. The overall goal of this project is to reduce the trauma experienced by crime victims by providing efficient and comprehensive advocacy and services for all victims of violent crime,as well as increase outreach and education to victims of family violence exhibiting high risk factors;thus,reducing the likelihood of repeat victimization and intimate partner homicide. Indirect cost reimbursement was inadvertently omitted from the grant application,but a request to revise the budget to include it will be submitted as soon as the award is received.The requested amount of indirect cost will be$28,287.00. If approved,the revised budget would bring the total award amount to$366,197.20. This includes an award amount of$292,957.76 and the City's grant match requirement of$73,239.44.If awarded, these funds will be included in the department's proposed Fiscal Year 2018 Budget. This contract will be with a governmental entity,state agency or public institution of higher education: State of Texas,Office of the Governor,Criminal Justice Division. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2017-2018 budget by the City Council to include the above referenced items,funds will be available in the Fiscal Year 2018 Operating Budget, as appropriated,of the Grants Operating Federal Fund. Grant funds will be received on a reimbursement basis. FUND IDENTIFIERS(FIDs): Fund Department Account Project program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FRAM Department Account Project Program Activity Budget Reference# Amount Fund ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Valerie R. Washington (6192) Originating Department Head: Joel F.Fitzgerald (4140) Additional Information Contact: Sasha Kane (4243) ATTACHMENTS 1. 35CJD18 Victim of Crime Resolution.doc (Public)