HomeMy WebLinkAboutContract 39488CITY SECRETARY
CONTRACT NO.
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
CITY OF FORT WORTH PAf-N�)0'
FOR THE STATE ]FISCAL YEARS 2010 AND 2011
OAG Contract No. 101�'�B�
This contract is executed betwe nthe Office of the Attorney General (OAG) and CITY OF FORT
WORTH (GRANTEE) for certain grant funds. The Office of the Attorney
General and CITY OF FORT WORTH maybe referred to in this contract
individually as "Party" or collectively as "Parties."
SECTION I. 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. The purpose of this 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 contract with each grantee, OVAG 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, assistance with Texas
VINE, 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 Contract FY10 and FY11
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f'MT"r
SECTION 2 TERM OF THE CONTRACT
This contract shall begin on September 1, 2009 and shall terminate August 31, 2011, unless it is
terminated earlier in accordance with another provision of this contract. The OAG is not obligated
to reimburse expenses that were incurred prior to the commencement or after the termination of this
contract.
SECTION 3 GRANTEE'S CONTRACTUAL SERVICES
3.1 GRANTEE'S Compliance with the OVAG/VCLG FY 2010-20ll Grant Application Kit.
GRANTEE will comply with the terms and conditions as set forth and required in the OVAGNCLG
FY 2010-2011 Grant Application Kit ("Application Kit") if not supplemented, amended or adjusted
by the OAG, as acknowledged by GRANTEE.
3.2 Establishment of Final Project Budget, Targets, Outputs, Outcomes, and Special
Conditions.
The OAG, at its sole discretion, establishes the initial Budget for this grant project, as reflected on
the attached Exhibit A. If any adjustments were made by the OAG to GRANTEE's budget, those
adjustments will be reflected on the attached Exhibit A. The final Narrative, as submitted by
GRANTEE, is attached as Exhibit B. If any Special Conditions were imposed by the OAG, those
provisions will be reflected on the attached Exhibit C.
The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In
addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, outcomes,
and/or any other items as deemed appropriate by the OAG, at any time, during the term of this
contract.
SECTION 4 GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to
the 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.
4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In
addition to the information contained in the required reports, other information maybe required as
requested by the OAG.
OVAG Contract FYI and FYI
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4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit within ten (10) business days notice to the OAG of any change 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
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 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.
)
VAG Contract FYI and FYI
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Accordingly, quarterly statistical reports, for each quarter, are due on or before December 30, 2009,
March 30, 2010, June 30, 2010, September 30, 2010, December 30, 2010, March 30, 2011, June 30,
2011 and continuing until the last quarterly statistical report which is due on or before September 30,
2011.
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
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 inappropriate 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 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will
immediately review the annual budget for each fiscal year as shown on Exhibit A.
4.3.2 Monthly Request for Reimbursement and Financial Status Report. OVAG 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
OVAG Contract FY10 and FY11
Page 4 of 20
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.
4.3.3 Fiscal Year End Required Reports. On or before October 15, 2010 and October 15, 20115
GRANTEE will submit fiscal year end required reports.
a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for
the prior fiscal year in the following cost categories: (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, 2010 and on or before May 31, 2011 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 Audit
or non -Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and
all annual independent financial audits or audited financial statements, related management letters,
and management responses of GRANTEE.
4.3.5 Timing cc b a a n 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's
expenses, so that they are received by the OAG on or before the twentieth (20"') day of each month,
or if the 20"' 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.
OVAG Contract FY10 and FY11
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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 from
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 of equipment or 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 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.
OVAL Contract FY10 and FY11
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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 for each fiscal year 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
)AG 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 depends, among other things, upon strict compliance with all
terms, conditions and provisions of this crisis.
SECTION 6 TERMINATION
191 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 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, (in addition to any others that could reasonable be interpreted to
survive but are not specifically identified), survive the termination or expiration of this contract:
Sections 4.2.1; 4.2.2; 4.2.3; 4.3.2; 4.3.3; 4.3.4; 4.3.5; 4.3.7; 4.3.8; Section 7; Section 11.1; 11.2;
11.3; 11.10; 11.11; Section 12.
OVAG Contract FY10 and FY11
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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
activity reports and time distribution and attendance records, and other records that may show the
basis of the charges made or performances delivered.
7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for
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 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 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 a subcontractor, the subcontractor's premises if necessary) private space, office
furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-
OVAG Contract FY10 and FYI
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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
:)AG generally requires submission of information via email or hard copy format. Some reporting
requirements must occur via the internet and/or a web -based data collection method.
8.1 Programmatic Reports 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
If requested or approved by the OAG, other programmatic reports, maybe 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, maybe submitted to:
OAG-Grants@oag. state .tx.us
OVAG Contract FY10 and FY11
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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.
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
I
ailure to comply with this contract.
SECTION lO 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.
OVAG Contract FY10 and FY11
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10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State
Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive
orders, regulations and policies as well as 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. GRANTEE agrees to comply with the applicable Office of Management and Budget (OMB)
Circulars A-21, A-87 or A422 relating to cost principles; OMB Circular 1.110 relating to
administrative Requirements; and OMB Circular 1-133 relating to audit requirements. 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, 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 anytime 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.
OVAG Contract FYI and FYI
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GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any
other applicable local ordinance, state, or federal laws.
SECTION 11 SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE
expressly agrees that it is an independent contractor and under no circumstances shall any 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
or performance under this contract, including, but not limited to, the use of automobiles or
After 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 and/or the State of Texas from and against any and all claims arising out of
their actions or performance under this contract. GRANTEE agrees to indemnify and hold
harmless the OAG and/or the State of Texas from any and all liability, actions, claims,
demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are
occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its
employees, representatives, agents, or subcontractors in their performance under this contract.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or
indirectly in any media release, public service announcement or public service disclosure relating to
this contract or any acquisition pursuant hereto, including in any promotional or marketing materials,
without first obtaining 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 maybe 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
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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
this contract.
11.4 Program Income. Gross income directly generated from the OVAG 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. Consistent with Rider 12, in S.B. 1, Article I,
Strategy C.1.25 Victims Assistance, 81st Leg. Reg. Sess. (2009), GRANTEE confirms that by
executing this contract that it does not make contributions to campaigns for elective office or endorse
candidates.
11.9 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.
OVAG Contract FYI 0 and FY 11
Page 13 of 20
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
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, GRANTEE will 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 I/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. OVAG funds to organizations to provide legal services to the
victims of crime, immediate family members or claimants in civil matters may not be used for any
case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice,
might reasonably be expected to result in payment of a fee for legal services from an award to a
client from public funds, or from the opposing party.
The above provisions of shall not be applicable in any case where the organization receiving funds
granted by the Foundation 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
OVAG Contract FYI and FYI
Page 14 of 20
recovery by the client, or because of any other reason which the organization, acting in good faith,
believes prevents the client from obtaining the services of a private attorney.
1L-LIA Other Restrictions. OVAG funds shall not be used to directly fund class action suits,
lawsuits against governmental entities, or lobbying for or against any candidate or issue.
OVAG 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.
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 of this contract do not address a
particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be
OVAG Contract FYI and FYI
Page 15 of 20
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
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 of any Party to insist upon strict performance of any of the terms or
conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that
party's right to demand strict compliance in the future. No consent or waiver, express or implied, to
or of any breach or default in the performance of any obligation under this contract shall constitute a
consent or waiver to or of any breach or default in the performance of the same or any other
obligation of this contract.
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
GENERAL
Office of the Attorney General
Date: 114•
OVAG Contract FY10 and FY11
Page 16 of 20
Attested byo
Printed Name: 4LDIA sr
Authorized Official
Date: S/Z6 �09
APPROVED AS TO FORM AND LEGALITY:
Secretary
glaslo5
EXHIBIT A
GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND CITY OF FORT WORTH POLIO BEP 4 TMEi�i`I'
FOR THE STATE FISCAL YEARS 2010 AND 2011
OAG Contract No. 1015783
Maximum Liability of the OAG for Each Fiscal Year. 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:
For State Fiscal Year 2010 (September 1, 2009 to August 31, 2010), the total amount of this
contract shall not exceed Fifty Thousand And 00/100 ($50,000) DOLLARS.
For State Fiscal Year 2011 (September 1, 2010 to August 31, 2011), the total amount of this
contract shall not exceed Fifty Thousand And 00/100 ($50,000) DOLLARS.
State Fiscal Years 2010 and 2011 Budget. Subj ect to the limitations within this contract, for State
Fiscal Year 2010 (September 1, 2009 to August 31, 2010) and State Fiscal Year 2011 (September 1,
1010 to August 31, 2011) the OAG will reimburse GRANTEE for actual allowable and allocable
costs paid according to the following amounts and budget categories:
Budget Category
Personnel
FY 2010
FY 2011
$359610
$35,610
Fringe Benefits
$145390
$14,390
Professional & Consultant Services
$0
$0
Travel
$0
$0
Equipment
$0
$0
Supplies
$0
$0
Other Direct Operating Expenses
$0
$0
Total
$509000
$509000
OVAG Contract FY 10 and FY 11
Page 17 of 20
Exhibit A contains the initial budget for this contract. 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.
Any change to the maximum 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 will 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 or
federal 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 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.
OVAL Contract FY 10 and FY 11
Page 18 of 20
EXHIBIT B
GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND CITY OF FORT WORTH POLICE DFEJ',�R THE STATE FISCAL
YEARS 2010 AND 20117Q
OAG Contract No. 1015783
GRANT NARRATIVE
The following narrative provided by GRANTEE in its FY2010-2011 grant application applies to this
contract:
The Victim Assistance Specialist will focus on two activities, 1) providing direct services to
victims of violent crime and to those that are of Hispanic 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. (word document)
• 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.
OVAG Contract FY10 and FY11
Page 19 of 20
EXHIBIT C
GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND CITY OF FORT WORTH
FOR THE STATE FISCAL YEARS 2010 AND 2011
OAG Contract No. 1015783
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 Attachment B, "Resolution of the Governing Body"
OVAG Contract FY 10 and FY 11
Page 20 of 20
Police Department
Inter -Office Correspondence
DATE: October 219 2009
TO: City Secretary's Office
FROM: Sasha Kane
Senior Contract Compliance Specialist
SUBJECT: OVAG Contract #1015783
Please find attached one original signed copy of the OAG Contract. The M&C authorizing
the execution of this agreement is attached.
City of Fort Worth, Texas
Mayor and council C
UrgeaffeiU
COUNCIL ACTION: Approved on 8/25/2009 —Ord. No. 18775-08-2009
DATE: Tuesday, August 259 2009 REFERENCE NO.: C-23749
LOG NAME: 350AGFY10
SUBJECT:
Ratify the Application for and Acceptance of $100,000.00 in Grant Funds from the Other Victim Assistance
Grant from the Office of the Attorney General of Texas' Crime Victim Services; Authorize the Execution of a
Contract with the Office of the Attorney General of Texas; Authorize $4,474.00 in Matching Funds and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to ratify the application for and accept, if awarded, grant funds in the amount
of $100,000.00 from the Other Victim Assistance Grant from the Office of the Attorney General of Texas'
Crime Victim Services Division;
2. Authorize the City Manager to enter into a contract with the Office of the Attorney General of Texas'
Crime Victim Services Division for the implementation of the Other Victim Assistance Grant;
3. Authorize the transfer of $4,474.00 from the General Fund to the Grants Fund for the City's match; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund in the amount of p 104,474.00 upon receipt of the grant.
DISCUSSION:
The Other Victim Assistance Grant will continue funding 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 targeting the
Hispanic population 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 Other Victim Assistance
Grant was originally funded in September 2008, for a period of two years.
Funding of $71,220.00 will provide the Victim Assistance Specialist's salary for 24 months, $32,783.00 will
fund the associated fringe benefits for 24 months and $471.00 will fund grant required travel and training.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO
Fund/Account/Centers
3R76
472108 035473363000
3R76
5(VARIOUS)
035473363010
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 350AGFY10 AO.doc
2. AccountingI,nfo.pdf
3. General Fund .pdf
FROM Fund/Account/Centers
4 474.00 R108 538070 0352000
$104.474.00
Tom Higgins (6192)
Jeffrey W. Halstead (4211)
Sasha Kane (4243)
4 474.00