Resolution 2017-20RESOLUTION NO. 2017-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE SUPPORT OF AN
APPLICATION FILED WITH THE ATTORNEY GENERAL'S OFFICE
FOR A VICTIM ASSISTANCE GRANT (OVAG) IN THE AMOUNT OF
$41,658.00 TO BE USED FOR A CRIME VICTIM'S LIAISON POSITION
AND DESIGNATING THE "AUTHORIZED OFFICIAL"
LEGAL NAME OF APPLICANT: City of Wylie Police Department
UNIQUE APPLICATION NUMBER (if applicable): V0057-18-0264
Be it known as follows:
WHEREAS, the City of Wylie Police Department, has applied or wishes to apply to the
Office of the Attorney General (OAG) for the following grant program (check one):
X Other Victim Assistance Grant (OVAG)
Victim Coordinator and Liaison Grant (VCLG)
Sexual Assault Prevention and Crisis Services (SAPCS) — State Grant
WHEREAS, the City Council of the City of Wylie, has considered and supports the
Application filed or to be filed with the OAG; and
WHEREAS, the City of Wylie has designated or wishes to designate the following
individual as the "Authorized Official" who is given or has been given the power to apply for,
accept, reject, alter, or terminate that certain grant with the OAG, as well as given the authority
to sign all grant adjustment requests, inventory reports, progress reports and financial reports or
any other official documents related to the grant on behalf of the grantee:
Name of Person Designated as "Authorized Official": Anthony Henderson
Position Title: Chief of Police
Resolution No. 2017-20(R)
Authorizing the support of an application filed with the Attorney General's office
for a Victim Assistance Grant (OVAG)
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Wylie
approves the submission of the Application to the OAG, as well as the designation of the
Authorized Official on this the 24th day of October, 2017.
ATTEST TO:
CA OLE EH' ICH, City Secretary
VZ,... -C1 -
ERIC HOGU , M. yor
Resolution No. 2017-20(R)
Authorizing the support of an application filed with the Attorney General's office
for a Victim Assistance Grant (OVAG)
1
DocuSign Envelope ID: F1093825-5FA13-4F27-B93D-F7550DA31151
RE: FYI 8 VCLG Grant Coversheet
*** FOR OAC INTERNAL USE ONLY 164
GCD contract number: 1880467
Grantee: City of Wylie Police Department
Amount: $41,658.00
Executed: 8/15/2017
Term: Sept. 1, 2017 Aug, 31„ 2018
Budget coding:
ORG PCA AgyOhj
937 17013 7611
DocuSign Envelope ID F1093825w5FA8.4F27.893D,F7550DA31151
GRANT CONTRACT
OAG Contract No. 1880467
This contract is executed between the Office of the Attorney General (OAG) and
Citi of Wylie Police Department(GRANTEE)
GRANTEEE may
for certain grant funds. The OAG and..... ..� .YUW.e......
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. TER1 I OF THE CONTRACT
This contract shall begin on September 1, 2017 and shall terminate August 31, 2018, unless it is
terminated earlier in accordance with another provision of this contract.
SECTION 3. GRANTEE's CONTRACTUAL SERVICES
3.1 GRANTEE's Compliance with Grant Application Kit. GRANTEE will comply with
the terms and conditions as set forth and required in the OVAG/VCLG FY 2018-2019 Grant
Application Kit ("Application Kit") as supplemented, amended or adjusted by the OAG.
3.2 Establishment of Final Project Budget, Targets, Outputs, Outcomes. 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.
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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.
3.3 Grant Narrative. GRANTEE's application, including the narrative contained therein as
submitted by GRANTEE and as further modified by the OAG, is incorporated by reference into
this contract. GRANTEE hereby certifies that the information provided in GRANTEE's
application, including the statements made in the narrative, is true and correct and agrees to be
bound by the representations and commitments contained therein.
3.4 Special Conditions. The OAG may, at its sole discretion, impose special conditions on
GRANTEE, without notice and without amending this contract. GRANTEE agrees in advance to
satisfy the requirements of any special conditions imposed by OAG. The imposition of any
special conditions places GRANTEE on immediate financial hold, consistent with section 9.2,
without further notice, until all special conditions are satisfied„
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
ensure that it files each document or form required by the OAG in an accurate and timely
manner. Unless filing dates are given herein, all other reports and other documents that
GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time,
the OAG may require additional information from GRANTEE.
4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG.
In addition to the information contained in the required reports, other information may be
required as requested by the OAG.
4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit written notice to the OAG of any change in the following:
GRANTEE's name; contact information; key personnel, officer, director or partner; organizational
structure; legal standing; or authority to do business in Texas. Such notice shall be provided, in
advance, when possible, but in no event later than ten (10) business days after the date of such
change. A change in GRANTEE's name requires an amendment to the contract.
To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's
letterhead, with an original signature of someone with actual authority to act on behalf of
GRANTEE. To change a Grant Contact, GRANTEE must submit a written request on
GRANTEE's letterhead signed by an Authorized Official.
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4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its
governing body shall bear full and sole responsibility for the integrity of the fiscal and
programmatic management of the organization including financial and programmatic policies
and procedures.
Such fiscal and programmatic management shall include: accountability for all funds and
materials received from the OAG; compliance with OAG rules, policies and procedures, and
applicable federal and state laws and regulations; and correction of fiscal and program
deficiencies identified through self-evaluation and/or the OAG's monitoring processes.
Ignorance of any contract provisions or other requirements referenced in this contract shall not
constitute a defense or basis for waiving or failing to comply with such provisions or
requirements.
GRANTEE shall develop, implement, and maintain appropriate financial management and
control systems, which include: budgets that adequately reflect all functions and resources
necessary to carry out authorized activities and the adequate determination of costs; accurate and
complete payroll, accounting, and financial reporting records; cost source documentation;
effective internal and budgetary controls; allocation of costs; and timely and appropriate audits
and resolution of any findings and applicable annual financial statements, including statements
of financial position, activities, and cash flows, prepared on an accrual basis in accordance with
Generally Accepted Accounting Principles or other recognized accounting principle.
4.1.5 Security and Confidentiality of Records. GRANTEE shall establish a method to
secure the confidentiality of records required to be kept confidential by applicable federal or state
law, rules or regulations. This provision shall not be construed as limiting the OAG's access to
such records and other information.
4.1.6 Public Information Act. GRANTEE acknowledges that information, documents, and
communications created or exchanged in the provision of services required by this contract may
be subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and
may be subject to required disclosure in a publicly -accessible format pursuant to Section
2252.907 of the Texas Government Code.
4.2 Programmatic Reports
4.2.1 Quarterly Statistical (Performance) Reports. GRANTEE shall forward to the OAG
quarterly statistical reports no later than the thirtieth (30th) day of each month following the end
of each quarter. The four (4) quarters end respectively on the last day of the months of
November, February, May and August. Accordingly, quarterly statistical reports, for each
respective quarter, are due on or before December 30, 2017, March 30, 2018, June 30, 2018, and
September 30, 2018.
Contents of Quarterly Statistical Reports. The quarterly statistical reports shall contain, at a
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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 Narrath°es.
4.2.2 Written Explanation of Variance. GRANTEE must provide a written explanation to
the OAG on the quarterly statistical report for any year-to-date performance that varies from
projected performance. In addition to the written explanation, GRANTEE shall promptly answer
any questions from the OAG, whether in writing or otherwise, in connection with any 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 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 will
be paid on a cost reimbursement basis. GRANTEE will submit, each month, a request for
reimbursement for the actual and allowable allocable costs incurred by GRANTEE for providing
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: (a) personnel and fringe benefits, reported separately, (b) professional
and consulting services, (c) travel, (d) equipment, (e) supplies, and (0 other direct operating
expenses. The request for reimbursement must be accompanied by supporting documentation as
required by the OAG. The OAG may from time to time require different or additional
supporting documentation.
A request for reimbursement and financial status report are required each month, whether
GRANTEE has paid expenses, or is seeking reimbursement.
4.3.3 Fiscal Year End Required Reports. On or before October 15, 2018, GRANTEE will
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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 a record of the current inventory of items purchased, disposed of,
replaced or transferred for any equipment that was purchased with grant funds.
4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the
OAG a copy of its annual independent financial audit. The timely submission to the OAG is on
or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will
contract with an independent CPA firm to perform an annual financial audit engagement. If
applicable, GRANTEE's independent CPA firm will determine the type of annual financial
audit, which may include a compliance attestation in accordance with the requirements of 2 CFR
Part 200 titled Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards and/or Texas Single Audit Circular (Single Audit or non -Single Audit
financial audit). If applicable, GRANTEE will provide the OAG with any and all annual
independent financial audits or audited financial statements, related management letters, and
management responses of GRANTEE.
4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close -Out
Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner.
GRANTEE shall make every reasonable effort to submit monthly billings to the OAG, which
cover the previous month's expenses, so that they are received by the OAG on or before the
twentieth (20th) day of each month, or if the 20th day falls on a weekend or holiday, the next
business day. The OAG will make reasonable efforts to promptly process and make payments on
properly completed billings. GRANTEE may submit a final invoice not later than the earlier of
(a) forty-five (45) calendar days after termination of this contract; or (b) 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 actual
and allowable allocable 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. The OAG is not obligated to reimburse expenses
that were incurred prior to the commencement or after the termination of this contract.
4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid
grant funds under this contract, such as payments made inadvertently or payments made but later
determined not to be actual and allowable allocable costs, GRANTEE shall promptly refund that
amount identified by the OAG as an overpayment. The OAG, in its sole discretion, may offset
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and deduct the amount of the overpayment from any amount owed to GRANTEE as a
reimbursement, or may choose to require a payment directly from GRANTEE rather than offset
and deduct any 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 Iabels affixed to the equipment. GRANTEE
shall maintain a current inventory of all equipment,which shall be available to the OAG at all
times upon request; however, as between the OAG and GRANTEE title for equipment will
remain with GRANTEE.
GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with
grant funds under this contract to ensure the full availability and usefulness of such equipment.
In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss or
destruction of, or damage to, the equipment purchased under this contract, it shall use the
proceeds to repair or replace said equipment.
4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on
Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct
Deposit Authorization Form. After the direct deposit request is approved by the OAG and the
setup is completed on the Texas Identification Number System by the State Comptroller's
Office, payment will be remitted by direct deposit and the OAG will discontinue providing
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 obligated 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. 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.
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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 their employees that purports to
increase the maximum liability of the OAG is void, unless a written amendment to this contract
is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an
obligation or liability of the OAG in excess of the funds delineated in this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the
actual receipt by the OAG of grant funds (state andior federal) appropriated to the OAG.
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 the
OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other
provision of this contract, if the OAG is not appropriated the funds, or if the OAG does not
receive the appropriated funds for this grant program, or if the funds appropriated to the
OAG for this grant program are required to be reallocated to fund other state programs or
purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this
contract.
SECTION 6. TERMINATION
6.1 Termination for Convenience. h=ither Party may, at its sole discretion, terminate this
contract, without recourse, liability or penalty, upon written notice to the other Party at least
thirty (30) calendar days before the effective date of such termination.
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 its nature would be intended to be applicable following any such
termination. The following terms and conditions, (in addition to any others that could reasonably
be interpreted to survive but are not specifically identified), survive the termination or expiration
of this contract: Sections 4, 5, 7, 11, and 12.
SECTION 7. AUDIT RIGHTS; RECORDS RETENTION
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7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the
OAG to verify all reporting measures and requests for reimbursements related to this contract.
GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's
auditor, the State Auditor's Office or other auditors of the State of Texas, the federal
government, or such other persons or entities designated by the OAG, to ensure proper
accounting for all costs and performances related to this contract.
7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven
(7) years after the contract is completed or expires, or all issues that arise from any litigation,
claim, negotiation, audit, open records request, administrative review, or other action involving
the contract or documents are resolved. The records include, but may not be limited to, the
contract, any contract solicitation documents, any documents that are necessary to fully disclose
the extent of services provided under this contract, 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 all reporting measures and requests for reimbursement. Audit trails
maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared
by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must
provide the means whereby authorized personnel have the ability to audit and verify
contractually required performances and to establish individual accountability for any action that
can potentially cause access to, generation of, or modification of confidential information.
7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and
make available all paper and electronic records, books, documents, accounting procedures,
practices, and any other items relevant to the performance of this contract, compliance with
applicable state or federal laws and regulations, and the operation and management of
GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such
items. GRANTEE will direct any other entity, person, or contractor receiving funds directly
under this contract or through a subcontract under this contract to likewise permit access to,
inspection of, and reproduction of all books, records, and other relevant information of the entity,
person, or contractor(s) that pertain to this contract. All records, books, documents, accounting
procedures, practices, and any other items, in whatever form, relevant to the performance of this
contract, shall be subject to examination or audit. Whenever practical as determined at the sole
discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days'
advance notice of any such examination or audit.
7.5 State Auditor. In addition to and without limitation on the other audit provisions of this
contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's
Office may conduct an audit or investigation of GRANTEE or any other entity or person
receiving funds from the State directly under this contract or indirectly through a subcontract
under this contract. The acceptance of funds by GRANTEE or any other entity or person
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directly under this contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the State Auditor's Office, under the direction of the Legislative
Audit Committee, to conduct an audit or investigation in connection with those funds. Under the
direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of
an audit or investigation by the State Auditor's Office must provide the State Auditor's Office
with access to any information the State Auditor's Office considers relevant to the investigation
or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the
conduct of the audit or investigation, including providing all records requested. GRANTEE shall
ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through GRANTEE and the requirement to cooperate is included in any
subcontract it awards. The State Auditor's Office shall at any time have access to and the right
to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and
records of GRANTEE related to this contract.
7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of
business and/or the location(s) of GRANTEE'S operations during GRANTEE's normal business
hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the
audit is being performed of a subcontractor, the subcontractor's premises if necessary) private
space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities
and office -related equipment and duplicating services as OAG or its designees may reasonably
require to perform the audits described in this contract.
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.
8.1 Programmatic Reports, Notices and Information (excluding Financial Reports). All
quarterly statistical reports, annual performance reports, correspondence, and any other
reports, notices or information, except financial reports specified below, must be
submitted via email to:
OAG-GrantsNiXtexasattorneygeneral.gov
If requested or approved by the OAG, other programmatic reports may be submitted to:
Program Manager Contracts and Asset Management Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
8.2 Financial Reports (excluding Programmatic Reports, Notices and Information). All
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financial status reports, requests for reimbursement, audits, and inventory reports, must be
submitted in hard copy format to:
Financial Manager Contracts and Asset Management Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
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 i ::texasattomeygeneral.gov
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 in GRANTEE's performance
under this contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase in monitoring visits; require that additional
or more detailed financial and/or programmatic reports be submitted; require prior approval for
expenditures; require additional technical or management assistance and/or make modifications
in business practices; reduce the contract amount; and/or terminate this contract. The foregoing
are not exclusive remedies, and the OAG may impose other requirements that the OAG
determines will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information may result in the OAG, at its sole discretion, placing
GRANTEE on immediate financial hold without further notice to GRANTEE and without first
requiring a corrective action plan. No reimbursements will be processed until the requested
information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole
discretion, may deny reimbursement requests associated with expenses incurred during the time
GRANTEE was placed on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose
other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion,
may impose sanctions, including, but not limited to, withholding or suspending funding,
offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement,
reducing funding, terminating this contract, andlor 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.
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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, Code of Federal Regulations (CFR), and Other Relevant
Authorities. GRANTEE agrees to comply with all applicable federal and state laws, as well as 2
CFR Part 200, and any other requirements relevant to the performance of GRANTEE under this
contract.
10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and
State Certifications and Assurances. GRANTEE agrees to comply with applicable laws,
including Texas Government Code, Chapter 783, and the Uniform Grant Management Standards
(UGMS), and any other applicable federal or state grant management standards. Further,
GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, as
contained in the Application Kit, which are incorporated herein by reference, including, but not
limited to, the equal employment opportunity program certification, disclosure and certification
regarding lobbying, non -procurement debarment certification, drug-free workplace certification,
annual single audit certification, compliance with annual independent financial audit filing
requirement, compliance with UGMS, and the applicable 2 CFR Part 200, return of grant funds
in the event of loss or misuse, and conflict of interest.
10.3 Generally Accepted Accounting Principles or Other Recognized Accounting
Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles promulgated
by the American Institute of Certified Public Accountants, unless other recognized accounting
principles are required by GRANTEE. GRANTEE shall also follow OAG fiscal management
policies and procedures in processing and submitting requests for reimbursement and
maintaining financial records related to this contract.
10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, or offered to
give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or
employee of the OAG, at any time during the negotiation of this contract or in connection with
this contract, except as allowed under relevant state or federal law. GRANTEE will establish
safeguards to prohibit its employees from using their positions for a purpose that constitutes or
presents the appearance of a personal or organizational conflict of interest or personal gain.
GRANTEE will operate with complete independence and objectivity without an actual, potential,
or apparent conflict of interest with respect to its performance under this contract. GRANTEE
must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential
conflicts of interest relative to its performance under this contract.
10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
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responsibilities of this contract and currently is, and will remain, in good standing with all
regulatory agencies that regulate any or all aspects of GRANTEE's business or operations.
GRANTEE agrees to remain in good standing with the Texas Secretary of State, the Texas
Comptroller of Public Accounts and federal governmental bodies related to GRANTEE's right to
conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal
certifications, inspections, and any other applicable local ordinance or 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. Under no circumstances shall
any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a
state employee, agent, servant, or partner of, or part of any joint venture or joint enterprise with,
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, or partner of, or part of any joint
venture or joint enterprise with, the OAG or the State of Texas.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of
GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE
or GRANTEE's contractors. GRANTEE or GRANTEE's contractors shall be responsible for
ensuring that any and all appropriate payments are made, such as unemployment, workers
compensation, social security, any benefit available to a state employee as a state employee, and
other payroll taxes for such persons, including any related assessments or contributions required
by law.
GRANTEE or contractors are responsible for all types of claims whatsoever due to actions
or performance under this contract, including, but not limited to, the use of automobiles or
other transportation by its owners, incorporators, officers, directors, employees, volunteers
or any third parties. To the extent allowed by law, GRANTEE and/or contractors will
indemnify and hold harmless the OAG and/or the State of Texas from and against any and
all claims arising out of actions or performance of GRANTEE or GRANTEE's contractors
under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and
hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims,
demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are
occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its
employees, representatives, agents, or subcontractors in their performance under this
contract.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or
indirectly in any media release, public service announcement or public service disclosure relating
to this contract or any acquisition pursuant hereto, including in any promotional or marketing
materials, without first obtaining written consent from the OAG. This section is not intended to
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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 GRANTEE may
copyright any original books, manuals, films, or other original material and intellectual property,
developed or produced using funds obtained under this contract, subject to a royalty -free, non-
exclusive, and irrevocable license which is hereby reserved by the OAG and granted by
GRANTEE to the OAG, or, where applicable, the State of Texas or the United States
Government if federal funds are expended. GRANTEE hereby grants the OAG an unrestricted
right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost
to the OAG, in any manner the OAG deems appropriate in the exercise of its sole discretion, any
component of such intellectual property.
11.4 Program Income. Gross income directly generated from the grant funds through a
project or activity performed under this contract is 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, Assignment, or Delegation without Prior Written Approval of
OAG. GRANTEE may not subcontract, assign any of its rights, or delegate any of its duties
under this contract without the prior written approval of the OAG. GRANTEE agrees the OAG
maintains complete discretion in evaluating any request to subcontract, assign any right, or
delegate any duty under this contract, and the OAG may withhold its approval for any reason or
no reason. if the OAG approves subcontracting, assignment, or delegation by GRANTEE,
GRANTEE will ensure that its contracts with others shall require compliance with the provisions
of this contract. GRANTEE, in subcontracting for any performances specified herein, expressly
understands and agrees that it is not relieved of its responsibilities for ensuring that all
performance is in compliance with this contract and that the OAG shall not be liable in any
manner to GRANTEE's subcontractor(s).
11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this contract
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that it does not make contributions to campaigns for elective office or endorse candidates.
11.9 Merging Entities. If GRANTEE merges with an organization that is currently receiving
VCLG grant funds for the same purpose, directly from the OAG, and the merger is completed
during the current contract term, the standing organization may seek reimbursement for the
remaining OAG funding of the dissolving organization in addition to the standing organization's
current funding.
If GRANTEE merges or is absorbed by a non-OAG funded organization, GRANTEE's contract
will be terminated. The non-OAG funded organization cannot seek the funding of the dissolving
organization for the current grant period.
11.10 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract
is in any way intended to constitute a waiver by the OAG or the State of Texas of any
immunities from suit or from liability that the OAG or the State of Texas may have by operation
of law.
11.11 Governing Law; Venue. This contract is made and entered into in the State of Texas.
This contract and all disputes arising out of or relating thereto shall be governed by the laws of
the State of Texas, without regard to any otherwise applicable conflict of law rules or
requirements.
Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit,
litigation or other proceeding (collectively "litigation") arising out of or in any way relating to
this contract shall be commenced exclusively in the Travis County District Court or the United
States District Court in the Western District, Austin Division, and to the extent allowed by law,
hereby irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for
the purpose of prosecuting and or defending such litigation. GRANTEE hereby waives and
agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or
proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above-
named courts; the suit, action, or proceeding is brought in an inconvenient forum; andfor the
venue is improper.
11.12 U.S. Department of Homeland Security's E -Verify System. GRANTEE will ensure
that it utilizes the U.S. Department of Homeland Security's E -Verify system to determine the
eligibility of any new employee hired after the effective date of this agreement who will be
working on any matter covered by this agreement.
11.13 Limitation on Civil Legal Services Providers. If GRANTEE is a provider of civil legal
services to victims of crime, and if the purpose of the grant funds is to provide legal services to
victims of crime, GRANTEE shall comply with the following:
11.13.1 Services to Indigent Clients. GRANTEE shall provide victim -related civil legal
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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 1,,2')/0 of the
federal poverty guidelines published by the United States Department of Health and Human
Services. Victims, immediate family members of victims, and claimants are defined in Article
56.32 of the Texas Code of Criminal Procedure.
11.13.2 Eligibility Screening. GRANTEE shall conduct eligibility screening for each
individual seeking victim -related civil legal services. 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 these documents at any reasonable time.
11.13.3 No Cases Resulting in Fees. Grant funds to organizations to provide legal services to
the victims of crime, immediate family members, or claimants in civil matters shall not be used
for any case or matter that, if undertaken on behalf of an indigent person by an attorney in
private practice, might reasonably be expected to result in payment of a fee for legal services
from an award to a client from public funds, or from the opposing party.
The above provisions may not be applicable in any case where GRANTEE determines, in good
faith, that (a) 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 (b) 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 the organization believes prevents the
client from obtaining the services of a private attorney.
11.13.4 Other Restrictions. Grant funds shall not be used to 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 OAG, or involving a challenge to the constitutionality of a State staute, rule, or
regulation, except as specifically provided below.
Grant funds may be used to support a lawsuit brought by an individual, solely on behalf of the
individual or the individual's dependent or ward, to compel a governmental entity to provide
benefits that the individual or the individual's dependent or ward is expressly eligible to receive,
by statute or regulation, including social security benefits, temporary assistance to needy
families, financial assistance under Chapter 31, Texas Human Resources Code, food stamps,
special education for persons with disabilities, Medicare, Medicaid, subsidized or public
housing, and other economic, shelter or medical benefits provided by a government entity
directly to an indigent individual, but not to support a claim for actual or punitive damages.
Grant funds shall not be used to support any legal action seeking to establish, obtain or appeal
Compensation for Crime Victims payments as administered by the OAG.
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11.13.5 Cooperation and Collaboration. GRANTEE will cooperate and collaborate in their
service areas with (a) all other organizations providing civil legal services to the indigent, (b) the
local organized bar, (c) relevant social and human service organizations, (d) relevant
governmental agencies, and (e) other organizations that specifically provide victim -related
services.
11.13.6 Professional Conduct. In accepting and pursuing matters for clients, GRANTEE
shall adhere to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of
Disciplinary Procedure and any other code or rules of professional responsibility adopted by this
state for attorneys. GRANTEE should exercise reasonably prudent judgment and consider all
relevant factors, including the legal merits and the economic and practical value, of the matter.
11.13.7 Retainer Agreements and Private Referrals. Except for matters involving limited
advice and brief services (e.g. clinics, hotlines, and similar services), GRANTEE shall execute a
written retainer agreement, or letter of engagement, containing appropriate provisions for
withdrawal of representation, with each client who receives legal services from GRANTEE. For
cases that are referred by GRANTEE to a private attorney, GRANTEE shall make available to
the accepting attorney a standard form retainer agreement which may be modified based on the
agreement between the attorney and client.
The OAG, in its sole discretion, may further limit, authorize or define the scope of permitted
legal services offered by the GRANTEE.
SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section I are intended to be a general
introduction to this contract. To the extent the terms and conditions of this contract do not
address a particular circumstance or are otherwise unclear or ambiguous, such terms and
conditions are to be construed consistent with the general objectives, expectations, and purposes
of this contract.
12.2 Entire Agreement, including All Exhibits. This contract, including alI exhibits, reflects
the entire agreement between the Parties with respect to the subject matter therein described, and
there are no other representations (verbal or written), directives, guidance, assistance,
understandings, or agreements between the Parties related to such subject matter. By executing
this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this
contract, including all exhibits.
12.3 Amendment. This contract shall not be modified or amended except in writing, signed
by both parties. Any properly executed amendment of this contract shall be binding upon the
Parties and presumed to be supported by adequate consideration.
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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 under 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
film/um, kfroftzuA,1,
Office of the Attorney General
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City of Wylie Police Denartment
Printed Name: Anthony Henderson
Authorized Official
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GRANT CONTRACT
OAG Contract No. 1880467
EXHIBIT A
Maximum Liability of the OAG. The OAG and GRANTEE agree the total liability of the
OAG to GRANTEE, directly or indirectly, arising out of this contract and for reimbursement of
all expenses, shall not exceed the following:
S41,658.00
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
Personnel
Fringe Benefits
Professional & Consultant Services $-
Travel $4,658.00
Equipment $-
Supplies $ 1,900.00
Other Direct Operating Expenses $2,600.00
I Total 541,658.00
State Fiscal Year
2018
$30,000.00
$2,500.00
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