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R-2015-096 2015-06-08RESOLUTION NO. 2015-96 A Resolution of the City Council of the City Of Pearland, Texas, authorizing participation in the Other Victim's Assistance Grant ("OVAG") through the Office of the Attorney General. WHEREAS, the City of Pearland wishes to apply to the Office of the Attorney General (OAG) Crime Victim Services Division, under its legal name, and has been assigned the Unique Application Number 00132-16-0182 for its application for OVAG grant funds from the Texas Office of the Attorney General; and WHEREAS, the City Council of the City of Pearland (hereinafter ''City") has considered and supports the Application filed or to be filed with the OAG and finds it in the best interest of the citizens of Pearland to participate in the OVAG program; and WHEREAS, the City designates the Chief of Police or his designee as the grantee's Authorized Official and is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency, and also has been 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; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS SECTION 1. That the City approves submission of the grant application for the OVAG to the Office of the Attorney General, Crime Victim Service Division as well as the designation of the Authorized Official. PASSED, APPROVED and ADOPTED this the 8th day of June, A.D., 2015. TOM REID MAYOR RESOLUTION NO. 2015-96 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY :U. 2 RESPONSIVE RESULTS -ORIENTED TRUST -BUILDERS ACCOUNTABLE City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Tel: 281.652.1600 pearlandtx.gov December 30, 2015 Zulay Sanchez, CGFM Financial Manager Contracts and Asset Management Division Office of the Attorney General P. O. Box 12548 MC005 Austin Texas 78711-2548 Dear Ms. Sanchez: Resolution No. R2015-96 Exhibit "A" We are requesting an adjustment to the list of designated officials authorized to endorse invoices and other grant -related documentation associated with the City's OVAG Crime Victim Assistance Program — Grant ID Number 1662972, funded by the Office of the Attorney General. Our Chief of Police Christopher Doyle will continue to serve as the Authorized Official assigned to this program. Per your recommendation, we are expanding of the number of designated officials by adding the following: 2nd Authorized Official Tom Moncrief — Captain Pearland Police Department 2555 Cullen Parkway Pearland, TX 77584 3rd Authorized Official Tara Kilpatrick — Budget Officer Finance Department 3519 Liberty Drive Pearland, TX 77581 4th Authorized Official Joel Hardy — Grants Coordinator Finance Department 3519 Liberty Drive Pearland, TX 77581 In addition, our Finance Director Claire Bogard has retired from service. Therefore, we must designate an Interim Financial Point of Contact for the grant program. The following officials are located at our City Hall address at 3519 Liberty Drive, Pearland TX 77581, and will serve in that capacity until further notice: Primary: Alternate: Jon Branson — Deputy City Manager Tara Kilpatrick — Budget Officer jbranson@pearlandtx.gov tkilpatrick@pearlandtx.gov (281) 652-1674 (281) 652-1623 We are requesting that the aforementioned changes go into effect immediately. Yours ly, lay Pers- City Manager Crime Victim Services Division 00132-16-0182 OVAGNCLG Application TAB A -Organization Resolution No. R2015-96 Office of the Attorney General 1. ORGANIZATION Unique Application Number (UAN) 00132-16-0182 Legal Name of Applicant City of Pearland Police Department Name of Agency Contact Joel Hardy Agency Contact's Telephone Number 281-652-1795 Check If applying for an OVAG I—JStatewide Project Fy 2016 FY 2017 Amount r I Requested %of Personnel and Fringe Requested $41,387.00 100% $41,387.00 100% 2. MISSION STATEMENT 2.1 Provide the mission statement of your organization. The mission of the Pearland Police Department is to provide professional service to the community and develop citizen partnerships to work together to enforce laws, reduce fear and positively impact the quality of life in Pearland. Pearland's Victim Assistance Program's mission is to provide impassioned leadership, offer emotional support, build partnerships with service providers and a commitment to empower victims of crime with the goal of preventing further victimization. 3. DESCRIPTION OF THE ORGANIZAI ION 3.1 Give a description of the history of your organization Including the purpose for which It was created. The purpose of the Pearland Police Department is to provide the equitable, fair and impratial application of laws and ordinances without regard to race, color, creed, sex or station in life; treating all individuals with tolerance, compassion and dignity. 3.2 Give a description of how the organization has evolved to its current structure, this may include the scope of service, geographic a-eas covered, staff helrarchy, legal organization, etc. From 1993 to 2002, the Pearland Police Department handled victim assistance services through the assignment of duties to an existing investigator/detective. In addition to the normal duties associated with investigating crimes, this person also handled the act of providing victim assistance services to local citizens. As population and geographic growth increased, crime increased and the complexity of the impact on victims. Population dynamics have resulted in the need for more types of support/services. Increased family violence and assault in Pearland has resulted in the need for more accompaniments and crisis counseling support for victims. A westward expansion of the City's boundaries through annexation, as well as new residents and commercial growth, resulted in the need for more dedicated services. 2010 Census calculations indicate that Pearland has experienced a massive 142% growth since 2000. It is imperative, based on the City's growth, that additional staff resources be incorporated into the Police Investigations Division's Victim Assistance Program. The City itself is operated and managed under the direct leadership of a City Manager. Elected officials, in the form of a City Council and Mayor, provide governance over the City's operations. Department directors appropriate duties in the various sectors of municipal operations required to meet the needs of our citizens. The Police Department, as such, has an appointed Chief of Police and the standard hierarchy of officers assigned to distribute required law enforcement duties throughout the public safety organization. 4. VICTIM SERVICES EXPERIENCE YEARS 4.1 How many years has the orgarization been providing victim -related services or assistance? 23 Page 1 of 17 Crime Victim Services Division OVAGNCLG Application TAB A -Organization Office of the Attorney General 00132-16-0182 5. VICTIM SERVICES WORK 5.1 Provide a description of the work the organization is doing on behalf of victims of crime. The goal of the Victim Assistance Program is to assist victims of crime, protect and advocate the rights of victims, provide necessary information, and prevent further victimization. Crime victims who make a police report are subsequently contacted by phone, mail or in person. The liaison informs victims about police procedures, community resources, and available programs that will assist victims during the aftermath of a crime. The liaison is also on call to respond to after -hour emergencies, and to provide assistance. The program provides updates on case status, information about the criminal justice system, court and hospital accompaniment, and emergency transportation to women shelters for victims that seek support from the Crime Victim Assistance Program. Depending on the type of crime that has occurred, victims can receive information on shelters, counseling services or referrals to support and social service agencies. The program can also assist with information about parole notification, and assist with a parole protest. Crime victims are contacted to determine their eligibility for financial assistance when they have exhausted their own financial resources. The Crime Victims' Compensation Fund - paid out of court costs generated by criminal convictions - provides for medical bills, counseling, lost wages, funeral expenses and other crime related expenses without any cost to taxpayers. 5.2 How does this work fit Into the organization's overall goals and objectives? Providing Pearland citizens with victims' assistance services has been part of the work of the Pearland Police Department for just over two decades now. Dedicating professional and effective staff roles to the effort to improve the support that crime victims receive in their efforts to seek justice and experience restoration has been a significant priority over the past twelve years. For nine of those, one staff person has handled the duties of administering such services. However, Pearland has experienced tremendous population and geographic growth during that time span. In fact, being one of the fastest growing jurisdictions in the State of Texas, it is incumbent upon the City to vastly increase the capacity for attending to the needs of local crime victims. According to the Pearland Citizens Survey, the Police Department rates as having the highest percentage of contact with local households. Therefore, it is critical that the supportive and community-based services provided for crime victims be of the highest caliber and have positive outcomes. One of three objectives for the Police Investigations Division of the Pearland Police Department is to secure funding for a second position in the victim assistance program to enhance communication between victims of crime and the Police Department. 6. VOLUNTEERS 6.1 Does the organization currently have a volunteer program, or plan to implement one this grant term? Yes 6.2 How many volunteers were active within the last year? 37 6.3 Describe how the organization utilizes or plans to utilize volunteers to support the organization's mission, including any specific victim -related services. In addition to the Citizen Patrol, made up of local volunteers that are trained and screened for the purposes of providing support for local law enforcement activities, the Police Crime Victim Assistance Program utilizes two volunteers that support the efforts to provide victim -related services to Pearland crime victims. One intern and one community volunteer assist with administrative and programmatic duties of grant -funded aspects of the Victim Assistance Program. They perform some duties involving information distribution and referrals. Interns and volunteers work under the direction of the Crime Victim Liaison and are required to adhere to all policies and procedures of the Police Department; particularly those involving victims' rights, privacy and confidentiality, and the agreed upon hours of service they provide to the City. Through initial training periods, interns and volunteers are considered probationary. 6.4 Describe training for volunteers including both training required prior to providing services and ongoing training conducted throughout the volunteer's service. Volunteers are trained to provide administrative and introductory level crime victim assistance services. They assist with grant reporting, data collection and management, as well as coordination of materials distributed for information and referral purposes. Two volunteers participate in this training as part of the requirement for being selected for their assistive duties. The training activities are conducted by the Crime Victim Liaison and are delivered in conjuction with written materials. The internship program is designed to attract participants that have an interest in criminal justice and/or law enforcement careers and may also have some academic focus on these career areas. Therefore, they are many times receiving experiential training and exposure to that which they are already receiving in the formal classroom setting of higher education. Their training and duties provide them with the opportunity to learn about victims' rights, crime victim compensation, and the referral network that is a critical part of helping victims achieve restoration. Unrelated to the direct activities of the program, but certainly supportive of overall efforts to identify and prevent crime in Pearland, the Citizens' Patrol participate in a 12 -week intensive training program that provides applicants with the ability to identify criminal and civil violations of local ordinances, and participate in the process of securing the proper law enforcement non -civilian responses needed to remediate the crime. Page 2 of 17 7 Crime Victim Services Division OVAGNCLG Application TAB A -Organization Office of the Attorney General 00132-16-0182 6.5 Describe how the organization recruits and retains volunteers or plans to do so. Alvin Community College and the University of Houston - Clear Lake have allowed the City's Police Department to pursue opportunities to place an intem with the Department. Opportunities for other volunteer roles are posted on the Police Department's webpage, with additional advertising posted on local bulletin boards in our government buildings. The program seeks volunteers that have the skills, background, and availability to provide support for activities, many of which do not involve those associated with direct victim assistance. Interns are allowed to receive course credit for their participation, but regular volunteers are not compensated for their time and effort. 7. COLLABORATIONS 7.1 Describe the benefits realized by victims of crime as a result of your organization's collaboration(s) with other organizations (if your organization collaborates) or through your organization alone (if your organization does not collaborate). Victims benefit greatly from the collaborative efforts of the Pearland Police Crime Victim Assistance Program. They are able to receive quality crisis counseling services, referrals to shelters and legal advocacy resources, and support for their efforts to remove themselves from environments containing family violence or abuse. Staff are able to maintain a current inventory of information about law updates, best practices approaches to delivering victims' assistance services, and also receive training that can be passed along to other internal practitioners such as officers and volunteers. 7.2 If your organization collaborates, provide a list of the organizations, including the organization type (law enforcement agency, advocacy center, hospital, task force, etc.) the applicant collaborates with to serve victims of crime for the purpose of supporting or assisting In victim recovery. Judicial/Law Enforcement • Brazoria County Sheriffs Office • Pearland Municipal Court • Brazoria County Court • Texas Department of Public Safety • Child Protective Services Non-profit • Pearland Neighborhood Center • Adult Reading Center • Brazoria County Women's Center Community -Based Organizations • Multi -County Interagency Coalition Against Sexual Abuse • Brazoria County Sexual Assault Response Team (SART) 8. STATE AND FEDERAL FUNDS EXPERIENCE YEARS 8.1 How many years of experience does the organization have in managing state or federal grant funds? 17 Page 3 of 17 8 Crime Victim Services Division 00132-16-0182 OVAGNCLG Application Office of the Attorney General TAB B -Output Target Calculation 9. OUTPUT TARGET CATEGORIES OUTPUT TARGET CALCULATION DIRECT VICTIM SERVICES Number of Unique Victims Served Assistance with Crime Victims' Compensation Assistance with Texas SAVNSNINE Information and Referral Assistance with Restitution Assistance with Victim Impact Panels Assistance with Victim Impact Statements Criminal Justice Accompaniment Crisis Intervention Emergency Funds Follow-up with Victim Individual Counseling Law Enforcement Accompaniment Legal Assistance 1Lodging Medical Accompaniment Other Peer Support Services Support Groups Therapeutic Groups Transportation Victim Advocacy VICTIM SERVICES TRAINING Faith -Based Individuals Trained Law Enforcement Individuals Trained Medical Individuals Trained Other Individuals Trained Prosecution/Judicial Individuals Trained School Faculty Individuals Trained Volunteer Individuals Trained Total Number of all Training Sessions Total Number of all Individuals Trained OUTREACH OR COMMUNITY EDUCATION Outreach or Community Education Presentations Outreach or Community Education Participants Informational Fairs Total Attendees at Informational Fairs 25% of Total Attendees (auto -calculates) Total Outreach or Community Ed Presentations STRUCTURED EDUCATION Structured Education Participants Structured Education Presentations Grant Funded Personnel listed In Section 10 of TAD C OUTPUT TARGET FY 2016 FY 2017 500 515 25 30 32 36 500 515 O 0 0 0 0 0 5 8 135 140 O 0 500 515 0 0 20 25 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 55 60 FY 2016 FY 2017 0 0 80 90 O 0 0 0 O 0 0 0 2 2 7 7 82 92 FY 2016 FY 2017 4 4 60 60 0 0 0 0 0 0 4 4 FY2016 FY2017 7 12 5 7 ProfesslonalConsullant listed In Section 11 of TAB C OUTPUT TARGET FY 2016 FY 2017 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FY 2016 FY 2017 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 FY 2016 FY 2017 0 0 0 0 0 0 0 0 0 0 0 0 FY 2016 FY 2017 0 0 0 0 Page 4 of 17 9 Crime Victim Services Division OVAGNCLG Application TAB C -Budget Calculation Office of the Attorney General 00132-16-0182 10. PERSONNEL & FRINGE Title of Position Schad- uled to work Sched- uled on this grant Direct Services on this grant Admin. on this grant. Other on thls grant Annual Salary Total Salary Requested on Uds grant. „ n Salary Funded by this grant Annual Fringe Benefits for the Position Fringe FundsFringe Requested or, this grant. % Funded by this grant FY 2016 HOURS PER WEEK SALARY FRINGE 1. Crime Victim Liaison - Toth 40 14 14 0 0 544,676.00 515,637.00 35.00% $17,325.00 $ 4,900.00 28.28% . Come Victim Liaison - Guadiana 40 15 15 0 0 $46,800.00 517,550.00 37.50% $11,678.00 $ 3,300.00 28.26% 3. 0 $ - $ - 0.00% $ - $ - 0.00% 4. o $ - 5 - o.00% $ - $ - 0.00% 5. o $ - $ - 0.00% $ - $ - 0.00% 6. o $ - $ - 0.00% $ - $ - 0.00% $33.187 SFRIN O FY 2017 HOURS PER WEEK SALARY E 1. Crime Victim Liaison - Toth 40 14 14 0 0 $44,676.00 $15,637.00 35.00% 517,325.00 $ 4,900.00 28.28% 2. Crime Victim Liaison - Guadiana 40 15 15 0 0 $46,800.00 517,550.00 37.50% $11,678.00 $ 3,300.00 28.26% 3. 0 $ - $ - 0.00% $ - $ - 0.00% 4. 0 $ - $ - 0.00% $ - $ - 0.00% 5. 0 $ - $ - 0.00% $ - $ - 0.00% 8. 0 $ - $ - 0.00% $ - $ - 0.00% 533,187.00 $ 8.200 10.1 FY 2016 POSITION NARRATIVE Provide a justification, which relates to the project's goal. 1. Crime Victim Liaison - Toth The goal of the program is to sustain the Cnme Victim Assistance Program in Pearland, with the ability to provide substantive crime victim assistance services to all Pearland crime victims seeking support. 2. Crime Victim Liaison - Guadiana The goal of the program is to sustain the Crime Victim Assistance Program in Pearland, with the ability to provide substantive crime victim assistance services to all Pearland crime victims seeking support. 3. 4. 5. 6. Page 5 of 17 10 Crime Victim Services Division OVAGNCLG Application TAB C -Budget Calculation Office of the Attorney General 00132-16-0182 102 FY 2017 POSmON NARRATIVE Provide a justification, which relates to the projects goal. 1. Come Victim Liaison - Toth The goal of the program is to sustain the Crime Victim Assistance Program in Pearland, with the ability to provide substantive crime victim assistance services to all Pearland crime victims seeking support. 2. Crime Victim Liaison -Guadiana The goal of the program is to sustain the Crime Victim Assistance Program in Pearland, with the ability to provide substantive crime victim assistance services to all Pearland crime victims seeking support. 3 4. Daily Rate of Compensat- ion Cost 5. 6. Cost 10.3 REQUEST FOR EXCEPTION TO OVAL REQUIREMENTS Indicate in the space provided below the reason and Justification for why the Applicant is asking for the exception. N/A 11. PROFESSIONAL & CONSULTANT SERVICES FY 2016 FY2017 Name of Professional/Company that Applicant will contract with to perforin Professional & Consuttant Services Description of Professional & Consultant Services No. of Days of Consultation Daily Rate of Compensat- ion Cost No. of Days of Consultation Daily Rate of Compensat- ion Cost $ - $ $ $ - $ - $ - 2 '$ - $ - 3 $ - $ - $ - $ - 4 $ - $ - $ - $ 5 3 - $ - $ b - $ - $ s S S $ $ 11.1 FY 2016 PROFESSIONAL & CONSULTANT SERVICES NARRATIVE Provide a justification for Professional & Consultant Services which relates to the • ro ect's • • : I. 11.2 FY 2017 PROFESSIONAL & CONSULTANT SERVICES NARRATIVE Provide a justification for Professional & Consultant Services which relates to the project's goal. Page 6 of 17 11 Crime Victim Services Division 00132-16-0182 OVAGNCLG Application TAB C -Budget Calculation Office of the Attorney General 12. TRAVEL FY 2016 2 Travel Purpose Positions: List all positions (separated by a comma) requested within travel type. Expense Type Total Cost of Travel % Requested by Deis OAG Grant Cost Requested by this OAG Grant Total Cost of Travel % Cost Requested ' Requested by this OAG by this OAG Grant l Grant OAG Sponsored Training OAG Sponsored Training Adore/Mileage $- 0% $ • $ __0% $ - Hotel $ 0% $ • $ 0% $ - P.r clwn $ - 0% $ - $ - 0% $ - Car RmrtalShutt* $ - 0% $ - $ - 0% $ Parking- 0% $ - $ - 0% $ MIacJHOMI Ta $ - 0% $ - $ - 0% $ TOTAL $ $ Additional Training AifaraMibage $0% $ - $ - 1 0% $ • HoW $ - 0% $ • $ 0% $ P« dam $ 0% $ - $ - 0% $ - Car Renmvshulne $ - 0% $ - $ - 0% $ Paddrg $ - 0% $ - $ - 0% $ Uisc IHatM Ta $ - 0% $ - $ - 0% $ - TOTAL $ - $ Additional Training AirtsraUaeage $ - 0% $ • $ - 0% $ Hotel $ 0% $ • $ - 0% $ dem $ - 0% $ - $ - 0% $ fPer Rental/Shiba $ - 0% $ - $ 0% $ F.anJg $0% $ •• $ 0% $ - tusc.M Tex $ - 0% $ - $ - 0% $ - TTOTAL $ - Additional Training Airfare/M • $- 0% $ • $ - 0% $ Hotel $ - 0% $ - $ - 0% $ - Por diem $• 0% - $ - 0% $ - Car Rental/Saudis $ - 0% I - $ - 0% $ - Perkeg $ - 0% $ - $ - 0% $ -� MbcJHotd Tax $ - 0% $ - $ 1 0% $ - TOTAL $ - - $ .l Additional Training Amore/Mteepe $ 0% $ - $ 0% $ Hotel- 0% $ - $ - 0% $ - Per diem $- 0% $ - $ 0% $ Car Renl+Slarwa $- 0% $ - $ - 0% $ Parking $- 0% $ • $ 0% $ MbcJHotei To. $- 0% $ - $ - 0% $ • TOTAL $ - $ - Additlonai Training AHare/Mileege $ 0% $ - $ 0% $ - Notel $ - 0% $ - $ - 0% $ Per dean $ - 0% $ - $ - 0% $ - C $ - 0% $ - $ 0% $ - Paddg $ - 0% $ - $ - 0% $ - MaaMwei Ta $ - 0% $ - $ 0% $ - TOTAL $ - $ - Additional Training AaM4eage $ - 0% $ - $ 0% $ Hotel $ 0% $ • $ - 0% $ - Per diem $- 0% $ - $ - 0% $ - Car Rental/Shue Rental/Shuttle $ - ' $ - $ 0% $ - Pandng $ - 0% 0% $ - $ - $ $ - 0% 0% $ - $ scJNael Tax $ TteOTAL $ - $ Local Travel Cost Per Mlle Requested by this OAG Grunt Coat Requested by this OAG Grant Purpose TTravelrequested Positions: List all positions (separates by a comma) within travel APS Expense Type Number of Mites Cost Per M Requested by this OAG Grant Cost Requested by ti is OAG Gent Number of Mees focal Travel (Mileage Only) Mileage $ - $ - $ - $ _ - $ - $ Page 7of17 12 Crime Victim Services Division 00132-16-0182 OVAGNCLG Application TAB C -Budget Calculation Office of the Attorney General 1/1 FY 2016 TRAVEL NARRATIVE Provide a justification describing the travel staff members Al perform. This should include the location to be traveled to, the number of trips planned, the title of the staff member who will be making the trips, and how the travel supports the goal of the grant. FY2016 12.2 FY 2017 TRAVEL NARRATIVE Provide a justification describing the travel staff members will perform. This should include the location to be traveled to, the number of trips planned, the title of the staff member who will be making the trips, and how the travel supports the goal of the grant. Total Cost Equipment 13. EQUIPMENT FY2016 FY2017 Item Total Cost Equipment Requested by this OAG Grant Requested by this OAG Grant TO ofCO� Equipment Requested by this OAG Grant Co Requested by this OAG Grant $ - 0% $ - $ - 0% $ - $ - 0% $ $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - $ - 13.1 FY 2016 EcUIPMENT NARRATIVE Provide a justification for Equipment which relates to the projects goal. 13.2 FY 2017 EQUIPMENT NARRATIVE Provide a Justification for Equipment which relates to the project's goal. Page 8 of 17 13 Crime Victim Services Division 00132-16-0182 OVAGNCLG Application TAB C -Budget Calculation Office of the Attorney General 14. SUPPLIES FY2016 FY 2017 Item Total Cost of Supplies % Requested by this OAG Grant Cost Requested by this OAG Grant Total Cost of Supplies % Requested by this OAG Grant Cost Requested by this OAG Grant OAG Sponsored Training Registration $ - 0% $ - $ - 0% J - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - - 0% $ - 14.1 FY 2016 SUPPUES NARRATIVE Provide a Justification for Supplies which relates to the project's goal $ - 14.2 FY 2017 SUPPLIES NARRATIVE Provide a justification for Supplies which relates to the projects goal. 0% $ - 15. OTHER DIRECT OPERATING EXPENSES (ODOE) FY 2016 FY 2017 Item Total Cost of ODOE % Requested by this OAG Grant Cost Requested by this OAG Grant lotal Cost of ODOE % Requested by this OAG Grant Cost Requested by this OAG Grant OAG Sponsored Training Registration $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - 0% $ - $ - $ - 15.1 FY 2016 OTHER DIRECT OPERATING EXPENSES NARRATIVE Provide a justification for Other Direct Operating Expenses which relates to the project's goal. 15.2 FY 2017 OTHER DIRECT OPERATING EXPENSES NARRATIVE Provide a justification for Other Direct Operating Expenses which relates to the project's goal. Page 9 of 17 14 Crime Victim Services Division OVAGNCLG Application TAB D - Project Summary Office of the Attorney General 00132-16-0182 16. PROJECT SUMMARY 16.1 Complete the following statement, which may be used by the OAG to summarize or describe the project. This project funds [number of staff] to serve victims by providing [types of ] services in [geographic locations].' The City of Pearland Crime Victim Assistance Program will request funding for its project to provide a portion of the salary and benefits for 2 Pearland Crime Victim Liaisons. These positions will continue to allow the program to serve victims of crimes in Pearland, Texas. Pearland population estimates for 2015 indicate that the City has grown by 17,548 people since the 2010 U.S. Census. Based on the City's tremendous growth since 2000, two Crime Victim Liaisons are needed for our program to handle the capacity for delivering services to victims, managing grant program compliance, administration, and providing training/technical assistance to police officers and other stakeholders. 17. TARGET POPULATION SPECIFIC VICTIMIZATIONS SPECIFIC POPULATIONS Adults Molested as Children X African-American X Assault X Asian X Child Abuse X Ekierty (65 and up) X DUI/DWI X Gay/LesbiarVBisexuaVTransgender X Family Violence X Hispanic X Hate/Bias Crimes X Persons with Disabilities X Human Trafficking Rural X Physical Abuse and/or Neglect X Spanish-speaking X Robbery X Other X Sexual Assault X Survivors of Homicide Victims X Other Victims of Crime X 18. PROBLEM STATEMENT 18.1 Provide a brief description of the specific victim -related issue(s) this project is designed to address as it relates to the specific victimization types reported in 17. Target Population of Tab D - Project Summary. The City of Pearland Crime Victim Assistance Program will provide supportive services to victims of crime in our community. Victim -related issues addressed will include emotional and financial restoration, achieving justice, and assisting victims establish the practices and behaviors that prevent further victimization. The economy and growing population in Pearland continue to drive criminal activity. The program, through the addition of a Crime Victim Specialist, will assist victims with crime victim advocacy, referrals, access health and safety services, court and hospital accompaniment, education and awareness information, and general recovery support efforts. Approximately 13 percent of Pearland's population has been provided with crime victim assistance from the Pearland Police Department's Crime Victim Liaison, made up of our community's women, children, men, minorities and the elderly. In 2002 and 2003, 21 percent of all victims served were minorities. While only one percent has required translation services, 15 percent require victim advocacy and crime victims' compensation support. Responding to the growing diversity in Pearland will be a critical objective of this grant -funded assignment. According to the most recent Census data, the increases in Pearland's African-American, Histpanic/Latino and Asian populations purport to a change of more than 1,580 percent. These groups made up less than 10,000 Pearland residents in 2000. Now, based on 2010 Census statistics, they comprise more than 35,000 Pearlanders and make up almost 40 percent of the total population. The City demography has grown to make Pearland one of the more diverse suburban communities with more than 51% of our population being of dissimilar ethnicity, nationality, race and culture. 19. SUPPORTING DATA 19.1 Provide data that supports the victim -related issue(s) and/or specific victimization types this project is designed to address. Cite research and/or data that is geographically relevant and specific to your service area. The Pearland Police Department was called upon to serve 621 crime victims in 2014. From the prior year, the demographics of victims served was relatively consistent in 2014, but some crimes demanded more attention than others. DUI/DWI victim assistance activities increased from 12 in 2013 to 22 in 2014. In 2013 no victims of terroristic threats were served, but 46 required supportive services in 2014. Fewer cases of homicides and robberies resulted in lower victim assistance services in these areas, but victims of assaults requiring services increased by 5 percent. Overall, significant crime victim services were necessary in the areas of crisis counseling (159 victims), justice support (84 victims), and personal advocacy (148 victims requiring accompaniment, restitution, medical advocacy. From 2013 to 2014, cleared cases of crimes against persons reduced by 8%. Consistent with prior years, crime victim services for those affected by domestic abuse continues to make up 48% of the total services provided to victims. Assault victims make up the next highest recipients of services at 17%. Page 10 of 17 15 Crime Victim Services Division 00132-16-0182 OVAGNCLG Application TAB D - Project Summary Office of the Attorney General 20. PROJECT GOAL 20.1 Provide a project goal, which relates to your Problem Statement, that shows what the project plans to achieve over the next two years with these grant funds. The goal should be a "SMART" goal: Specific, Measurable, Achieveable, Realistic and Timely. The primary goal of the project is to enhance the capacity of the current Pearland Cnme Victim Assistance Program by increasing personnel available to provide support for information and referral, outreach, crisis counseling and follow-up contacts with victims of crimes in Pearland. Our Victim Assistance Program protects the rights of victims through advocacy, while preventing further victimization by providing them with the proper information and referrals, crisis counseling, emergency financial support and shelter needed to cover their transition into restoration. Along with these key objectives, it is the aim of the program to expand its ability to provide on-call resources during after-hours emergencies, informing victims about police procedures, available community resources and other programs designed to assist victims during the aftermath of a crime. Victim assistance services fall within the Police Department's Police Investigations Division and are subject to meeting the goals, objectives, forecasted accomplishments and performance measures of the Division. Thorough investigation of crimes and apprehension of violators, as well as gathering, analyzing and disseminating information on criminal activity and the persons responsible for such activity are two important goals of the Division. Others include supporting all officers of the department with their criminal investigations and building strong cases for prosecution. 21. OUTPUT ASSESSMENT AND EVALUATION 21.1 Describe the systems, including tools and/or processes, written policies and procedures, databases, tracking forms or quality control testing, which will be used to track and verify the project's outputs. Direct Victim Services are tracked through data management activities that account the demographics, victimization catagories, and service areas for each victim. Alongside the tracking of information regarding caseload, victim's served and the categories of services provided, qualitative assessments that allow the program to determine the impact its services are having on victims will be ongoing. Surveys of victims throughout the process will be conducted and a customer satisfaction report may also be generated to show how citizens feel about the services they have received. Uniform Crime Report data is always utilized to enable the Crime Victim Liaison to manage its commitment to attempt to serve all those that are victims of crimes. Page 11 of 17 16 Crime Victim Services Division OVAGNCLG Application TAB D - Project Summary Office of the Attorney General 00132-16-0182 21.2 OUTPUTS SUMMARY PROJECTED TARGET DIRECT VICTIM SERVICES FY2016 FY2017 Number of Unique Victims Served 600 615 Assistance with Crime Victims' Compensation 25 30 Assistance with Texas VINE 32 38 Information and Referral 500 515 Assistance with Restitution 0 0 Assistance with Victim Impact Panels 0 0 Assistance with Victim Impact Statements 0 0 Criminal Justice Accompaniment 5 5 Crisis Intervention 135 140 Emergency Funds 0 0 Follow-up with Victim 500 515 Individual Counseling 0 0 Law Enforcement Accompaniment 20 25 Legal Assistance 0 0 Lodgingo 0 Medical Accompaniment 0 0 Other 0 0 Peer Support Services 0 0 Support Groups 0 0 Therapeutic Groups 0 0 Transportation 0 0 Victim Advocacy 55 60 VICTIM SERVICES TRAINING FY 2016 FY 2017 Faith -Based Individuals Trained 0 0 Law Enforcement Individuals Trained 80 90 Medical Individuals Trained 0 0 Other Individuats Trailed 0 0 Prosecution/Judicial Individuals Trained 0 0 School Faculty Individuals Trained 0 0 Volunteer Individuals Trained 2 2 Total Number of al Training Sessions 7 7 Total Number of all Individuals Trained 82 92 OUTREACH OR COMMUNITY EDUCATION FY2016 FY2017 Outreach or Community Education Presentations 4 4 Outreach or Community Education Participants 60 80 Informational Fars 0 0 Total Attendees at Informational Fairs 0 0 25% of Total Attendees (auto -calculates) 0 0 Total Outreach or Community Ed Presentations4 4 STRUCTURED EDUCATION FY 2016 FY 2017 Structured Education Participants7 12 Structured Education Presentations 5 7 21.3 PUBLIC AWARENESS CAMPAIGN (Statewide Applicants Only) 21.3 Describe the types of public service campaign products and activities (Internet press releases, press conferences, tv and radio, etc.) the applicant plans to provide in English and in other languages. The Crime Victim Assistance Program in Pearland will continue to utilize the City's website, the Police Department's website, and local media to publicize services and reach the community wlth educational materials and awareness. The City's Communications Department will be working with the Program to develop a short PSA for our local Municipal Channel to further inform the public of our capabdities. and to highlight the importance of victims' seeking support from our Program in the aftermath of a crime. The City will work with OAG officials to ensure the materials are consistent with regulatory requirements and the proper acknowledgements associated with the OAG-OVAG program's support of our objectives. Page 12 of 17 17 Crime Victim Services Division OVAGNCLG Application TAB D - Project Summary Office of the Attorney General 00132-16-0182 22- OUTCOMES SELECT ONLY TWO (2) OUTCOMES TO BE MEASURED BY YOUR PROJECT A. DIRECT SERVICE OUTCOMES Outcome Target L Increase in knowtedge of crime victims' rights. 20% (t] Increase in knowtedge of community resources and seryices. 30% Direct Service Outcomes: Mark an "X" for the Instrument you plan to use to measure the Outcome. Pre- and Post- Tests Staff Observations x Surveys Other (Provide Name/Type of Instruinent) B. PROFESSIONAL TRAINING OUTCOME Outcome Target % 11 Increase in knowledge of crime victims' rights. 10% Professional Training Outcome: Mark an "X" for the instrument you 'Ian to use to measure the Outcome. Pre- and Post- Tests x Staff Observations Surveys Other (Provide Name/Type of Instrument) C. COMMUNITY EDUCATION OUTCOME Outcome Target % U Increase in knowledge of community resources and services. Community Education Outcome: Mark an "X" for the instrument youylan to use to measure the Outcome. Pre- and Post- Tests Staff Observations Surveys Other (Provide Name/Type of Instrument) D. CHILDREN'S ADVOCACY CENTERS (CAC) and COURT APPOINTED SPECIAL ADVOCATES (CASA) (CAC and CASA APPLICANTS ONLY) Outcome Target % Li Reduction in trauma, crisis, stress and/or anxiety of child victim and/or protective family members. L ] Increase understanding/knowledge regarding criminal and civil justices system process in general and/or in regard to their spec is case. CAC and CASA: Mark an "X" for the Instrument you plan to use to measure the Outcome. Pre- and Post- Tests Staff Observations Surveys Other (Provide Name/Type of Instrument) Page 13 of 17 18 Crime Victim Services Division OVAGNCLG Application TAB D - Project Summary Office of the Attorney General 00132-16-0182 23. DETAILED IMPLEMENTATION PLAN 23.1 Descnbe this project's specific activities, which will be done over the next two years. The Crime Victim Liaisons will continue to deliver the proper appropriation of duties associated with the needs of citizens that were once underserved due to historical capacity challenges. Increasing staff has allowed more face-to-face time with victims, prevented scheduling challenges that arose due to situations requiring the Victim Liaisons to perform call -out duties, and increased outreach and follow-up contact with victims. Over the past two-year period, evaluation and outcome measurement were managed carefully and monitored to determine any changes or alterations in service -delivery standards of practice. A steady and consistent implementation of crime victim assistance has been provided over the past 14 years and the City plans to continue its successful history of doing so.Coordinating and strengthening relationships with community-based organizations and resources will be a substantive part of the Crime Victim Liaison's role. In addition, the Liaisons will spend significant time researching best practices and proposing strategies to implement new and innovative approaches to delivering victim assistance services. Assisting with oversight of community volunteer(s) and the academic intem(s) will also be a part of the specific activities of the Liaisons. The plan will also include measures to make an appropriate division of duties that allow the Crime Victim Liaisons to provide specialized levels of support for particular types of crime. Bi -lingual services and support for violence against women will be part of the specialized support that Liaisons continue to provide. 23.1 Continued: 23.1 Continued: Page 14 of 17 19 Crime Victim Services Division OVAG/VCLG Application TAB D - Project Summary Office of the Attorney Genera/ 00132-16-0182 232 Describe how these activities will help to reach the project's goal. Crime Victim Liaisons will be able to provide expansive service to more victims. Without Crime Victim Liaison staff, victims are left to fend for themselves where dealing with the psychological, emotional, physical and financial toll crimes against persons often result in. Having these resources, for a locality that has grown, and that continues to grow, as aggressively as Pearland has, means that our community is safer and our unfortunate victims are well -supported in the aftermath of a crime. Our project's goal, now supports a larger Strategic Goal developed by the City. We are engaged in the process of using a variety of local government functions. beyond those of law enforcement procedures, that provide us with the ability to create a "Safe City" through planning, development, code enforcement, and other aspects of the City's role in our community. Helping victims deal with the process of seeking justice, particularly those that have become the victims of domestic violence or assaults, prevents criminals from carrying on the belief that Pearland is a city that tolerates crime, and that its population of citizens will allow it to prevail over the safety and well-being of its residents. Providing victims with assistance in finding shelters or obtaining financial assistance through Crime Victim Compensation funds, accompanying them to court, providing them with educational materials or information about counseling services in the area, and supporting their need for regular updates about the status of their cases helps victims deal with the burdens of having become the subject of a crime; thus, meeting the goals of the program. 24. COMMUNITY RESOURCES Yes/No 24.1 Is collaboration with one or more outside organizations required to achieve specific project activities in the detailed implementation plan? Yes 24.2 Do these collaborations currently exist? Yes 24.3 Describe why these agreements are required. Local govemment agencies typically rely on community-based organizations and other entities to provide specialized services for those it services. Where crime victim services are concerned, the need for counseling expertise, medical professionals, legal advocacy, shelter and more intensive financial assistance must often come from outside organizations. Working agreements with these organizations allows the City to properly refer victims to local hospitals, crisis counseling professionals, housing organizations and other non-profit entities that can extend proper services to them. While the Crime Victim Liaison and Specialist will be able to provide most basic and general support services, it is incumbent upon our organization to partner with groups such as the Women's Center of Brazoria County, Texas Department of Public Safety, Pearland area hospitals, Pearland Neighborhood Center and Adult Reading Center to provide victims with the immediate, and sometimes long- term, support they need. Traditionally, the program has maintained steady involvement with the Multi -County Interagency Coalition Against Sexual Assault, the Pearland Network, as well as Brazoria County's Sexual Assault Response Team (SART) 25. SUSTAINABILITY PLAN 25.1 Briefly describe what would happen to the proposed grant project in the event that the OAG grant funds are no longer available. While grant funds support a substantive portion of the personnel costs of each crime victim staff person working for the City, the City of Pearland's Police Department has a commitment to maintain this program to the extent financially feasible. The City is committed to meeting the requirements set forth in Texas Code Article 56.04 and this program will continue to operate with, or without, grant funds. However, considering the ongoing concerns for local economic success and the existing trail of challenges that our fiscal budget faces from prior years of economic downturn, it is in our best interest to utilize available public and/or private assistance from grants to produce these results. Grant funds provide the structured programmatic activities that allow us to uniformly serve each victim The reporting standards. fiscal accountability measures. and partnership with OAG that this grant represents helps our citizens to benefit from the presence of a grant in ways that otherwise may not be available Page 15 of 17 20 Crime Victim Services Division 00132-16-0182 OVAGNCLG Application TAB D - Project Summary Office of the Attorney General 26. FINANCIAL 26.1 FINANCIAL SYSTEMS 262 Describe the financial systems, intemal controls, written policies and procedures, accounting software, databases, tracking forms or quality control testing, which will be used to track and verify the project's financial activities. The City of Pearland utilizes an traditional system of financial management with internal controls. written policies and procedures, accounting software, databases, grants administration and audits that ensure its compliance with local, state and federal guidelines. Separation of Duties exists for requesting payments from grant funding sources and accounting software is utilized to track expenses and report financial management activities. The Finance Department handles all grants received by the City and administers the functions of budget, accounting. purchasing, and audits associated with management of funds. A system of internal controls is procedurally outlined in our Purchasing Manual, Grants Policies and Procedures, Employee Manual and in various written guidelines distributed and officiated by the Finance Director. Annual audits. including Single Audit in compliance with OMB Circular A-133, are conducted and federal assistance is well documented and reported Grant expenses are presented to the Finance Department for payment, once requested by the Grants Coordinator and authorized/approved by the Finance Director. Once approved, payments are drafted and the expenses are recorded in the City's accounting software in accordance with the project's approved budget. Other procedures, controls and purchasing guidelines are maintained throughout the process of financial administration. The City of Pearland has no recent audit findings and has been a consecutive recipient of the Government Finance Officers Association Distinguished Budget Presentation Award since 1988, the Excellence in Financial Reporting since 1978 and has received a Certificate of Achievement Award from the ICMA Center for Performance Management since 2009. 26.3 BUDGET NARRATIVE 26.4 Provide a justification, which relate to the project's goal, for each requested budget category summarized in 27. Budget on lab D - Project Summary. The City of Pearland's Finance Department, Police Department, and Human Resources Department have collaboratively conducted a proper assessment of the duties required to enhance the capacity of the Crime Victim Assistance Program in Pearland, and have developed a proper pay scale and benefits structure for the Criime Victim Liaison positions. The rate of pay is commensurate with a local government position in similarly -situated jurisdictions that provide services and duties that are consistent with our desired professional The City's "Class Code 2116" consists of a salary range of $42,536 - $63,814 annually, of which the City is requesting $33,187 each fiscal year. Benefits calculated at 28.2 percent of each Liaison's calculated benefits result in $8,200 which will be requested each fiscal year of the grant. Of the $120,479 in total program costs, $41,387 will be requested from the Office of the Attorney General. The City and other sources of funding will provide the remaining $79,092 of the program costs. The total funds requested for the two-year project equal $82,774. Altogether, the Liaison's will provide two 100% FTE to the tasks of providing crime victim assistance to Pearland residents, and those that become victims of crimes here in Pearland. The OAG-OVAG program will provide 34 percent of the funding required to operate the program in its entirety. Page 16 of 17 21 Crime Victim Services Division 00132-16-0182 OVAGNCLG Application TAB D - Project Summary Office of the Attorney General 27. BUDGET SUMMARY PERSONNEL.A Posftlotls FY 2016 Requested FY 2017 Requested Total Project Cost Description Crime Victim Liaison - Toth 35% 14 $ 15,637 $ 15 637 $ 31,274 Crime Victim Liaison - Guadiana 38% 15 $17,550 $17,550 $ 35,100 0% $ $ $ 0% $ $ $ 0% $ $ $ 0% $ $ $ Total FTEs 0.73 Personnel Total $ 33,1871 $ 33,1871 $ 66,374 FRINGE Cnme Victim Liaison - Toth $ 4,900 $ 4,900 $ 9,800 Crime Victim Liaison - Guadiana $ 3,300 $ 3,300 $ 6.600 $ $ $ $ $ $ $ $ $ $ $ $ Fringe Total $ 8,200 $ 8,200 $ 16,400 PROFESSIONAL & CONSULTANT $ $ $ $ $ $ $ $ $ $ $ $ $ s __1, $ $ $ Professional & Consultant Total $ $ $ TRAVEL OAG Sponsored Training � $ $ $ $ $ $ $ $1 $ $ $ S $ _1 I. $ $ $ Local Travel (Mileage Only) $ $ Trawl Total 1- $ $ EQUIPMENT $ $ $ $ $ $ $ $ $ $ $ $ Equipment Total $ $ $ SUPPLIES $ $ $ $ $ ' $ $ $, $ $ $ Supplies Total $ $ $ OTHER DIRECT OPERATING EXPENSES OAG Sponsored Training Registration $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ t $ Other Direct Operating Expenses Total 1 $ TOTAL BUDGET $ 41,357 $ 41,387 $ 82,774 Page 17 of 17 22 Resolution No. 2015- 96 Exhibit "A" GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CITY OF PEARLAND POLICE DEPARTMENT OAG Contract No. 1662972 This contract is executed between the Office of the Attorney General (OAG) and City of Pearland Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and City of Pearland Police Department may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the 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. SECTION 2. TERM OF THE CONTRACT This contract shall begin on September I, 2015 and shall terminate August 31, 2016, unless it is terminated earlier in accordance with another provision of this contract. OVAG Contract - FY 2016 Pagc 1 of 20 • 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 OVAGNCLG FY 2015-2016 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 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 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. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with an OVAG Contract - FY 2016 Page 2 of 20 original signature of someone with authority. To change Grant Contact, GRANTEE must submit a written request on GRANTEE's letterhead signed by the Authorized Official. 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 (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 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. 4.2 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. Accordingly, quarterly statistical reports, for each quarter, are due on or before December 30, 2015, March 30, 2016, June 30, 2016, and continuing until the last quarterly statistical report which is due on or before September 30, 2016. 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. OVAG Contract - FY 2016 Page 3 of 20 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 in an appropriate format and on a timely basis and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budget. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month, in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A 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, 2016, GRANTEE will submit fiscal year end required reports. OVAG Contract - FY 2016 Page 4 of 20 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. Unless otherwise noted on Exhibit C (Special Conditions), 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. Unless, otherwise noted on Exhibit C (Special Conditions), 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 200 titled Uniform Administrative Requirement (audits of State, Local Government, and Non - Profit Organizations) or any subsequent governing document 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 20`h falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 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 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 OVAG Contract - FY 2016 Page 5 of 20 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, 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 so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, 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. 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 OVAG Contract - FY 2016 Pagc 6 of 20 terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, 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 and/or 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. Either Party may, at its sole discretion, terminate this contract, 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 pari 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 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. OVAG Contract - FY 2016 Page 7 of 20 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 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 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 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. 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 2262.003 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 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 OVAG Contract - FY 2016 Page 8 of 20 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 intemet 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-Grants@texasattorneygeneral.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 financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: OVAG Contract - FY 2016 Pagc 9 of 20 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@texasattorneygeneral.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 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 OVAG Contract - FY 2016 Page 10 of 20 failure to comply with this contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, Code of Federal Regulations (CFR) and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, 2 CFR 200, or any other authorities 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, executive orders, regulations and policies as well as Texas Government Code, Chapter 783, and the Uniform Grant Management Standards (UGMS). 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 2 CFR 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 (GAAP) 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 (1 5) 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 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 OVAG Contract - FY 2016 Page 11 of 20 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 and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer 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 the OAG. 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, taken 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 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. OVAG Contract - FY 2016 Page 12 of 20 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty -free, non- exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE 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 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 shalt 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 the 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. GRANTEE confirms by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. OVAG Contract - FY 2016 Page 13 of 20 11.9 Merging Entities. If GRANTEE merges with an organization that is currently receiving OVAG 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 organizations 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; and/or 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 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 '''A% of the federal poverty guidelines published by the United States Department of Health and Hunan Services. Victims, immediate family members of victims and claimants are defined in Article 56.32 of the Texas Code of Criminal Procedure. OVAG Contract - FY 2016 Page 14 of 20 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 the indigent person seeking legal assistance has made reasonable efforts to obtain the services of an attorney in private practice for the particular matter (including contacting attorneys in private practice in the county of residence of the indigent person who normally accept cases of a similar nature), and has been unable to obtain such services because the potential fee is inadequate, is likely to be uncollectible, would substantially consume any recovery by the client, or because of any other reason which the organization, acting in good faith, believes prevents the client from obtaining the services of a private attorney. 11.13.4 Other Restrictions. Grant funds shall not be used to directly fund class action suits, lawsuits against governmental entities, or lobbying for or against any candidate or issue. Grant funds shall not be used to sue or otherwise support a cause of action, claim, or defense against the State of Texas or the Office of the Attorney General, except as specifically provided below. 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 Office of the Attorney General. 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. OVAG Contract - FY 2016 Page 15 of 20 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 reasonable 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, at 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 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including All Exhibits. This contract, including all 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. 12.4 Partial Invalidity. If any tern 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 OVAG Contract - FY 2016 Page 16 of 20 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 711%eftee. Printed Name: CITY OF PEARLAND POLICE DEPARTMENT int= • Name: J. C• • Di tt Office of the Attomey General A : orized Official OVAG Contract - FY 2016 Page 17 of 20 GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CITY OF PEARLAND POLICE DEPARTMENT OAG Contract No. 1662972 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: FORTY-ONE THOUSAND THREE HUNDRED EIGHTY-SEVEN AND 00/100 ($41,387.00) DOLLARS. Budget. Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category State Fiscal Year 2016 Personnel $33,187 Fringe Benefits $8,200 Professional & Consultant Services $0 Travel $0 Equipment $0 Supplies $0 Other Direct Operating Expenses $0 Total $41,387 OVAG Contract - FY 2016 Page 18 of 20 GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CITY OF PEARLAND POLICE DEPARTMENT OAG Contract No. 1662972 EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS, the following narrative provided by GRANTEE in its grant application applies to this contract: The Crime Victim Liaisons will continue to deliver the proper appropriation of duties associated with the needs of citizens that were once underserved due to historical capacity challenges. Increasing staff has allowed more face-to-face time with victims, prevented scheduling challenges that arose due to situations requiring the Victim Liaisons to perform call -out duties, and increased outreach and follow-up contact with victims. Over the past two-year period, evaluation and outcome measurement were managed carefully and monitored to determine any changes or alterations in service -delivery standards of practice. A steady and consistent implementation of crime victim assistance has been provided over the past 14 years and the City plans to continue its successful history of doing so.Coordinating and strengthening relationships with community-based organizations and resources will be a substantive part of the Crime Victim Liaison's role. In addition, the Liaisons will spend significant time researching best practices and proposing strategies to implement new and innovative approaches to delivering victim assistance services. Assisting with oversight of community volunteer(s) and the academic intern(s) will also be a part of the specific activities of the Liaisons. The plan will also include measures to make an appropriate division of duties that allow the Crime Victim Liaisons to provide specialized levels of support for particular types of crime. Bi -lingual services and support for violence against women will be part of the specialized support that Liaisons continue to provide. OVAG Contract - FY 2016 Page 19 of 20 GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND CITY OF PEARLAND POLICE DEPARTMENT OAG Contract No. 1662972 EXHIBIT C 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: • Provide most recent Annual Independent Financial Audit or Single Audit within 30 days. • Submit signed "Resolution of the Governing Body" • Revise job description title or budget to match. OVAG Contract - FY 2016 Page 20 of 20