R19-105 1 RESOLUTION NO. R19-105
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND ACCEPTING THE
5 VICTIMS OF CRIME ACT (VOCA) GRANT IN THE
6 AMOUNT OF $66,749.00 FOR THE FISCAL YEAR
7 2019/20; AUTHORIZING THE CITY MANAGER TO
8 SIGN ALL DOCUMENTS NECESSARY TO ACCEPT
9 THE AWARD; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the City of Boynton Beach Police Department applied for and has
14 been awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney
15 General, Bureau of Advocacy and Grants Management; and
16 WHEREAS,the grant is in the amount of$66,749.00; and
17 WHEREAS, the VOCA grant funds will allow our agency to keep the current
18 VOCA funded victim advocate on staff.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach hereby accepts
26 the Victims of Crime Act(VOCA) Grant from the Office of the Attorney General, Bureau
27 of Advocacy and Grants Management in the amount of $66,749.00 for the fiscal year
28 2019/20 funding cycle
29 Section 3. The City Manager is authorized to sign all documents necessary to
30 accept the Grant award.
31 Section 4. This Resolution shall become effective immediately upon passage.
C:\Users\Stanzionet\AppdataTocal\Microsoft\W indows\rnetcache\IE\HE6MEH3X\Accept_VOCA_Grant_(2019)_-_Reso.Docx
32
33 PASSED AND ADOPTED this 1 day of QC Ob2,r, 2019.
34
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor— Steven B. Grant ✓
40 ✓
41 Vice Mayor—Justin Katz
42
43 Commissioner—Mack McCray
44
45 Commissioner—Christina L. Romelus
46
47 Commissioner—Ty Penserga
48
49
50 VOTE
51
52 ATTEST:
53
5
555
56 C tal Gibson, MMC
57 City Clerk
58
59
60
61 (Corporate Seal)
62 ;
•
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C:\Users\Stanzionet\Appdata\Local\M icrosoft\W indows\Inetcache\IE\HE6MEH3 X\Accept_V OCA_Grant_(2019)_-_Reso.Docx
FY 2019/2020
(2019-2020)
AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF LEGAL AFFAIRS
OFFICE OF THE ATTORNEY GENERAL
AND
City of Boynton Beach
GRANT NO:VOCA-2019-City of Boynton Beach-00329
THIS AGREEMENT is entered into in the City of Tallahassee,Leon County,Florida by and between the State of
Florida,Department of Legal Affairs,Office of the Attorney General (OAG),the pass-through agency for the Victims of
Crime Act(VOCA),Catalog of Federal Domestic Assistance(CFDA)Number- 16.575,hereafter referred to as"the
OAG, "an agency of the State of Florida,with headquarters located at PL-01,The Capitol, Tallahassee,Florida 32399-
1050,and the City of Boynton Beach,hereafter referred to as"the Provider,"and jointly referred to as"the Parties."
The parties hereto mutually agree as follows:
ARTICLE 1. ENGAGEMENT OF THE PROVIDER
The OAG engages the Provider to perform services as specified in this Agreement. All services are to be
performed solely by the Provider and may not be subcontracted or assigned without prior written consent of the OAG.
The consent of the OAG does not vest any rights in the subcontractor or create any obligation on behalf of the OAG to the
subcontractor. All subcontract agreements will contain a disclosure to this effect.
The Provider will provide the OAG with written notification of any change in its designated representative for this
Agreement. This Agreement will be performed in accordance with the rules implementing the provisions of VOCA, 34
U.S.C. §20103,Crime Control and Law Enforcement,28 C.F.R. §§ 94.101 through 94.122,the federal
government-wide grant rules as set forth in 2 C.F.R. §200,et.seq.,and the U.S.Department of Justice,(DOJ), Office of
Justice Programs,DOJ Grants Financial Guide,(Financial Guide),incorporated herein by reference, and any other
regulations or guidelines currently or subsequently required by the U.S.Department of Justice and State or Federal laws.
ARTICLE 2. SCOPE OF WORK
For the term of this Agreement,the Provider will maintain a victim services program that will be available to
provide direct services to victims of crime who are identified by the Provider or are presented to the Provider,as specified
in the approved Grant Application of the Provider for the Grant Period as approved by the OAG and incorporated herein
by reference.
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ARTICLE 3. TIME OF PERFORMANCE
This Agreement will become effective on October 1, 2019,or on the date when this Agreement has been signed
by all parties, whichever is later,and will end on September 30,2020.No costs incurred by the Provider prior to the
effective date of this Agreement will be reimbursed and the Provider is solely responsible for any such expenses.
ARTICLE 4. GRANT FUNDS
The Provider will not commingle grant funds(payments and reimbursements made under this Agreement)with
other personal or business accounts.The U.S. Department of Justice, DOJ Grants Financial Guide does not require
physical segregation of cash deposits or the establishment of any eligibility requirements for funds which are provided to a
Provider. The Provider's accounting systems must ensure grant funds are not commingled with funds on either a
program-by-program or a project-by-project basis. Grant funds specifically budgeted and received for one project may
not be used to support another. Where the Provider's existing accounting system cannot comply with this requirement,the
Provider will establish an additional accounting system to provide adequate grant fund accountability for each project.
In accordance with the provisions of Section 287.0582,Florida Statutes, if the terms of this Agreement and
reimbursement contemplated by this Agreement extend beyond the current fiscal year,the OAG's performance and
obligation to reimburse under this Agreement are contingent upon an annual appropriation and spending authority by the
Florida Legislature. In addition,the OAG's performance and obligation to reimburse under this Agreement is contingent
upon the OAG's Victims of Crime Act award,as funded through the U.S. Department of Justice, Office for Victims of
Crime formula grant program.
ARTICLE 5. FINANCIAL CONSEQUENCES
In accordance with Section 215.971,Florida Statutes,provisions specifying the financial consequences that apply
if the Provider fails to perform the minimum level of service required by this Agreement are set forth in this paragraph. The
Provider will be held responsible for maintaining a victim services program that will be available to provide direct services
to victims of crime who are identified by the Provider or are presented to the Provider,and meeting the deliverables and
the performance standards as outlined in the current year VOCA Grant Application and approved by the OAG,included
within the OAG E-Grants Management System,and incorporated herein by reference in the approved application,unless
otherwise modified as approved by the OAG in writing. If the Provider does not maintain a victim services program that
will be available to provide direct services to victims of crime as outlined in the approved application without an approved
justification,the OAG will impose a corrective action plan and/or a reduction of the final payment for the grant period
under this Agreement by five percent of the total award amount listed in Article 34.Additionally,failure of Provider to
comply with all provisions of this agreement, including but not limited to compliance with audits,maintenance of
documentation,monitoring,and report submissions may result in the withholding of payments until such issues are resolved
as determined by the OAG. The provisions in the Article do not limit the OAG's rights under the law with regard to
breach of this agreement or specified termination provisions.
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ARTICLE 6. REGISTRATION REQUIREMENTS
Prior to execution of this Agreement,the Provider will be registered electronically with the State of Florida at
MyFloridaMarketPlace.com. If the parties agree that exigent circumstances exist that would prevent such registration from
taking place prior to execution of this Agreement,then the Provider will register within 21 days from execution. The online
registration can be completed at: https://vendor.myfloridamarketplace.com/
The Provider will comply with the applicable requirements regarding registration with the System for Award
Management(SAM)(or with a successor government-wide system officially designated by the Federal Office of
Management and Budget and the DOJ's Office of Justice Programs),and to acquire and provide a Data Universal
Numbering System(DUNS)number. The Provider will comply with applicable restrictions on subcontractors that do not
acquire and provide a DUNS number. The details of Provider obligations are posted on the Office of Justice Programs'
website at http://www.oip.gov/funding/sam.htm (Award condition: Registration with the System for Award Management
and Universal Identifier Requirements),and are incorporated by reference. This special condition does not apply to the
Provider who is an individual and received the grant award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
ARTICLE 7. W-9 REQUIREMENT
The State of Florida Department of Financial Services requires that vendors have a verified Substitute Form W-9
on file to avoid delays in payments. Information on how to register and complete your Substitute Form W-9 can be found
at http://flvendor.myfloridacfo.com. The Vendor Management Section can also be reached at(850)413-5519.
ARTICLE 8. AUTHORIZED EXPENDITURES
Only expenditures which are detailed in the approved budget of the grant application,a revised budget,or an
amended budget approved by the OAG are eligible for reimbursement with grant funds. Any requested modification to the
budget must be submitted by the Provider in writing to the OAG and will require prior approval by the OAG. Budget
modification approval is at the sole discretion of the OAG. Any grant funds reimbursed under this Agreement must be
used in accordance with the rules implementing the provisions of VOCA,34 U.S.C. §20103,Crime Control and Law
Enforcement,28 C.F.R. §§94.101 through 94.122,the federal government-wide grant rules as set forth in the 2 C.F.R. §
200, and the U.S.Department of Justice,(DOJ), Office of Justice Programs,DOJ Grants Financial Guide,(Financial
Guide), incorporated herein by reference,and any other regulations or guidelines currently or subsequently required by the
U.S.Department of Justice and State or Federal laws. Expenditures for the acquisition and maintenance of telephones and
equipment will be proportional to the percentage of VOCA grant funded staff who utilize the telephones and equipment,as
contemplated by this Agreement. •
Grant funds cannot be used as a revenue generating source and crime victims cannot be charged either directly or
indirectly for services reimbursed with grant funds. Third party payers such as insurance companies,victim compensation,
Medicare or Medicaid may not be billed for services provided by grant funded personnel to clients. Grant funds must be
used to provide services to all crime victims,regardless of their financial resources or availability of insurance or third-party
reimbursements. Travel expenses will be reimbursed with grant funds only in accordance with Section 112.061,Florida
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Statutes.
Expenditures of state financial assistance must be in compliance with all laws,rules and regulations applicable to
expenditures of State funds, including,but not limited to,the Florida Reference Guide for State Expenditures.
Only allowable costs resulting from obligations incurred during the term of this Agreement are eligible for
reimbursement,and any balances of unobligated cash that have been advanced or paid that are not authorized to be
retained for direct program costs in a subsequent period must be refunded to the OAG. Any funds paid in excess of the
amount to which the Provider is entitled under the terms of this Agreement must be refunded to the OAG.
The Provider will reimburse the OAG for all unauthorized expenditures and the Provider will not use grant funds
for any expenditures made by the Provider prior to the execution of this Agreement or after the termination date of this
Agreement. If the Provider is a unit of local or state government,the Provider must follow the written purchasing
procedures of that governmental agency or unit. If the Provider is a non-profit organization,the Provider will obtain a
minimum of three written quotes for all single item grant-related purchases equal to or in excess of$2,500 unless it is
documented that the vendor is a sole source supplier. The Provider will use the lowest quote for the purchase.
The Provider will not use any federal funds(including grant funds),either directly or indirectly,in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN)or its
subsidiaries,without the express prior written approval of the U.S. Department of Justice, Office of Justice Programs.
The Provider must report suspected fraud, waste and abuse to the OAG's Office of the Inspector General at 850-
414-3300.
ARTICLE 9. PROGRAM INCOME
The Provider will provide services to crime victims,at no charge,through the VOCA grant funded project. Upon
request,the Provider will provide the OAG with financial records and internal documentation regarding the collection and
disposition of program income, including,but not limited to, Victim Compensation,insurance,Medicare,Medicaid,
restitution and direct client fees.
ARTICLE 10. METHOD OF PAYMENT
Payment for services performed under this Agreement will be issued in accordance with the provisions of Section
215.422,Florida Statutes. The OAG will have 20 days from the receipt of any invoice for the approval and inspection of
goods or services.
All required performance reports must be completed by the Provider and received by the OAG to document the
provision of the project deliverables. Processing of reimbursement of a monthly invoice is contingent upon timely OAG
receipt of performance reports,subject to approval by the OAG of the level of service provided during the invoiced
period, and approval by the OAG of all required performance reports. The Provider will provide all performance reports
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on a quarterly and annual basis unless otherwise requested by the OAG. The quarterly reports for quarters ending
December,March,and June must be submitted by the Provider to the OAG by the 15th day of the month immediately
following the end of the quarter.
Except for the monthly invoices for December,March and June,each monthly invoice and all required supporting
documentation, including a Certificate of Availability,must be submitted by the Provider to the OAG by the last day of the
month immediately following the month for which reimbursement is requested,unless otherwise approved by the OAG in
writing. The monthly invoices for December,March and June and all required supporting documentation, including a
Certificate of Availability,must be submitted by the Provider to the OAG by the 15th day of the month immediately
following the month for which reimbursement is requested,unless otherwise approved by the OAG in writing. The
Provider will maintain appropriate documentation of all costs for which reimbursement is sought on the invoice. The OAG
may require any appropriate documentation of expenditures prior to approval of the invoice and may withhold
reimbursement if services are not satisfactorily completed or if the documentation is not satisfactory. The final invoice and
final performance reports are due to the OAG no later than the last day of the month immediately following the
cancellation,expiration, or termination of this Agreement.
If the Provider submits an invoice that does not accurately reflect the costs associated for that month,the correct
costs must be submitted on the next monthly invoice or forfeit reimbursement from the grant for those particular costs.The
OAG will not accept any corrected invoices that are not received within this timeframe.If complete and correctly
documented invoices are not received within these time frames,all right to reimbursement may be forfeited,the OAG may
not honor any subsequent requests for payment.
Any reimbursement due or any approval necessary under the terms of this Agreement will be withheld until all
evaluation,financial and program reports due from the Provider,and necessary adjustments thereto,have been approved
by the OAG. The Provider is required to inform the OAG if they are being investigated by any governmental agency for
financial,programmatic,or other issues. If it comes to the attention of the OAG that the Provider is being investigated,all
pending requests for reimbursement may not be processed until the matter is resolved to the satisfaction of the OAG.
The Provider will maintain and timely submit such progress, fiscal,inventory,and other reports as the OAG may
require pertaining to this grant.
The Provider is required to match the grant award as required in the rules implementing the Federal Victims of
Crime Act.Match contributions equal to 20 percent(cash or in-kind) of the total cost of each VOCA project(VOCA
grant funds plus match contributions)must be reported monthly to the OAG. All funds designated as match contributions
are restricted in the same manner and to be expended for the same uses as the VOCA victim assistance grant funds and
must be expended within the grant period. Unless otherwise approved by the OAG,match contributions must be reported
on a monthly basis in an amount consistent with the amount of funding requested for reimbursement.
ARTICLE 11. VENDOR OMBUDSMAN
Pursuant to Section 215.422(7),Florida Statutes,the Florida Department of Financial Services has established a
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Vendor Ombudsman,whose duties and responsibilities are to act as an advocate for vendors who may have problems
obtaining timely payments from state agencies. The Vendor Ombudsman may be reached at(850)413-5516.
ARTICLE 12. LIABILITY AND ACCOUNTABILITY
The Provider, if a non-profit entity, will provide continuous and adequate director, officer,and employee liability
insurance coverage against any personal liability or accountability by reason of actions taken while acting within the scope
of their authority during the existence of this Agreement and any renewal and extension thereof. Such coverage may be
provided by a self-insurance program established and operating under the laws of the State of Florida.
ARTICLE 13. INDEPENDENT CONTRACTOR
The Provider is an independent contractor and not an officer,employee,agent,servant,joint venture, or partner of
the State of Florida, except where the Provider is a state Agency. Neither the Provider nor its agents,employees,
subcontractors or assignees will represent to others that the Provider has the authority to bind the OAG. This Agreement
does not create any right to any state retirement,leave or other benefits applicable to State of Florida personnel as a result
of the Provider performing its duties or obligations under this Agreement.The Provider will take such actions as may be
necessary to ensure that each subcontractor of the Provider will be deemed an independent contractor and will not be
considered or permitted to be an officer,employee,agent,servant,joint venturer,or partner of the State of Florida. The
OAG will not furnish support services(e.g., office space, office supplies,telephone service,and administrative support)to
the Provider, or its subcontractor or assignee,unless specifically agreed to in writing by the OAG.
All deductions for social security,withholding taxes, income taxes, contributions to unemployment compensation
funds and all necessary insurance for the Provider,the Provider's officers,employees,agents,subcontractors,or assignees
will be the sole responsibility of the Provider.
ARTICLE 14. DOCUMENTATION,RECORD RETENTION AND PUBLIC RECORDS
The Provider will maintain books,records,and documents(including electronic storage media)in accordance with
generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and
expenditures of grant funds.
The Provider will maintain a file for inspection by the OAG or its designee, Chief Financial Officer,Auditor
General,or U.S.Department of Justice that contains written invoices for all fees,or other compensation for services and
expenses, in detail sufficient for a proper pre-audit and post-audit. This includes the nature of the services performed or
expenses incurred,the identity of any persons who performed the services or incurred the expenses,the daily time and
attendance records and the amount of time expended in performing the services(including the day on which the services
were performed),and if expenses were incurred,a detailed itemization of such expenses.All documentation, including
audit working papers, will be maintained at the office of the Provider for a period of five years from the termination date of
this Agreement,or until any audit has been completed and any findings have been resolved,whichever is later.
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The Provider will give authorized representatives of the OAG the right to access,receive and examine all records,
books,papers,case files, documents,goods and services related to the grant funds. The Provider,by signing this
Agreement specifically authorizes the OAG to receive and review any record reasonably related to the purpose of the
grant as authorized in the original approved grant application and or the amendments thereto. Failure to provide
documentation as requested by the OAG under the provisions of this Agreement will result in either the termination of the
agreement or suspension of further reimbursements to the Provider until all requested documentation has been received,
reviewed, and the costs are approved for reimbursement by the OAG.
The Provider will comply with Chapter 119,Florida Statutes,Florida's public records law. Pursuant to Section
119.071, Florida Statutes,the Provider will keep and maintain public records required by the OAG to perform all
services required under this Agreement. Upon request by the OAG to inspect or copy public records relating to this
Agreement,the Provider will provide the OAG with a copy of the requested records at no cost to the OAG,or allow
the records to be inspected or copied by the member of the public making the records request at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law. The Provider must ensure
that in allowing public access to all documents,papers, letters,or other materials made or received in conjunction with
this Agreement,those records that are exempt or confidential and exempt from public records disclosure requirements
by operation of Section 119.071,Florida Statutes or Chapter 119,Florida Statutes,are not disclosed except as
authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider
does not transfer the records to the OAG.
If the Provider fails to provide the public records to the OAG within a reasonable time,it may be subject to
penalties under Section 119.10,Florida Statutes. In the event the Provider's business closes or the Provider is
permanently unable to perform said services,the Provider will electronically transfer all public records,at no cost,to the
OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said
services. If the Provider transfers all public records upon the Provider's business closing or becoming unable to
perform services,the Provider will destroy all duplicate public records that are exempt or confidential and exempt from
public record disclosure. The Provider will otherwise keep and maintain public records upon completion of the
agreement and will meet all applicable requirements for retaining public records. Upon completion of this Agreement,the
Provider will keep and maintain public records required by the OAG to perform the services to be provided in the
scope of this Agreement,or electronically transfer in a file format compatible with the information technology systems of
the OAG,at no cost to the OAG,all public records in possession of the Provider. In the event the Provider's business
closes or the Provider is permanently unable to perform under this Agreement,the Provider will electronically transfer,
at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the
Provider unable to perform said services. If the Provider transfers all public records to the OAG upon completion or
termination of the Agreement,the Provider will destroy all duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements.If the Provider keeps and maintains public records upon
completion of the Agreement,it must meet all applicable requirements for retaining public records,consistent with the
state of Florida's records retention schedule.All public records stored electronically must be provided to the OAG,
upon request of its Custodian of Public Records, at no cost to the OAG,in a format compatible with the information
technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow
access to all public records made or maintained by the Provider in conjunction with this Agreement,unless the records
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are exempt from Section 24(a)of Art.I,Florida State Constitution,and Sections 119.07(1)or 960.15,Florida
Statutes.
IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 850-414-3634,
publicrecordsrepuest(&,mvfloridalegal.com, OFFICE OF THE ATTORNEY GENERAL,
PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.
ARTICLE 15. VICTIM SERVICES PRACTITIONER DESIGNATION TRAINING
The Provider will have all VOCA grant funded staff members complete training and achieve the Victim Services
Practitioner Designation through the staff members'successful participation in the OAG's Victim Services Practitioner
Designation Training Course provided through the Florida Crime Prevention Training Institute (FCPTI). All VOCA funded
staff members must timely renew and maintain this designation certification by applying for renewal of the designation with
the OAG within the time frame mandated by the OAG through its Victim Services Practitioner Designation Requirements.
ARTICLE 16. PROPERTY
The Provider will be responsible for the proper care and custody of all property purchased with grant funds and
agrees not to sell,transfer,encumber,or otherwise dispose of property acquired with grant funds without the written
permission of the OAG. If the Provider is no longer a grant funds recipient, all property acquired by grant funds will be
subject to the provisions of the Financial Guide.
ARTICLE 17. AUDITS; COMPLIANCE WITH THE INSPECTOR GENERAL
Pursuant to Section 20.055, Florida Statutes, the Provider, and any subcontractor to the Provider understand and
wi Il comply with their duty to cooperate with the Inspector General in any investigations,audit inspection or review.
The administration of funds disbursed by the OAG to the Provider may be subject to audits and or monitoring by
the OAG,as described in this section.
This part is applicable if the Provider is a non-federal entity,meaning a State, local government,Indian tribe,
institution of higher learning, or nonprofit organization that carries out a Federal award as a recipient or subrecipient,as
defined in Title 2 C.F.R.Part 200, Subpart A.
1. In the event the Provider expends$750,000 or more during the non-federal entity's fiscal year in federal
awards, it must have a single or program-specific audit conducted for that year in accordance with the provisions
of federal government-wide grant rules as set forth in 2 C.F.R. §200,et. seq. Article 34 to this Agreement
indicates the amount of federal funds disbursed through the OAG by this Agreement. In determining the federal
awards expended in its fiscal year,the Provider will take into account all sources of federal awards,including
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federal resources received from the OAG. The determination of amounts of federal awards expended should be in
accordance with the guidelines established by federal government-wide grant rules as set forth in 2 C.F.R. §200.
An audit of the Provider conducted by the Auditor General in accordance with the 2 C.F.R. § 200.500,will meet
the requirements of this part.
2. In connection with the audit requirements addressed in this part,the Provider will fulfill the requirements
relative to auditee responsibilities as provided in 2 C.F.R. §200.508.
3. If the Provider expends less than$750,000 in federal awards in its fiscal year,an audit conducted in
accordance with 2 C.F.R. § 200.500. In the event the Provider expends less than$750,000 in federal awards in
its fiscal year and elects to have an audit conducted in accordance with 2 C.F.R. §200.500,the cost of the audit
must be reimbursed from non-federal funds(i.e.,the cost of such an audit must be reimbursed from Provider
resources obtained from other than federal entities),as mandated in 2 C.F.R. § 200.400.
ARTICLE 18. AUDIT REPORT SUBMISSION
Audit reports must be submitted no later than 150 days following cancellation,termination or expiration of this
Agreement.
1. Copies of audit reports for audits conducted in accordance with the 2 C.F.R. §200.500,and required by this
Agreement will be submitted,when required by 2 C.F.R. §200.512,by or on behalf of the Provider directly to
the following:
A. Office of the Attorney General
Bureau of Advocacy and Grants Management
PL-01, The Capitol
Tallahassee,Florida 32399-1050
2. Any reports,management letters, or other information required to be submitted to the OAG pursuant to this
Agreement will be submitted timely in accordance with federal government-wide grant rules as set forth in 2
C.F.R. § 200, et. seq., as applicable.
3. Providers should indicate the date the financial reporting package was delivered in correspondence accompanying the
financial reporting package.
ARTICLE 19. MONITORING
In addition to reviews of audits conducted in accordance with 2 C.F.R. §200.500,the Provider will comply and
cooperate with any monitoring procedures and processes and additional audits deemed appropriate by the OAG,including
but not limited to on-site visits. The Provider will also comply and cooperate with any inspections,reviews, investigations,
or audits deemed necessary by the OAG or its designee, Chief Financial Officer,Auditor General or the U.S. Department
Page 9
of Justice.
The Provider may not accept duplicate funding for any cost, position,service or deliverable funded by the OAG.
Duplicative funding is defined as more than 100 percent payment from all funding sources for any cost,position, service or
deliverable. If there are multiple funding sources and a program is funded by the OAG,the OAG or its designee has the
right to review all documents related to those funding sources to determine whether duplicative funding is an issue. If
duplicate funding is found,this Agreement may be suspended,terminated or both while the extent of the overpayment is
determined. Failure to comply with state or federal law,and the U.S.Department of Justice Programs, Financial Guide,
may also result in the suspension,termination or both of this Agreement while the extent of the overpayment is determined.
Absent fraud, in the event that there has been an overpayment to the Provider for any reason, if the amount of the
overpayment cannot be determined to a reasonable degree of certainty, as determined in the sole discretion of the OAG,
the Provider will reimburse to the OAG one half of the monies previously paid to the Provider for that line item for the
grant year in question.
ARTICLE 20. RETURN OF FUNDS
The Provider will return to the OAG any overpayments made to the Provider for unearned income or disallowed
items pursuant to the terms and conditions of this Agreement. In the event the Provider or any outside accountant or
auditor determines that an overpayment has been made,the Provider will immediately return to the OAG such
overpayment without prior notification from the OAG. In the event the OAG discovers that an overpayment has been
made,the contract manager,on behalf of the OAG,will notify the Provider and the Provider will forthwith return the funds
to the OAG. Should the Provider fail to immediately reimburse the OAG for any overpayment,the Provider will be
charged interest at the rate in effect on the date of the overpayment, as determined by the State of Florida,Chief Financial
Officer,pursuant to Chapter 55,Florida Statutes,on the amount of the overpayment or outstanding balance thereof.
Interest will accrue from the date of the Provider's initial receipt of funds up to the date of reimbursement of said
overpayment funds to the OAG.
ARTICLE 21. PUBLIC ENTITY CRIME
Pursuant to Section 287.133,Florida Statutes,the following restrictions are placed on persons convicted of
public entity crimes to transact business with the OAG: When a person or affiliate has been placed on the convicted
vendor list following a conviction for a public entity crime,he/she may not submit a bid,proposal or reply on a contract
to provide any goods or services to a public entity,may not submit a bid,proposal or reply on a contract with a public
entity for the construction or repair of a public building or public work,may not submit bids,proposals or replies on
leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier, subcontractor,
or consultant under a contract with any public entity,and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017,Florida Statutes, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list. The Provider certifies that neither it nor any affiliate has been
placed on such convicted vendor list and will notify the OAG within five days of its, or any of its affiliate's,placement
thereon.
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ARTICLE 22. GRATUITIES
The Provider will not offer or give any gift or any form of compensation to any OAG employee. As part of the
consideration for this Agreement,the parties intend that this provision will survive this Agreement for a period of two
years. In addition to any other remedies available to the OAG, any violation of this provision will result in referral of the
Provider's name and description of the violation of this term to the Department of Management Services for the potential
inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that
its subcontractors, if any,comply with these provisions.
ARTICLE 23. PATENTS,COPYRIGHTS,AND ROYALTIES
The Provider agrees that if any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement,or in any way connected herewith,the discovery or invention will be
deemed transferred to and owned by the State of Florida. Any and all patent rights accruing under or in connection
with the performance of this Agreement are hereby reserved to the State of Florida.
In the event that any books,manuals,films,or other copyrightable materials are produced,the Provider will
identify all such materials to the Agency. The Provider does hereby assign to the OAG and its assigns or successors,all
rights accruing under or in connection with performance under this Agreement,including the United States Copyright, all
other literary rights,all rights to sell,transfer or assign the copyright,and all rights to secure copyrights anywhere in the
world.
The Provider will indemnify and hold the OAG and its employees harmless from any claim or liability
whatsoever, including costs and expenses, arising out of any copyrighted,patented,or unpatented invention,process,or
article manufactured or used by the Provider in the performance of this Agreement. The Provider will indemnify and
hold the OAG and its employees harmless from any claim against the OAG for infringement of patent,trademark,
copyright or trade secrets.The OAG will provide prompt written notification of any such claim.During the pendency of
any claim of infringement,the Provider may,at its option and expense,procure for the OAG,the right to continue use
of,or to replace or modify the article to render it non-infringing. If the Provider uses any design, device,or materials
covered by letters patent,or copyright,it is mutually agreed and understood without exception the compensation paid
pursuant to this Agreement includes all royalties or costs arising from the use of such design,device,or materials in any
way involved in the work contemplated by this Agreement.
Subcontracts must specify that all patent rights and copyrights are reserved to the State of Florida.
ARTICLE 24. INDEMNIFICATION AND ASSUMPTION OF LIABLITY
The Provider will be liable for and indemnify,defend, and hold the OAG, and all of its officers,agents,and
employees,harmless from all claims,suits,judgments,or damages, including attorney's fees and costs,arising out of any
act or omission or neglect by the Provider and its agents,employees and subcontractors during the performance or
operation of this Agreement or any subsequent modifications or extensions thereof.
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The Provider's evaluation or inability to evaluate its liability will not excuse the Provider's duty to defend and to
indemnify the OAG within seven days after notice by the OAG. The Provider will pay all costs and fees including
attorney's fees related to these obligations and their enforcement by the OAG.The OAG's failure to notify the Provider
of a claim will not release the Provider from these duties. The Provider will not be liable for any claims,suits,judgments,
or damages arising solely from the negligent acts of the OAG.
The Provider will assume all liability associated with providing services under the terms and conditions of this
Agreement. This includes,but is not limited to,premises liability and any travel taken by any employee of Provider or
any recipient of Provider's services.
ARTICLE 25. TERMINATION
This Agreement may be terminated by the OAG for any reason upon five days written notice via certified U.S.
mail,hand delivery,or email to the Provider to the physical or email address provided by the Provider in the application.
In the event funds for payment pursuant to this Agreement become unavailable, the OAG may terminate this
Agreement upon no less than 24 hours written notice to the Provider. The notice will be sent by a method of email, or
by hand delivery with proof of delivery, to the representative of the Provider responsible for administration of the
program. The OAG will be the final authority as to the availability and adequacy of funds.
In the event this Agreement is terminated by the OAG,the Provider will deliver documentation of ownership or
title, if appropriate for all supplies,equipment and personal property purchased with grant funds to the OAG,within 30
days after termination of this Agreement.Any finished or unfinished documents,data,correspondence,reports and other
products prepared by or for the Provider under this Agreement will be made available to and for the exclusive use of the
OAG.
Notwithstanding the above,the Provider will not be relieved of liability to the OAG for damages sustained by
the OAG by any termination by the OAG of this Agreement by the Provider. In the event this Agreement is terminated
by the OAG,the Provider will be reimbursed for satisfactorily performed and documented services provided prior to
the effective date of termination.
ARTICLE 26. AMENDMENTS
Modification of any provision of this Agreement must be mutually agreed upon by all parties and requires a
written and fully executed amendment to this Agreement,except as provided for budget modifications submitted by the
Provider in writing which have been previously approved by the OAG pursuant to the terms of ARTICLE 8,
AUTHORIZED EXPENDITURES.
ARTICLE 27. NONDISCRIMINATION
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Recipients of federal financial assistance must comply with applicable federal civil rights laws,which may include
the Omnibus Crime Control and Safe Streets Act of 1968(34 U.S.C. §§ 10228(c)and 10221(a)); the Victims of
Crime Act of 1984,as amended(34 U.S.C. § 20110(e)); The Juvenile Justice and Delinquency Prevention Act of
1974,as amended(34 U.S.C. § 11182(b)); Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000(d)); Section
504 of the Rehabilitation Act of 1973(29 U.S.C. §794), Title II of the Americans with Disabilities Act of 1990(42
U.S.C. § 12131-34);Title IX of the Education Amendments of 1972(20 U.S.C. §§ 1681, 1683, 1685-86); the Age
Discrimination Act of 1975 (42 U.S.C. §§6101-07); and Exec.Order 13279(67 Fed.Reg.241).
Pursuant to applicable federal laws and Chapter 760,Florida Statutes,the Provider will not discriminate against
any client or employee in the performance of this Agreement or against any applicant for employment because of age,
race,religion,color, disability,national origin,marital status or sex. All contractors, subcontractors, sub-grantees, or
others that the Provider engages to provide services or benefits to clients or employees in connection with any of its
programs and activities will not discriminate against those clients or employees because of age,race,religion, color,
disability,national origin,marital status or sex.
The Provider must have policies and procedures in place for responding to complaints of discrimination that
employees and beneficiaries file directly with the Provider. Information provided by the U.S. Department of Justice,
Office of Justice Programs,to assist with policy and procedure development is available at
http://oip.gov/about/offices/ocr.htm.
In the event a federal or state court,or a federal or state administrative agency,makes a finding of discrimination
after a due process hearing on the grounds of race,color,religion,national origin,marital status or sex against the
Provider,the Provider will forward a copy of the findings to the Office of Justice Programs,Office for Civil Rights
(OCR),and the OAG.
As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency,and resulting agency guidance,national origin discrimination includes discrimination on the basis of Limited
English Proficiency(LEP). To ensure compliance with the Safe Streets Act and Title VI of the Civil Rights Act of 1964,
the Provider must take reasonable steps to ensure that LEP persons have meaningful access to its programs and
activities. Meaningful access may entail providing language assistance services, including oral and written translation,
where necessary. The Provider is encouraged to consider the need for language services for LEP persons served or
encountered both in developing its budgets and in conducting its programs and activities. Additional assistance and
information regarding your LEP obligations can be found at http://www.lep.gov.
In accordance with federal civil rights laws,the Provider will not retaliate against individuals for taking action or
participating in action to secure rights protected by these laws.
All Providers must complete a review of the Office of Justice Programs,Office for Civil Rights training modules
and confirm compliance with this requirement to the OAG through self-reporting by December 31,2019. The training
modules are available at http://oip.gov/about/ocr/assistance.htm.
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Pursuant to Section 287.134,Florida Statutes, an entity or affiliate who has been placed on the discriminatory
vendor list may not submit a response on a contract to provide any goods or services to a public entity;may not
submit a response on a contract with a public entity for the construction or repair of a public building or public work;
may not submit a response on leases of real property to a public entity;may not be awarded or perform work as a
contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
The Provider will notify the OAG if it or any of its suppliers,subcontractors,or consultants have been
placed on the convicted vendor list or the discriminatory vendor list during the life of this Agreement.
The OCR issued an advisory document for federal grant recipients on the proper use of arrest and conviction
records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of
Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and
Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964(June 2013),available at
http://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or
conviction records to screen either applicants for employment or employees for retention or promotion may have a
disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the
Advisory,recipients should consult local counsel in reviewing their employment practices. If warranted,recipients
should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity
Plans(EEOPs).
ARTICLE 28. NONDISCRIMINATION IN PROGRAMS INVOLVING STUDENTS
The Provider will not use award funding to discriminate against students that are participating in(or benefiting
from)programs that are funded by those same federal funds. As an example provided by the Office for Victims of
Crime,Office of Justice Programs,the Provider cannot use VOCA funding to treat a Catholic student differently than a
non-Catholic student when both are applying for,or receiving benefits from, the VOCA program. This same protection
also applies to the students'parents or legal guardians.
ARTICLE 29. ACKNOWLEDGMENTS
All publications,advertising or written descriptions of the sponsorship of the program will state: "This project
was supported by Award No.VOCA-2019-City of Boynton Beach-00329 awarded by the Office for Victims of
Crime,Office of Justice Programs. Sponsored by(name of Provider)and the State of Florida."
The Provider is required to display a civil rights statement prominently on all publications,websites, posters and
informational materials mentioning USDOJ programs in bold print and no smaller than the general text of the document.
The full civil rights statement must be used whenever possible. Single page documents that do not have space for the full
civil rights statement may contain a condensed version in a print size no smaller than the text used throughout the
document. If the civil rights statement is missing on a publication,the statement must be included the next time the
publication is revised or reprinted and printed copies of the statement must be attached to the current supply of the
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publication until the next revision is reprinted.
Full Civil Rights Statement: In accordance with federal law and U.S. Department of Justice policy,this
organization is prohibited from discriminating on the basis of race,color,national origin,religion,sex, age,or disability.
To file a complaint of discrimination,write the Florida Department of Legal Affairs,Federal Discrimination Complaint
Coordinator,PL-01 The Capitol,Tallahassee,Florida,32399-1050,or call 850-414-3300, or write Office for Civil
Rights,Office of Justice Programs,U.S.Department of Justice, 810 7th Street,NW, Washington,DC 20531 or call
202-307-0690(Voice)or 202-307-2027(TDD/TYY)or https://oip.gov/about/ocr/complaint.htm. Individuals who are
hearing impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800-877-8339
(TTY), 877-877-8982(Speech),or 800-845-6136(Spanish).
Condensed Civil Rights Statement: The City of Boynton Beach is an equal opportunity provider and employer.
The Provider is required to display the OAG's "Civil Rights Fact Sheet" at locations open to the public. The
"Civil Rights Fact Sheet" will be made available to the Provider via the OAG E-Grants Management System.
ARTICLE 30. EMPLOYMENT
The employment of unauthorized aliens by the Provider is considered a violation of Section 274A(a)of the
Immigration and Nationality Act. If the Provider knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement. Any services performed by any such unauthorized aliens will not be paid.
The Provider will utilize the U.S.Department of Homeland Security's E-Verify System to verify the employment
eligibility of all persons hired during this Agreement term.
ARTICLE 31. NO THIRD-PARTY RIGHTS
This Agreement and the rights and obligations created by it are intended for the sole benefit of the OAG and the
Provider. No third party to this Agreement,including the victims served by the Provider,have any rights under this
Agreement. No third party may rely upon this Agreement or the rights and representations created by it for any
purpose.
ARTICLE 32. ADMINISTRATION OF AGREEMENT
All approvals referenced in this Agreement must be obtained from the parties'contract administrators or their
designees. The OAG's contract administrator is Christina F.Harris,Chief, Bureau of Advocacy and Grants
Management. All notices must be given to the parties'contract administrators respectively.
ARTICLE 33. CONTROLLING LAW AND VENUE
This Agreement will be governed by the laws of the State of Florida. All litigation arising under this Agreement
will be instituted in the appropriate court of general jurisdiction in Leon County,Florida.
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ARTICLE 34. AMOUNT OF FUNDS
The OAG will reimburse the Provider for contractual services and/or availability to provide services for the
entire Time of Performance, as set forth in Article 3 of this Agreement,and completed in accordance with the terms and
conditions of this Agreement. The total sum of monies available for reimbursement to the Provider for services provided
will not exceed$66,749.00.
"Availability to Provide Services"is defined as maintaining sufficient capacity to assist victims during the
Provider's core business hours throughout the Time of Performance,as set forth in Article 3 of this Agreement. Core
business hours are between 8:00 a.m.to 6:00 p.m., Monday through Friday,unless otherwise approved as alternative
core business hours by the OAG. Employee leave earned under this grant period is reimbursable;however,the
Provider must continue to maintain sufficient capacity to assist victims.
"Contractual Services"are defined as those specified services established within the OAG approved budget for
which the Provider is to be paid upon completion at the set rate also established within the OAG approved budget, as
authorized expenditures eligible for payment, or reimbursement pursuant to ARTICLE 8,AUTHORIZED
EXPENDITURES,of this Agreement.
ARTICLE 35. AGREEMENT AS INCLUDING ENTIRE AGREEMENT
This instrument and the approved 2019-2020 grant application in the E-grants Management System,embody
the entire Agreement of the parties. There are no provisions,terms,conditions,or obligations other than those
contained herein. This Agreement supersedes all previous communications,representations or Agreements on this same
subject, verbal or written,between the parties.
There are no representations or statements that are relied upon by the Provider that are not expressly set forth
herein.
The Provider's signature below specifically acknowledges understanding of the fact that the privilege of obtaining
a VOCA grant is not something this or any Provider is entitled to receive. This Agreement is for one-time funding only
and will not exceed one federal fiscal year. There is absolutely no expectation or guarantee, implied or otherwise,the
Provider will receive VOCA funding in the future. The OAG strongly encourages the Provider to secure funding from
other sources if the Provider anticipates the program will continue beyond the current grant year.
Each of the parties executing this Agreement have full authority to do so and have received all lawfully necessary
approvals to enter into this Agreement.
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Office of the Attorney General
Grant Award Project Summary
Y_G Office of the Attorney General
,�oy� Division of Victim Services
Jr.?' r ,+ Office of the Attorney
�r v,j' r t Bureau of Advocacy and Grants
i' I. J /i ,�� Management General Victims of Crime 2019-2020
s ! N PL-01 The Capitol Act Grant
�'s4�-,-; Cel Tallahassee,Florida
Subrecipient Name and Address OAG Grant Number
City of Boynton Beach
VOCA-2019-City of Boynton Beach-00329
PO Box 310
Boynton Beach,Florida 33425-0310
Subrecipient DUNS Number Project Period:From 10/1/2019 To 9/30/2020
072247133
Subrecipient IRS/Vendor/FEIN Number Budget Period:From 10/1/2019 To 9/30/2020
596000282
Project Title Award Date Award is R&D(Y/N)
OVC FY 17 VOCA Victim Assistance Formula 09/24/2019 No
OVC FY 18 VOCA Victim Assistance Formula Federal Indirect Cost Rate or De Minimis Rate
Previous Award Amount Amount of this Award Total Award
$0.00 $66,749.00 $66,749.00
Special Conditions
The above grant project is approved subject to such conditions or limitations as are set forth in the Office of the
Attorney General contract.
Catalog of Domestic Federal Assistance(CFDA Number)
16.575-Crime Victim Assistance
Summary Description of Project
This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State of Florida.
Victims of Crime Act(VOCA)assistance funds are typically competitively awarded by the Office of the Attorney General
to public agencies and/or local,not-for-profit organizations that provide direct services to crime victims.
Federal Award Agency OVC Project Period
U.S.Department of Justice 2017-2018:From 10/1/2016 To 9/30/2020
Office of Justice Programs
2018-2019:From 10/1/2017 to 9/30/2021
Office for Victims of Crime
OVC Federal Award Number OVC Total Award to OAG
2017-VA-GX-0060 $115,217,117
2018-V2-GX-0018 $210,755,732
OAG Staff Contact Bureau Contact
Christina Harris,Bureau Chief contact.voca@myfloridalegal.com
(850)414-3380 (850)414-3380
Signature,OAG Authorizing Official,Date Signature,Agenc Executive Director,Date
•
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IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and City of Boynton Beach, have
executed this agreement.
gd":
Authorizing Official OAG Authorizing Official
Lowett LC � <21
Print Name Print Name
Date Date
Authorizing Official*
Print Name
Date
Authorizing Official*
Print Name
Date
FEID#of Provider
SAMAS Code
* Provided for use if multiple signatures are required by your organization.
Page 17