R23-004 1 RESOLUTION NO. R23-004
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ACCEPTING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN ALL DOCUMENTS ASSOCIATED WITH
6 THE ACCEPTANCE AND GRANT AGREEMENT FOR THE
7 VICTIMS OF CRIME ACT GRANT IN THE AMOUNT OF
8 $74,628.00 FOR THE FISCAL YEAR 2022/23; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS,the City of Boynton Beach Police Department applied for and has been
13 awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney General,
14 Bureau of Advocacy and Grants Management; and
15 WHEREAS, the grant is in the amount of$74,628.00; and
16 WHEREAS, the VOCA grant funds will allow our agency to keep the current VOCA
17 funded victim advocate on staff.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
19 OF BOYNTON BEACH, FLORIDA, THAT:
20
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2. The City Commission of the City of Boynton Beach hereby accepts
25 the Victims of Crime Act (VOCA) Grant from the Office of the Attorney General, Bureau of
26 Advocacy and Grants Management in the amount of$74,628.00 for the fiscal year 2022/23
27 funding cycle.
28 Section 3. The City Manager is authorized to sign all documents necessary to
29 accept the Grant award and Grant Agreement.
S:\CA\RESO\Accept VOCA Grant(2022)-Reso.Docx
30 Section 4. This Resolution shall become effective immediately upon
31 passage. PASSED AND ADOPTED this 3rd day of January, 2023.
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35
36 Mayor-Ty Penserga
37
38 Vice Mayor-Angela Cruz
39
LV
40 Commissioner-Woodrow L. Hay
41 /
42 Commissioner-Thomas Turkin t/
43 /44 Commissioner-Aimee Kelley
45
46 VOTE S-0
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FY 2022/2023
(GRANT PERIOD)
AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF LEGAL AFFAIRS
OFFICE OF THE ATTORNEY GENERAL
AND
City of Boynton Beach
GRANT NO. VOCA-2022-896
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 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.
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), 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 2022/2023 Grant Period, 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 Provider's 2022/2023 Grant
Application 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, 2022, or on the date when this
Agreement has been signed by all parties, whichever is later, and will end on September 30,
2023.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 may impose a corrective action plan and
will reduce the final payment for the grant period under this Agreement by five percent of the
total award amount listed in Article 11. Additionally, failure of Provider to comply with all
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provisions of this agreement, including but not limited to compliance with audits, maintenance of
documentation,monitoring, and report submissions will result in the withholding of payments
until such issues are resolved as determined by the OAG. The provisions in this Article do not
limit the OAG's rights under the law with regard to breach of this agreement or specified
termination provisions.
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 so register within 21 days from execution. Failure of the PROVIDER
to register electronically with the state of Florida will result in non-payment for expenditures by
the Department of Financial Services until the PROVIDER has complied. The online
registration can be completed at: https://vendor.myfloridamarketplace.com/vms-
web/spring/login.
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 DOD'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 https://www.oip.gov/funding(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. E-GRANT SYSTEM REQUIREMENT
The PROVIDER's administrator has the authority to grant access to the E-Grant system
to the PROVIDER'S employees. The PROVIDER will immediately remove access to the E-
Grants system when an employee is no longer employed at the PROVIDER's agency or when an
employee's access is no longer necessary to perform their job duties at the PROVIDER's
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agency. The PROVIDER will perform quarterly checks to ensure that only authorized employees
have access to the E-Grant system and will report quarterly to the OAG their compliance with
this provision.
ARTICLE 9. 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), 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 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
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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 10. 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 11. AMOUNT OF FUNDS
A. Total Funds: The OAG will reimburse the Provider for contractual services 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$74,628.00.
B. "Availability to Provide Services"is defined as maintaining sufficient capacity to
assist victims during the Provider's business hours throughout the Agreement term. Provider's
business hours should be set during standard business work hours,which are between 8:00 a.m.
to 6:00 p.m. Monday through Friday, unless otherwise approved as alternative standard business
work 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.
C. "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 9,AUTHORIZED EXPENDITURES, of this
Agreement.
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ARTICLE 12. METHOD OF PAYMENT
A. 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.
B. Performance Reports: 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 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. The final performance report is due to the OAG no later than the last day of the month
immediately following the cancellation, expiration, or termination of this Agreement.
C. Monthly Invoices: 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 is due to the OAG no
later than the last day of the month immediately following the cancellation, expiration, or
termination of this Agreement.
D. Correction of Invoices: 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.
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E. Notice of Investigation: 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.
F. Maintenance and Submission of Reports: The Provider will maintain and timely
submit such progress, fiscal, inventory, and other reports as the OAG may require pertaining to
this grant.
G. Matching Grant Award: 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 13. VENDOR OMBUDSMAN
Pursuant to section 215.422(7), Florida Statutes, the Florida Department of Financial
Services has established a 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 14. 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 15. 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
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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 16. DOCUMENTATION, RECORD RETENTION
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.
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.
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ARTICLE 17. PUBLIC RECORDS
The Provider will comply with Chapter 119, Florida Statutes, Florida's public record
law. The Provider will keep and maintain public records required by the OAG to perform all
services required under this Agreement. A request to inspect or copy public records relating to
this Agreement must be made directly to the OAG. If the OAG does not possess the requested
records, the OAG will immediately notify the Provider of the request. 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, as well as unilateral
cancellation of this Agreement by the OAG. 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. 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. 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 are exempt from section
24(a)of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes.
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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,
PublicRecordsRequestOmyfloridalegal.com, OFFICE OF THE
ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL
32399-1050.
ARTICLE 18. 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 19. AUDITS; COMPLIANCE WITH THE INSPECTOR GENERAL
Pursuant to section 20.055, Florida Statutes, the Provider, and any subcontractor to the
Provider understand and will 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.
Title 2 C.F.R. Part 2, Subpart A, 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 that Part.
A. 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 11 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 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.
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B. 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.
C. 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 20. AUDIT REPORT SUBMISSION
Audit reports must be submitted no later than 150 days following cancellation,
termination or expiration of this Agreement.
A. 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:
Office of the Attorney General
Bureau of Advocacy and Grants Management
PL-01, The Capitol
Tallahassee, Florida 32399-1050
B. 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.
C. Providers should indicate the date the financial reporting package was delivered in
correspondence accompanying the financial reporting package.
ARTICLE 21. 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 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
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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 22. 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 23. 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.
Page 12 of 20
ARTICLE 24. 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 25. 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 OAG. 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.
Page 13 of 20
ARTICLE 26. 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.
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.
NOTE: The indemnification provisions of this Article are not applicable to entities
identified in section 768.28(2), Florida Statutes, and do not constitute a waiver of
sovereign immunity, or increase the limited waiver of sovereign immunity
specified in section 768.28, Florida Statutes.
ARTICLE 27. TERMINATION
A. Termination at Will: 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.
B. Termination for Non-Appropriation or Lack of Funds: 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.
C. Upon Termination: 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.
Page 14 of 20
D. 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 28. 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 9,AUTHORIZED
EXPENDITURES.
ARTICLE 29. NONDISCRIMINATION
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. § 2000d); 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,
Page 15 of 20
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 during the 2022-2023 grant period and confirm compliance with this
requirement to the OAG through self-reporting by December 31, 2022. The training modules
are available at http://ojp.gov/about/ocr/assistance.htm.
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. If warranted, recipients
Page 16 of 20
should also incorporate an analysis of the use of arrest and conviction records in their Equal
Employment Opportunity Plans.
ARTICLE 30. 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 31. ACKNOWLEDGMENTS
All publications, advertising or written descriptions of the sponsorship of the program
will state: "This project was supported by Award No. VOCA-2022-896 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 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://www.ojp.gov/program/civil-rights/filing-civil-rights-complaint. 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.
Page 17 of 20
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 32. EMPLOYMENT
A. 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.
B. In accordance with section 448.095(2), Florida Statutes, the Provider must
register with and use the U.S. Department of Homeland Security's E-Verify system:
https://www.uscis.gov/e-verify/employers, to verify the work authorization status of all new
employees hired to perform services specified in the Purchase Order. Subcontractors must also
be registered in the E-Verify system and provide the Provider with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The
Provider will maintain a copy of such affidavit for the duration of the Agreement. The OAG
may request documentation of compliance with this provision at any time during the Agreement
term. The Agreement may be subject to termination for failure to comply with the requirements
set forth in this Article, as specified in section 448.095(2)(a), Florida Statutes.
ARTICLE 33. 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 34. ADMINISTRATION OF AGREEMENT
All approvals referenced in this Agreement must be obtained from the parties'contract
administrators or their designees. All notices must be given to the parties' contract
administrators respectively.
The OAG's contract administrator is Christina F. Harris, Chief, Bureau of Advocacy and
Grants Management. The Provider's contract administrator will be provided at the time of
execution.
The parties will provide each other with written notification of any change in its
designated representative for this Agreement. Such changes do not require a formal written
amendment to this Agreement.
Page 18 of 20
ARTICLE 35. 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.
ARTICLE 36. ENTIRE AGREEMENT
This Agreement and the Provider's approved 2022-2023 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 parties 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.
Page 19 of 20
IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and City of Boynton
Beach, have executed this agreement.
'c ' .....461 i&hatd/itie//
Authorizing •ff•'al / OAG Authorizing Official
Richard Martin
Print Name Print Name
Nov 14, 2022
Date Date
Authorizing Official*
Print Name
Date
Authorizing Official*
Print Name
Date
FEID#of Provider
Flair Code
* Provided for use if multiple signatures are required by your organization.
Page 20 of 20
Office of the Attorney General
Grant Award Project Summary
Office of the Attorney General
Division of Victim Services
s' `�r' Bureau of Advocacy and Grants Office of the Attorney
/_ 1 : Management General Victims of Crime 2022-2023
PL-01 The Capitol Act Grant
,tN z•ori Tallahassee,Florida 32399-1050
Subrecipient Name and Address OAG Grant Number
City of Boynton Beach
PO Box 310 VOCA-2022-896
Boynton Beach,Florida 33425-0310
Subrecipient DUNS Number Project Period:From 10/1/2022 To 9/30/2023
072247133
Subrecipient IRS/Vendor/FEIN Number Budget Period:From 10/1/2022 To 9/30/2023
596000282
Project Title Award Date Award is R&D(Y/N)
OVC FY 18 VOCA Victim Assistance Formula 10/01/2022 No
OVC FY 19 VOCA Victim Assistance Formula Federal Indirect Cost Rate or De Minimis Rate
OVC FY 20 VOCA Victim Assistance Formula NA
Previous Award Amount Amount of this Award Total Award
$0.00 $74,628.00 $74,628.00
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,Award Date
U.S. Department of Justice
Office of Justice Programs 2018-2019: From 10/1/2017 to 9/30/2023
Office for Victims of Crime 2019-2020: From 10/1/2018 to 9/30/2023
OVC Federal Award Number OVC Total Award to OAG
2018-V2-GX-0018 -Awarded 08-09-2018 $210,755,732
2019-V2-GX-0047 -Awarded 09-13-2019 $143,823,948
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,Agency Executive Director,Date
Nov 14,2022 1111116
I