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R16-125 1 RESOLUTION NO. R16 -125 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 $58,619.21 FOR THE FISCAL YEAR 2016/17; 7 AUTHORIZING THE CITY MANAGER TO SIGN ALL 8 DOCUMENTS NECESSARY TO ACCEPT THE AWARD; 9 AND 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 $58,619.21; 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 19 THE CITY 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 the 25 Victims of Crime Act (VOCA) Grant from the Office of the Attorney General, Bureau of 26 Advocacy and Grants Management in the amount of $58,619.21 for the fiscal year 2016/17 27 funding cycle 28 Section 3. . The City Manager is authorized to sign all documents necessary to 29 accept the Grant award. 30 Section 4. This Resolution shall become effective immediately upon passage. C:\ Users\ Stanzionet \Appdata\Local\Microso8 \Windows \Temporary Internet Files \Content.IE5 \SATNOEVN \Accept_VOCA_Grant_(2016)_ - _Reso.Doc 31 32 PASSED AND ADOPTED this day of , 2016. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor — Steven B. Grant 39 40 Vice Mayor — Mack McCray 41 42 Commissioner — Justin Katz 43 44 Commissioner — Christina L. Romelus 45 46 Commissioner — Joe Casello 47 48 49 VOTE ,C' 50 51 ATTEST: 52 53 1 � 54 � i �/ a 55 Jith A. Pyle, CMC 56 L- erim City Clerk 57 58 59 4,4411S9k 60 (Corporate Seal) 62 -4544- , C:\ Users\ Stanzionet \Appdata\Local\Microsoft \Windows \Temporary Internet Files\ Content. IE5\ SATNOEVN \Accept Doc _VOCA_Grant_(2016)_ - Reso. - \� FY 2016/2017 (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- 2016 -City of Boynton Beach -00621 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 City of Boynton Beach hereafter referred to as the Provider. The parties hereto mutually agree as follows: ARTICLE 1. ENGAGEMENT OF THE PROVIDER The OAG hereby agrees to engage the Provider and the Provider hereby agrees to perform services as set forth herein. The Provider understands and agrees 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 agrees to provide the OAG with written notification of any change in its designated representative for this Agreement. This Agreement shall be performed in accordance with the Victims of Crime Act (VOCA), Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 62, No. 77, April 22, 1997, pp. 19607 -19621 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 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 and /or are presented to the Provider, as outlined in the approved Grant Application of the Provider for the Grant Period as approved by the OAG, incorporated herein by reference, unless otherwise approved by the OAG in writing. ARTICLE 3. TIME OF PERFORMANCE This Agreement shalt become effective on October 1, 2016, or on the date when the Agreement has been signed by all parties, whichever is later, and shall continue through September 30, 20I7. No costs incurred by the Provider prior to the effective date of said Agreement will be reimbursed and the Provider is solely responsible for any such expenses. Page 1 of 14 ARTICLE 4. GRANT FUNDS The Provider agrees not to commingle grant funds 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. However, the Provider's accounting systems must ensure OAG grant funds are not commingled with funds on either a program -by- program or a project -by- project basis. Grant funds specifically budgeted and /or 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 shall 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 (2015),, 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 (2015), 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 and /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. reduction of the final payment for the grant period under this Agreement by 5% of the total award amount listed in Article 32, and/or terminate this Agreement. ARTICLE 6. REGISTRATION REQUIREMENTS Prior to execution of this Agreement, the Provider shall 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 shall so register within twenty -one (21) days from execution. The online registration can be completed at: http: / /dms.myflorida.com /dms/ purchasing /myfloridamarketplace The Provider agrees to 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 also agrees to 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.ojp.gov /funding /sam.htm (Award condition: Registration with the System for Award Management and Universal Page 2 of 14 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 in order 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. The Provider acknowledges and agrees any grant funds reimbursed under this Agreement must be used in accordance with the Victims of Crime Act, Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 62, No. 77, April 22, 1997, pp. 19607- 19621, and the 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 shall be proportional to the percentage of VOCA grant funded staff who utilize the telephones and equipment, as contemplated by this Agreement. The Provider and the OAG agree 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. The OAG and the Provider further agree that travel expenses will be reimbursed with grant funds only in accordance with Section 112.061, Florida Statutes (2015). Expenditures of state financial assistance must be in compliance with all laws, rules and regulations applicable to expenditures of State funds, including, but not Iitnited to, the Florida Reference Guide for State Expenditures. Only allowable costs resulting from obligations incurred during the term of the 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 shall reimburse the OAG for all unauthorized expenditures and the Provider shall not use grant funds for any expenditures made by the Provider prior to the execution of this Agreement or after the termination date of the 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. Tithe Provider is a non - profit organization, the Provider agrees to obtain a minimum of three (3) written quotes for all single item grant - related purchases equal to or in excess of two thousand five hundred dollars (S2,500) unless it is documented that the vendor is a sole source supplier. The Provider will utilize the lowest quote for the purchase. The Provider understands and agrees that it cannot use any federal funds (including grant funds), either directly or Page 3 of 14 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 ofJustice, Office ofJustice 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 shall provide services to crime victims, at no charge, through the VOCA grant funded project. Upon request, the Provider agrees to 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 the Agreement shall be issued in accordance with the provisions of Section 215.422, Florida Statutes (2015). All required performance reports must be completed by the Provider and received by the OAG in order to document the provision of the project deliverables. Processing of reimbursement of a monthly invoice is contingent upon timely OAG receipt of performance reports, approval by the OAG of the level of service provided during the report period, and approval by the OAG of all performance reports due. The Provider shall provide all performance reports on a quarterly and annual basis unless otherwise requested by the OAG. Each monthly invoice and all required supporting documentation 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. The Provider shall maintain appropriate documentation of all costs represented on the invoice. The OAG may require any and all 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 45 days ,after the expiration or termination of the Agreement. If complete and correct, 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, and the OAG may terminate the Agreement. Any reimbursement dice or any approval necessary under the terms of the Agreement shall 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 agrees to 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 VOCA Federal Guidelines. Match contributions equal to 20% (cash or in -kind) of the total cost of each VOCA project (VOCA grant funds plus match contributions) must be Page 4 of 14 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 (2015), 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 12. LIABILITY AND ACCOUNTABILITY The Provider, if a non -profit entity, agrees to 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(s) and extension(s) 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 agrees that it 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 shall 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 agrees to 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 shall be the sole responsibility of the Provider. ARTICLE 14. DOCUMENTATION AND RECORD RETENTION The Provider shall 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 shall 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 the person(s) who performed the services or incurred the expenses, the daily time and attendance records and Page 5 of 14 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, shall be maintained at the office of the Provider fora period of five years from the termination date of the Agreement, or until any audit has been completed and any findings have been resolved, whichever is later. The Provider shall 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. If the Provider fails to provide access to such materials, the OAG may terminate this Agreement. Sections 119.071. and 960.15. Florida Statutes (2015), provide that certain records received by the OAG are exempt from public record requests, and any otherwise confidential record or report shall retain that status and will not be subject to public disclosure. 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 shall 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 shall allow public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, except for those records exempt from disclosure under one of the statutory provisions mentioned in the paragraph above, or are otherwise exempt from disclosure by operation of Section 119.071, Florida Statutes (2015) or Chapter 119. Florida Statutes. Failure by the Provider to allow the aforementioned public access constitutes grounds for unilateral cancellation by the OAG at any time, with no recourse available to the Provider. The Provider shall also keep and maintain all public records consistent with the State of Florida's record retention schedule. The Provider shall provide the OAG with a copy of all requested public records or allow the records to be inspected and copied within a reasonable time or as otherwise provided by law. The provider will ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of the Agreement if the Provider does not transfer the records to the OAG at that time. Upon completion of the Agreement, the Provider shall 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, at no cost, to the OAG al! public records in possession of the Provider. If the Provider transfers all public records to the OAG upon completion of the Agreement, the Provider shall 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, the Provider shall meet all applicable requirements for retaining public records. Ail public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, in a format compatible with the information technology systems of the OAG. 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 -3300, pam.bondi@myfloridalegal.com, OFFICE OF THE ATTORNEY GENERAL, PL -01, THE CAPITOL, TALLAHASSEE, FL 32399 -1050. ARTICLE 15. VICTIM SERVICES PRACTITIONER DESIGNATION TRAINING The Provider agrees to have all VOCA grant funded staff members complete training through the OAG's Victim Page 6 of 14 Services Practitioner Designation Training. ARTICLE 16. PROPERTY • The Provider agrees to 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 shalt be subject to the provisions of the U:S. Department of Justice, Office of Justice Programs, Office of the Comptroller Financial Guide. ARTICLE 17. AUDITS The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the Agency's Office of the Inspector General (Section 20.055, Florida Statutes (2015), or as authorized by law. 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 Title 2 C.F.R. Part 200, Subpart F. Article 32 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 shall 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 Title 2 C.F.R. Part 200. An audit of the Provider conducted by the Auditor General in accordance with Title 2 C.F.R. Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in this part, the Provider shall fulfill the requirements relative to auditee responsibilities as provided in Title 2 C.F.R. Part 200, Subpart F. 3. If the Provider expends less than $750,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Title 2 C.F.R. Part 200, Subpart F is not required. 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 the provisions of Title 2 C.F.R. Part 200, Subpart F, 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 Title 2 C.F.R Part 200, Subpart E. ARTICLE 18. AUDIT REPORT SUBMISSION Audits must be submitted no later than 150 days following termination or expiration of the Agreement. Page 7 of 14 1. Copies of audit reports for.audits conducted in accordance with the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Final Rule, and required by this Agreement shall be submitted, when required by Section 200.512, the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Final Rule, 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 shall be submitted timely in accordance with Title 2 C.F.R. Part 200, Subpart F, 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 Title 2 C.F.R. Part 200, Subpart F, by.entering into this Agreement, the Provider agrees to comply and cooperate with any monitoring procedures /processes and additional audits deemed appropriate by the OAG, including but not limited to on -site visits. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the OAG, 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% 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, the Agreement may be suspended, terminated or both while the extent of the overpayment is determined. Failure to comply with state law, or the Code of Federal Regulations, and the U.S. Department of Justice Programs, Financial Guide, may also result in the suspension, termination or both of the Agreement while the extent of the overpayment is determined. Absent fraud, in the event that there has been an overpayment to a 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, both parties agree that the Provider shall 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 shall 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 shall 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 shall 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 Page 8 of 14 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 (2015), 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 (2015), for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. ARTICLE 22. GRATUITIES The Provider agrees that it 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 the 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 Departinent•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 shall 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 shall 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 shall 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 shall 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 Page 9 of 14 Agreement. Subcontracts must specify that all patent rights and copyrights are reserved to the State of Florida. ARTICLE 24. INDEMNIFICATION AND ASSUMPTION OF LIABLITY To the extent permissible under Florida law, the Provider shall 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 shall not excuse the Provider's duty to defend and to indemnify the OAG within seven (7) days after notice by the OAG. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall 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 shall not release the Provider from these duties. The Provider shall not be liable for any claims, suits, judgments, or damages arising solely from the negligent acts of the OAG. 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. The Provider agrees to 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 OF AGREEMENT This Agreement may be terminated by the OAG for any reason upon five (5) 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 this Agreement is terminated by the OAG, the Provider shall deliver documentation of ownership or title, if appropriate for all supplies, equipnment and personal property purchased with grant funds to the OAG, within 30 days after termination of the Agreement. Any finished or unfinished documents, data, correspondence, reports and other products prepared by or for the Provider under this Agreement shall be made available to and for the exclusive use of the OAG. Notwithstanding the above, the Provider shall not be relieved of liability to the OAG for damages sustained by the OAG by virtue of any termination by the OAG or breach of this Agreement by the Provider. In the event this Agreement is terminated by the OAG, the Provider shall be reimbursed for satisfactorily performed and documented services provided prior to the effective date of termination. ARTICLE 26. AMENDMENTS Page 10 of 14 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 7, Authorized Expenditures. ARTICLE 27. 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 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(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. §7 94), 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 197.5 (42 U.S.C. §§ 6101 -07); and Exec. Order 13279 (67 Fed. Reg. 241). Pursuant to applicable federal laws and Chapter 760, Florida Statutes (2015), the Provider agrees not to 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. The Provider further assures that all contractors, subcontractors, sub - grantees, or others with whom it arranges to provide services or benefits to clients or employees in connection with any of its programs and activities are not discriminating 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 ofJustice, Office ofJustice Programs, to assist with policy and procedure development is available at http: / /ojp.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 ofJustice 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:t /www.lep.gov. In accordance with federal civil rights taws, the Provider shall 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 ofJustice Programs, Office for Civil Rights training modules and confirm compliance with this requirement to the OAG through self- reporting by December 31, 2016. The training modules are available at http: / /ojp.gov /about /ocr /assistance.htm. Page 11 of 14 Pursuant to Section 287.134, Florida Statutes (2015), an entity or affiliate who has been placed on the Florida Department of Management Services' discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide goods or services 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 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 ofJustice 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://ojp.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 shall not use award funding to discriminate against students that are participating in (or benefiting from) programs that are funded by those sane 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 shall state: "This project was supported by VOCA -2016 -City of Boynton Beach - 00621 awarded by the Office for Victims of Crime, Office ofJustice Programs. Sponsored by City of Boynton Beach 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 ofJustice 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 ofJustice 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). 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). Page 12 of 14 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(e) of the Immigration and Nationality Act. If the Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Any services performed by any such unauthorized aliens shall not be paid. The Provider shall utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of all persons hired during the Agreement term. ARTICLE 31. 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 the Bureau Chief, Christina F. Harris. All notices must be given to the parties' contract administrator. ARTICLE 32. CONTROLLING LAW AND VENUE This Agreement shall be governed by the laws ofthe State of Florida. Any and all litigation arising under the Agreement shall be instituted in the appropriate court of general jurisdiction in Leon County, Florida. ARTICLE 33. AMOUNT OF FUNDS The OAG agrees to 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 terns and conditions of the Agreement. The total sum of monies available for reimbursement to the Provider for services provided shalt not exceed "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 assumed to be at least from 8:00 AM to 5:00 PM, 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 artist 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 7 of this Agreement. ARTICLE 34. AGREEMENT AS. INCLUDING ENTIRE AGREEMENT This instrument and the approved 2016 -2017 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. Page 13 of 14 . . 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,covering one 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. IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERA/ nd City ofB . n Beach. have " executed is agreement. / .../. .„.0 4il ..‘. ,.... Authorizi fficial OAG Authorizing Official jig,* 4() .i-JAAJ Affa e)13ric\CP„i (45t.IS Print Name 40,,,.,,,....N.40., Print Name ..,..... ,;* k 1,4 tir,-.*'0 Lo Date 1„..,,p-1 Ar••••ro Date ''..VA„,, i 4 ( 1 'sr4-0=4,,,, Authirizing Official Authorizing Official Judith A. Pyle Print Name Print Name Date Date 596000282 FEID# of Provider 11,-1.1'id S.I.P4;119 '.-s' , 1:1A1-.1':} SAMAS Code '3JO S.Ilrii,ni,,, APPROVEDi 0 -• 1/ ., y..4 A A-4•14 pr CITY ATTORNEY Page 14 of 14