R18-132 1 RESOLUTION NO. R18-132
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 $61,759.00 FOR THE FISCAL YEAR
7 2018/19; AUTHORIZING THE CITY MANAGER TO
8 SIGN ALL DOCUMENTS NECESSARY TO ACCEPT
9 THE AWARD; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the City of Boynton Beach Police Department applied for and has
14 been awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney
15 General, Bureau of Advocacy and Grants Management; and
16 WHEREAS,the grant is in the amount of$61,759.00; and
17 WHEREAS, the VOCA grant funds will allow our agency to keep the current
18 VOCA funded victim advocate on staff.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach hereby accepts
26 the Victims of Crime Act (VOCA) Grant from the Office of the Attorney General, Bureau
27 of Advocacy and Grants Management in the amount of $61,759.00 for the fiscal year
28 2018/19 funding cycle
29 Section 3. The City Manager is authorized to sign all documents necessary to
30 accept the Grant award.
31 Section 4. This Resolution shall become effective immediately upon passage.
C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet
Files\Content.IE5\SATNOE VN\Accept_V OCA_Grant_(20 I 8)_-_Reso.Docx
32
33 PASSED AND ADOPTED this 20th day of September, 2018.
34
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor— Steven B. Grant
40
41 Vice Mayor—Christina L. Romelus
42
43 Commissioner—Mack McCray
44
45 Commissioner—Justin Katz /
46
47 Commissioner—Joe Casello /
48
49
50 VOTE f )
51
52 ATTEST:
53
54
55
56 Judith . Pyle, CMC
57 City erk
58
59
60
61 (Corporate Seal)
62
63
C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet
Files\Content.1E5\SATNOEVN\Accept_VOCA_Grant_(20I8)_-_Reso.Docx
FY 2018/2019
(2018-2019)
AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF LEGAL AFFAIRS
OFFICE OF THE ATTORNEY GENERAL
AND
City of Boynton Beach
GRANT No. VOCA-2018-City of Boynton Beach-00319
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. 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 rules implementing the provisions of the Federal Victims of Crime Act (VOCA), 42 U.S.C.A. §
10603, Victim Assistance Program, 28 C.F.R. §§ 94.101 through 94.122, the federal government-wide
grant rules as set forth in the Code of Federal Regulations, Title 2, Subtitle A. Ch. II, Pt. 200, beginning
at 2 C.F.R. § 200.0, 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
Revised 07/20/2018 Page 1 of 18
presented to the Provider, as outlined in the approved Grant Application of the Provider for the Grant
Period as approved by the OAG and incorporated herein by reference.
ARTICLE 3. TIME OF PERFORMANCE
This Agreement shall become effective on October I, 2018, or on the date when the
Agreement has been signed by all parties, whichever is later, and shall continue through September 30,
2019. 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.
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 he 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 (2017), 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 (2017), 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%
Revised 07/20/2018
Page 2 of 18
of the total award amount listed in Article 33, 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.cotn/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
<https://ojp.gov/funding/Explore/SAM.htm> (Award condition: Registration with the System for Award
Management and Universal Identifier Requirements), and are incorporated by reference. This special
condition does not apply to the Provider who is an individual and received the grant award as a natural
person (i.e.. unrelated to any business or non-profit organization that he or she may own or operate in his
or her name).
ARTICLE 7. W-9 REQUIREMENT
The State of Florida Department of Financial Services requires that vendors have a verified
Substitute Form W-9 on file to avoid delays in payments. Information on how to register and complete
your Substitute Form W-9 can be found at <http://flvendor.myfloridacfo.com/>. The Vendor
Management Section can also be reached at(850)413-5519.
ARTICLE 8. AUTHORIZED EXPENDITURES
Only expenditures which are detailed in the approved budget of the grant application, a revised
budget, or an amended budget approved by the OAG are eligible for reimbursement with grant funds.
Any requested modification to the budget must be submitted by the Provider in writing to the OAG and
will require prior approval by the OAG. Budget modification approval is at the sole discretion of the
OAG. The Provider acknowledges and agrees any grant funds reimbursed under this Agreement must be
used in accordance with the rules implementing the provisions of Victims of Crime Act (VOCA). 42
U.S.C.A. § 10603, Victim Assistance Program, 28 C.F.R. §§ 94.101 through 94.122, the federal
government-wide grant rules as set forth in the Code of Federal Regulations, Part 200, Subtitle A, Ch. II.
Pt. 200, beginning at 2 C.F.R. § 200.0, 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
Revised 07/20/2028
Page 3 of 18
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(2017).
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 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. If the
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 ($2,500) 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 indirectly, in support of any contract or subaward to either the Association of
Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior
written approval of the U.S. Department of Justice, Office of Justice Programs.
The Provider must report suspected fraud, waste and abuse to the OAG's Office of the
Inspector General at 850-414-3300.
ARTICLE 9. PROGRAM INCOME
The Provider shall provide services to crime victims, at no charge, through the VOCA grant
Revised 07/20/2018 Page 4 of 18
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 (2017). The OAG shall have twenty (20) days from the
receipt of any invoice for the approval and inspection of goods or services.
All required performance reports must be completed by the Provider and received by the OAG
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. The quarterly reports for December, March, and June must be
submitted by the Provider to the OAG by the 15th day of the month immediately following the end of
the quarter.
Except for the monthly invoices for December, March and June, each monthly invoice and all
required supporting documentation, including a Certificate of Availability, must be submitted by the
Provider to the OAG by the last day of the month immediately following the month for which
reimbursement is requested, unless otherwise approved by the OAG in writing. The monthly invoices
for December. March and June and all required supporting documentation, including a Certificate of
Availability, must be submitted by the Provider to the OAG by the 15th day of the month immediately
following the month for which reimbursement is requested, unless otherwise approved by the OAG in
writing. The Provider 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 and final performance reports are due to the OAG
no later than the last day of the month immediately following the cancellation, expiration, or termination
of 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 due 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.
Revised 07/20/2018
Page 5 of 18
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 rules implementing the
Federal Victims of Crime Act. 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 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 (2017). 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,
Revised 07/20/2018
Page 6 of 18
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 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 for a period of five (5)
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 (2017), 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 (2017) 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
Revised 07/20/2018 Page 7 of 18
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 all 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. All 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
850-414-3634, publicrecordsrequest@,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 and
achieve the Victim Services Practitioner Designation through the staff members' successful
participation in the OAG`s Victim Services Practitioner Designation Training Course provided through
the Florida Crime Prevention Training Institute (FCPTI). All VOCA funded staff members must timely
renew and maintain this designation certification by applying for renewal of the designation with the
OAG within the time frame mandated by the OAG through its Victim Services Practitioner Designation
Requirements.
ARTICLE 16. PROPERTY
The Provider 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 shall be subject to the provisions of the Financial
Guide.
ARTICLE 17. AUDITS; COMPLIANCE WITH OAG'S INSPECTOR GENERAL
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(2017)). or as authorized by law.
The administration of funds disbursed by the OAG to the Provider may be subject to audits and
Revised o7/zonois Page 8 of 18
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 fir
that year in accordance with the provisions of federal government-wide grant rules as set forth
in the Code of Federal Regulations, Title 2. Subtitle A, Ch. II, Pt. 200, beginning at 2 C.F.R. §
200.0. Article 33 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 federal government-wide grant rules as set
forth in the Code of Federal Regulations, Title 2, Subtitle A.Ch. II, Pt. 200, beginning at 2
C.F.R. § 200.0. An audit of the Provider conducted by the Auditor General in accordance with
the Code of Federal Regulations, Title 2, Subtitle A,Ch. II, Pt. 200, Subpart F, beginning at 2
C.F.R. § 200.500, will meet the requirements of this part.
2. In connection with the audit requirements addressed in this part, the Provider shall
fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. § 200.508.
3. If the Provider expends less than $750,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the Code of Federal Regulations, Title 2, Subtitle A, Ch. 11, Pt.
200. Subpart F, beginning at 2 C.F.K. § 200.500, 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 Code of Federal Regulations, Title 2, Subtitle A. Ch. II, Pt.
200, Subpart F, beginning at 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 the Code of Federal
Regulations, Title 2. Subtitle A, Ch. II, Pt. 200, Subpart E, beginning at 2 C.F.R. § 200.400.
ARTICLE 18. AUDIT REPORT SUBMISSION
Audit reports must be submitted no later than 150 days following cancellation,termination or
expiration of the Agreement.
I. Copies of audit reports for audits conducted in accordance with the Code of Federal
Regulations, Title 2, Subtitle A, Ch. II, Pt. 200, Subpart F. beginning at 2 C.F.R. § 200.500,
and required by this Agreement shall be submitted,when required by 2 C.F.R.§ 200.512, by or
on behalf of the Provider directly to the following:
A. Office of the Attorney General
Revised 02/20/2018 Page 9 of 18
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 federal
government-wide grant rules as set forth in the Code of Federal Regulations, Part 200,
Subtitle A. Ch. II, Pt.200, beginning at 2 C.F.R. §200.0, 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 the Code of Federal Regulations,
Title 2, Subtitle A, Ch. 11. Pt. 200, Subpart F, beginning at 2 C.F.R. § 200.500. 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 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% 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
Revised 07/20/2018 Page 10 of 18
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 GAG.
Should the Provider fail to immediately reimburse the OAG for any overpayment, the Provider will be
charged interest at the rate in effect on the date of the overpayment, as determined by the State of
Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the
overpayment or outstanding balance thereof. Interest will accrue from the date of the Provider's initial
receipt of funds up to the date of reimbursement of said overpayment funds to the OAG.
ARTICLE 21. PUBLIC ENTITY CRIME
Pursuant to Section 287.133, Florida Statutes (2017), 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 (2017), for CATEGORY TWO for a
period of thirty-six (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 shall
notify the OAG within five(5)days of its, or any of its affiliate's, placement thereon.
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 Department of Management Services for the potential inclusion of the
Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that
its subcontractors, if any, comply with these provisions.
ARTICLE 23. PATENTS, COPYRIGHTS. AND ROYALTIES
The Provider agrees that if any discovery or invention arises or is developed in the course of
or as a result of work or services performed under this Agreement. or in any way connected herewith,
the discovery or invention 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
Revised 07/20/2018 Page 11 of 18
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
Agreement.
Subcontracts must specify that all patent rights and copyrights are reserved to the State of
Florida.
ARTICLE 24. INDEMNIFICATION AND ASSUMPTION OF LIABLITY
The Provider shall he 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.
Revised 07/20/2018 Page 12 of 18
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. REMEDIES; INCLUDING TERMINATION OF AGREEMENT
The Provider's failure to perform pursuant to the terms of this Agreement may result in
non-payment, imposition of the financial consequences contained in this Agreement, delay of payment,
and/or termination as provided under this Agreement. Such non-compliance can result in any or all of
the additional following actions; temporary withholding of payments under ARTICLE 10, METHOD OF
PAYMENT. above, pending correction of all deficiencies by the Provider; appropriate legal action being
taken to enforce compliance by the Provider with the terms of this Agreement: and suspension of grant
funds up to and including termination of the Agreement by the OAG.
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, equipment 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
Modification of any provision of this Agreement must be mutually agreed upon by all parties
and requires a written and fully executed amendment to this Agreement, except as provided for budget
modifications submitted by the Provider in writing which have been previously approved by the OAG
pursuant to the terms of ARTICLE 8, AUTHORIZED EXPENDITURES.
ARTICLE 27. NONDISCRIMINATION
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
Revised 07/20/2018 Page 13 of 18
Juvenile Justice and Delinquency Prevention Act of 1974, as amended (34 U.S.C. § 11182(6)); 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 (2017), 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 of Justice. Office of Justice 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 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 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 of Justice Programs, Office for Civil
Rights training modules and confirm compliance with this requirement to the OAG through self-
reporting by December 31. 2018. The training modules are available at
http://ojp.gov/about/ocr/assistance.htm>.
Pursuant to Section 287.134. Florida Statutes (2017), an entity or affiliate who has been
Revised 07/20/2018 Page 14 of 18
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 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://ojp.gov/about/ocripdfs/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(ESOPs).
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 same federal funds. As an example provided
by the Office for Victims of Crime, Office of Justice Programs, the Provider cannot use VOCA funding
to treat a Catholic student differently than a non-Catholic student when both are applying for, or
receiving benefits from, the VOCA program. This same protection also applies to the students' parents
or legal guardians.
ARTICLE 29. ACKNOWLEDGMENTS
All publications, advertising or written descriptions of the sponsorship of the program shall
state: "This project was supported by Award No.VOCA-2018-City of Boynton Beach-00319 awarded by
the Office for Victims of Crime, Office of Justice 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 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, P1.01 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
Revised 07/20/2018 Page 15 of 18
202-307-2027 (TDD/TYY) or https://ojp.gov/above/ocr/complaint.htm. Individuals who are hearing
impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800-
877-8339 (TTY), 877-877-8982 (Speech). or 800-845-6136 (Spanish).
Condensed Civil Rights Statement: The City of Boynton Beach is an equal opportunity
provider and employer.
The Provider is required to display the OAG's "Civil Rights Fact Sheet" at locations open to the
public. The "Civil Rights Fact Sheet" will be made available to the Provider via the OAG E-Grants
Management System.
ARTICLE 30. EMPLOYMENT
The employment of unauthorized aliens by the Provider is considered a violation of Section
274A(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 Christina F. Harris, Chief,
Bureau of Advocacy and Grants Management. All notices must be given to the parties' contract
administrators respectively.
ARTICLE 32. CONTROLLING LAW AND VENUE
This Agreement shall be governed by the laws of the 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 terms and conditions of the Agreement. The total sum of monies
available for reimbursement to the Provider for services provided shall not exceed $61,759.00
"Availability to Provide Services" is defined as maintaining sufficient capacity to assist
victims during the Provider's core business hours throughout the Time of Performance. as set forth in
Article 3 of this Agreement. Core business hours are assumed to he 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 must continue to
maintain sufficient capacity to assist victims.
Revised 07/2012018 Page 16 of 18
"Contractual Services" are defined as those specified services established within the OAG
approved budget for which the Provider is to be paid upon completion at the set rate also established
within the OAG approved budget. as authorized expenditures eligible for payment, or reimbursement
pursuant to ARTICLE 8, AUTHORIZED EXPENDITURES, of this Agreement.
ARTICLE 34. AGREEMENT AS INCLUDING ENTIRE AGREEMENT
This instrument and the approved 2018-2019 grant application in the E-grants Management
System, embody the entire Agreement of the parties. There are no provisions, terms, conditions, or
obligations other than those contained herein. This Agreement supersedes all previous communications,
representations or Agreements on this same subject. verbal or written, between the parties.
There are no representations or statements that are relied upon by the Provider that are not
expressly set forth herein.
The Provider's signature below specifically acknowledges understanding of the fact that the
privilege of obtaining a VOCA grant is not something this or any Provider is entitled to receive. This
Agreement is for one-time funding only, 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.
Revised 07/20/2018 Page 17 of 18
IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and City of Boynton Beach,
ha :--cute:--cuteW et ent.
4„,i(K
Au horizing ficial OAG Authorizing Official
Steven B. Grant
Print Name Print Name
September 20 , 2018
Date DATE
Authorizing Official*
Print Name
Date
Authorizing Official*
Print Name
Date
FEID#of Provider
SAMAS Code
* Provided for use if multiple signatures are required by your organization.
Revised 07/20/2018 Page 18 of 18