Loading...
09/18/2002 ~ ~_ ~ _ ~ _ _ _~_ _. _~___---1-__ AGREEMENT BETWEEN THE STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL AND Monroe County, Florida GRANT NO.: V2036 THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by and between the State of Florida, Office of the Attorney General, 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 being located in The Attorney General's Office, PL-Ol, The Capitol, Tallahassee, Florida 32399- 1050, and the Monroe County, Florida, 530 Whitehead Street, Key West, Florida 33040 thereafter 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 the services hereinafter set forth. The Provider understands and agrees that all services are to be performed solely by the Provider and may not be subcontracted for or assigned without the prior written consent of the OAG. The Provider agrees to supply the OAG with written notification of any change in the appointed 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, Office of Justice Programs, Financial Guide. ARTICLE 2. SCOPE OF SERVICES The Provider agrees to undertake, perform and complete the services as outlined in the original grant application unless otherwise approved in writing by the OAG. ARTICLE 3. TIME OF PERFORMANCE This Agreement shall become effective on October 1, 2002, or on the date when the Agreement has been signed by all parties, whichever is later, and shall continue through September 30,2003. No costs may be incurred by the Provider until the Agreement has been signed by all parties. The original signed document must be returned to the OAG by October 15, 2002, or the Agreement shall be voidable at the option of the OAG. ARTICLE 4. AMOUNT OF FUNDS The OAG agrees to pay the Provider for those services which are completed in accordance with the terms and conditions of this Agreement. The total sum of monies paid to the Provider for the costs incurred under this Agreement shall not exceed $17,131.00. The Providier agrees not to commingle grant funds with other personal or business accounts. The U.S. Department of Justice, Office of Justice Programs, Financial Guide does not require physical segregation of cash 1 I _.~-_._--------------------- deposits or the establishment of any eligibility requirements for funds which are provided to a recipient. However, the accounting systems of all recipients and Providers must ensure that agency funds are not commingled with funds from other federal agencies. Each award must be accounted for separately. Recipients and Providers are prohibited from commingling funds on either a program-by-program basis or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another. Where a recipient's or Provider's accounting system cannot comply with this requirement, the recipient or Provider shall establish a system to provide adequate fund accountability for each project. In accordance with the provisions of Section 287.0582, F.S., if the terms of this Agreement and payment thereunder extend beyond the current fiscal year, the OAG's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. ARTICLE 5. 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 payment with grant funds. Reallocation of less than twenty percent (20%) of a single category amount to another category may occur with prior written approval of the OAG. Reallocation of twenty percent (20%) or more shall require a contract amendment pursuant to Article 17 of this agreement. The OAG and Provider understand and agree that funds 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 U.S. Department of Justice, Office of Justice Programs, Financial Guide. The Provider and the OAG agree that VOCA 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 Compensmion, Medicare or Medicaid may not be billed for services provided by VOCA-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 payments. The OAG and the Provider further agree that travel expenses reimbursed with grant funds will not exceed state rates pursuant to Section 112.061, F.S.; that the Provider shall reimburse the OAG for all unauthorized expenditures; and that 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 the government agency. 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 one thousand dollars ($1,000) unless it can be documented that the vendor is a sole source supplier. The OAG may approve in writing an alternative purchasing procedure. ARTICLE 6. PROGRAM INCOME Providers must provide services to crime victims, at no charge, through the VOCA funded project. Upon request, the Provider agrees to provide the OAG with financial records and internal documentation regarding the collection and assessment of program income, including but not limited to victim compensation, insurance, restitution and direct client fees. 2 ARTICLE 7. METHOD OF PAYMENT Payments under this Agreement shall be made on a cost reimbursement basis. Reimbursement shall be made monthly based on Provider submission and OAG approval of a monthly invoice and actual expense report. Monthly invoices and actual expense reports must be submitted to the OAG by the last day of the month immediately following the month for which reimbursement is requested. The Provider shall maintain documentation of all costs represented on the invoice. At the OAG's option, the OAG may require that documentation of expenditures be submitted to the OAG prior to approval of the Invoice. The OAG may withhold payment if services are not satisfactorily completed or 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 the Provider fails to submit the final invoice within this time frame, all right to payment is forfeited, and the OAG may not honor any requests submitted after the aforesaid time period. Any payment due or any approval necessary under the terms of this agreement may 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 agrees to maintain and timely file such progress, fiscal, inventory, and other reports C;lS the OAG may require pertaining to this grant. Payment for services shall be issued in accordance with the provisions of Section 215.422, F.S. Pursuant to Section 215.422(5), F.S., the Department of Banking and Finance has established a Vendor Ombudsman, which is to act as an advocate for vendors who may have problems obtaining timely payments from the state agencies. The Vendor Ombudsman may be reached at (850) 488-2924 or by calling the State Comptroller Hotline, 1-800-848-3792. The Provider is required to Match the grant award as required in the Federal Guidelines. Match contributions of20% (cash or in-kind) ofthe total cost of each VOCA project (VOCA grant plus match) must be reported. All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be expended within the grant period. ARTICLE 8. REPORTS Quarterly reports as required by the OAG must be completed and received by the OAG no later than January 15,2003; April 15, 2003; July 15, 2003; and October 15,2003. Payment of a monthly invoice is contingent upon OAG receipt and approval ofthese reports. ARTICLE 9. 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, Comptroller, or Auditor General 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 oftime 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. Documentation, including audit working papers, shall be maintained at the office of the Provider for a period of five years from the termination date of the Agreement, or until the audit has been completed and any findings 3 have been resolved, whichever is later. The Provider shall give authorized representatives ofthe OAG the right to access, receive and examine all records, books, papers, case files, documents, goods and services related to the grant. If the Provider fails to provide access to such materials, the OAG may terminate this Agreement. Section 119.07(3)(s) and Section 960.15 F.S. provide that all 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 such record that is reasonably related to the purpose of the grant as authorized in the original grant application and or the amendments thereto. Failure to provide documentation as requested by the OAG shall result in the suspension of further payments to the Provider until requested documentation has been received, reviewed, and the costs are approved for payment by the OAG. ARTICLE 10. VICTIM ADVOCATE DESIGNATION The Provider agrees to have at least one staff member designated through the OAG's Victim Services Practitioner Designation Training. ARTICLE 11. PROPERTY The Provider agrees to be responsible for the proper care and custody of all grant property 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 subrecipient, all property acquired by grant funds shall be subject to the provisions of the u.S. Department of Justice, Office of Justice Programs, Office ofthe Comptroller Financial Guide. ARTICLE 12. AUDITS The administration of funds awarded 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 ifthe Provider is a State or local government or a non-profit organization as defined in OMB Circular A-B3, as revised. 1. In the event that the Provider expends $300,000 or more in Federal awards in its fiscal year, the Provider must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-B3, as revised. Article 4 to this agreement indicates the amount of Federal funds awarded through the OAG by this agreement. In determining the Federal awards expended in its fiscal year, the Provider shall consider 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 OMB Circular A-B3, as revised. An audit ofthe Provider conducted by the Auditor General in accordance with the provisions OMB Circular A-B3, as revised, 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 Subpart C of OMB Circular A-133, as revised. 4 I ._._ ,'_."'_.m____________________ 3. If the Provider expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Provider expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from Provider resources obtained from other than Federal entities.) ARTICLE 13. AUDIT REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Provider directly to each of the following: A. The Office of the Attorney General, Bureau of Advocacy and Grants Management: PL-O 1, The Capitol Tallahassee, Florida 32399-1050 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320(e) and (t), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package for an audit required by ARTICLE 12 ofthis agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the OAG for the reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the Provider shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the Provider's audited schedule of expenditures of Federal awards directly to the OAG. 3. 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 OMB Circular A- 133, as revised, as applicable. 4. Providers should indicate the date that the financial reporting package was delivered to the Provider in correspondence accompanying the financial reporting package. 5 , --~-----. ARTICLE 14. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, monitoring procedures may include, but not be limited to, on-site visits by OAG staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the OAG. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. ARTICLE 15. PUBLIC RECORDS Unless specifically exempted by law, all records made or received by the Provider in conjunction with this Agreement are public records available for inspection by the public in accordance with the provisions of Section 119.07, F.S. Refusal ofthe Provider to allow public access to such records shall constitute grounds for cancellation of this Agreement. ARTICLE 16. TERMINATION OF AGREEMENT If, in the judgement of the OAG, the Provider for any reason fails to fulfill the obligations under this Agreement in a timely manner; or violates or misrepresents any documentation related to the articles, terms or stipulations of this agreement; or if the OAG determines that the Provider did not meet the terms and conditions of a prior year's agreement; the OAG shall ha~e the right to terminate this Agreement by giving at least five (5) days written notice to the Provider by registered mail specifying the effective date. In the event this Agreement is terminated, all supplies, equipment and personal property purchased with grant funds shall be returned to the OAG. 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 ofthe 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 or breach of this Agreement by the Provider. In the event this Agreement is terminated, the Provider shall be reimbursed for satisfactorily performed and documented services provided through the effective date of termination. ARTICLE 17. AMENDMENTS Except as provided under Article 5, Authorized Expenditures, modification of any provision ofthis contract must be mutually agreed upon by all parties, and requires a written amendment to this agreement. ARTICLE 18. NONDISCRIMINATION No person, on the grounds of race, creed, color, national origin, age, sex or disability, shall be excluded from participation in; be denied proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement as proscribed by all applicable state : and federal laws and regulations. Failure to comply with such state and federal laws will result in the termination of this Agreement. 6 ARTICLE 19. ACKNOWLEDGMENT All publications, advertising or description of the sponsorship of the program shall state: "This project was supported by Award No, awarded by the Office for Victims of Crime, Office of Justice Programs. Sponsored by (name of Provider) and the State of Florida". ARTICLE 20. AGREEMENT AS INCLUDING ENTIRE AGREEMENT This instrument and the grant application embody the entire Agreement ofthe 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. 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. There is absolutely no expectation or guarantee, implied or otherwise, that the Provider will receive VOCA funding in the future. VOCA applications for grants are subject to a competitive process on an annual basis. The OAG strongly encourages the Provider to secure funding from other sources if the Provider anticipates that the program will continue beyond the current grant year. IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and the Monroe County, FI?fid~ have executed this Agreement. ~7!:~ Authorizing Official CJdLleLss jlI] CC-IY Y Print Name Bruce R. Meeks Executive Deputy Attorney General 9/:r/ 2- 9 ) '-'1/62- (Date) .5'9- ""0"7'" FID # of Provider ORIGINAL SAMAS Code 7