HomeMy WebLinkAboutExhibit 12011/2012
AGREEMENT BETWEEN THE STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
AND
City of Miami Police Department
GRANT NO. V11185
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
located at PL-01, The Capitol, Tallahassee, Florida 32399-1050, and the City of Miami Police
Department, City of Miami Police Department, 400 NW 2nd Avenue, 4th Floor, Miami, Florida
33128-1786 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 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, 1.997, pp. 19607-19621 and the U.S. Department of
Justice, Office of Justice Programs; Financial Guide; incorporated herein by reference.
ARTICLE 2. SCOPE OF SERVICES
For the 2011/2012 grant period, the Provider agrees to undertake, perform and complete
the services as outlined in the 2009/2010 grant application approved by the OAG, incorporated
herein by reference, unless otherwise approved in writing by the OAG.
ARTICLE 3. TIME OF PERFORMANCE
This Agreement shall become effective on October 1, 2011, or on the date when the
Agreement has been signed by all parties, whichever is later, and shall continue through
September 30, 2012. No costs incurred by the Provider prior to the effective date of said
Agreement will be reimbursed and Provider is solely responsible for any such expenses. The
original signed document must be returned to the OAG by October 14, 2011, or within 15 days of
signature by all parties, or the Agreement shall be voidable at the option of the OAG.
6-;
ARTICLE 4. AMOUNT OF FUNDS
The OAG agrees to reimburse the Provider for services completed in accordance with the
terms and conditions of the Agreement. The total sum of monies reimbursed to the Provider for
the costs incurred under this Agreement shall not exceed $32,247. The Provider 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
deposits or the establishment of any eligibility requirements for funds which are provided to a
recipient. However, the accounting systems of Providers must ensure OAG funds are not
commingled with funds on either a program -by -program or a project -by -project basis. Funds
specifically budgeted and/or received for one project may not be used to support another. Where
a Provider's accounting system cannot comply with this requirement, the 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 reimbursement thereunder extend beyond the current fiscal year, the OAG's
performance and obligation to reimburse under this Agreement are contingent upon an annual
appropriation by the Florida Legislature. This Agreement is contingent upon the OAG's Victims
of Crime Act award funded through the U.S. Department of Justice, Office for Victims of Crime
formula grant program.
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 reimbursement with
grant funds. Any modification to the budget must be requested in writing to the OAG and Will
require prior approval by the OAG. Modification approval is at the discretion of the OAG. The
Provider acknowledges and agrees any 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, ApriI 22, 1997, pp. 19607-19621, and the U.S. Department of
Justice, Office of Justice Programs, Financial Guide, incorporated herein by reference.
The Provider and the OAG agree 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 Compensation,
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 reimbursements. The OAG and the
Provider further agree that travel expenses reimbursed with grant funds will be in accordance with
all Section 112,061, F.S. requirements.
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 Providermust 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 is documented that the vendor is a sole source supplier.
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.
ARTICLE 7. METHOD OF REIMBURSEMENT
Reimbursements 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, VOCA Personnel Spreadsheet (VPS), Match Personnel Spreadsheet (MPS), and
Actual Expense Report (AER), if applicable. Monthly invoices, VPSs, MPSs and AERs, 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. The OAG may require documentation of expenditures prior to approval of the
invoice, and may withhold reimbursement 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 final invoice is not received within this
time frame, all right to reimbursement is forfeited, and the OAG will not honor any subsequent
requests. Any reimbursement 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 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 of 20% (cash or in -kind) of the total cost of each VOCA project
(VOCA grant plus match) must be reported monthly to the OAG. 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. Unless otherwise approved by the OAG, match must be reported on a monthly
basis consistent with the amount of funding requested for reimbursement.
ARTICLE 8. MONTHLY PERFORMANCE REPORTS
Monthly reports as required by the OAG must be completed andreceivedwith the
monthly invoice. Reimbursement of a monthly invoice is contingent upon OAG receipt and
approval of the corresponding monthly report. Failure to provide the complete correct report by
the deadline may result in termination of the Agreement. Providers will be held responsible for
meeting the service projections as outlined in Part 4 of the VOCA application and approved by
the OA-G, incorporated herein by reference unless otherwise approved by the OAG and shown as
Attachment "A."
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, Chief
Financial. Officer, 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 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. 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 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. If the Provider fails to provide access to such materials, the OAG may terminate this
Agreement. Section 119.071, and Section 960.15 F.S., provides 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 grant application and or the amendments
thereto. Failure to provide documentation as requested by the OAG shall result in the suspension
of further reimbursements to the Provider until 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, unless the records are exempt under one of
the provisions mentioned in the paragraph above, or are exempt from Section 119.071 F.S. or
Section 24 (a) of Article I of the State Constitution and 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.
ARTICLE 10. VICTIM ADVOCA I DESIGNATION
The Provider agrees to have at least one staff member complete training 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 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 recipient, all property acquired by grant funds shall be subject to the provisions of the
U.S. Department of Justice, Office of Justice Programs, Office of the Comptroller Financial
Guide.
ARTICLE 12. AUDITS
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 State or local government or a non-profit
organization as defined in OMB Circular A-133, as revised.
1. In the event that the Provider expends $300,000.($500,000 for fiscal years ending
after December 31, 2003) or more in Federal awards of any type in its fiscal year,
the Provider must have a single or program -specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, Article 4 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 OMB
Circular A-133, as revised. An audit of the Provider conducted by the Auditor
General in accordance with the provisions OMB Circular A-133, 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.
3. If the Provider expends less than $300,000 ($500,000 for fiscal years ending after
December 31, 2003) in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of ORB Circular A-133, as revised, is not required.
In the event that the Provider expends less than $300,000 ($500,000 for fiscal
years ending after December 31, 2003) 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 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).
ARTICLE 13. AUDIT REPORT SUBMISSION
Audits must be submitted no later than 180 days following termination or expiration of the
Agreement, but may be submitted at a later date upon written approval of the OAG.
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. Office of the Attorney General
Bureau of Advocacy and Grants Management
PL-01, 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 (f), 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 of this 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 infoinnation 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.
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 or
its designee; 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 Chief Financial Officer or Auditor General.
The Provider may not accept duplicate funding for any position, service or deliverable
funded by the OAG. Duplicative funding is defined as more than 100% payment from all funding
sources for any 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 while the extent of any overpayment is
determined, or terminated or both. Failure to comply with state law, or the U.S. Department of
Justice Programs, Financial Guide, may also result in the suspension of the Agreement while the
extent of the overpayment is determined, or termination or both. Absent fraud, in the event that
there has been an overpayment to a Provider for any reason, including the afore -mentioned, if the
amount of the overpayment cannot be determined to a reasonable degree of certainty, 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 15. TERMINATION OF AGREEMENT
This Agreement may be terminated by the OAG for any reason upon five (5) days written
notice via certified mail.
In the event this Agreement is terminated, 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. 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 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 16. AMENDMENTS
Except as provided under Article 5, Authorized Expenditures, modification of any
provision of this contract must be mutually agreed upon by all parties, and requires a written
amendment to this Agreement.
ARTICLE 17. 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. The Provider shall, upon request, show proof of such nondiscrimination.
Failure to comply with such state and federal laws will result in the termination of this
Agreement.
ARTICLE 18. ACKNOWLEDGMENT
All publications, advertising or describing of the sponsorship of the program shall state:
"This project was supported by Award No. V11185 awarded by the Office for Victims of
Crime, Office of Justice Programs. Sponsored by (name of Provider) and the State of Florida."
ARTICLE 19. 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 reimbursed.
ARTICLE 20. ASSURANCES
Attachment "B" Assurances is hereby incorporated by reference.
ARTICLE 21. CERTIFICATION FORM
Attachment "C" Certification Fouun is hereby incorporated by reference.
ARTICLE 22. CONTROLLING LAW AND VENUE
This Agreement is governed by Florida law. In the event of litigation, venue shall be in
the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida.
ARTICLE 23. AGREEMENT AS INCLUDING ENTIRE AGREEMENT
This instrument and the grant application embody the entire Agreement of the parties.
There are no provisions, teiuis, 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. This Agreement is for one time funding only. 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.
IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and the City
of Miami Police Department, have executed this Agreement.
Authorizing Official
Mr. Johnny Martinez
Print Name
2
D'r'=ctor of Administration
John Hamilton
Print Name
8'-7‹) - 1)
Date Date
59-6000375
FEID # of Provider
N/A
SAMAS Code
ORIGINAL
ATTACHMENT A
Agency Name: City of Miami Police Department
PART 4. VICTIMS SERVED AND TYPES OF SERVICES
Indicate the number of victims projected to be served by type of victimization:
Note: Indicate the number of victims served by VOCA-funded and matching funds through the grant period.
Each victim should be counted only once unless there is a separate instance of victimization. For example, a
victim of spouse abuse assault should be counted one time during the grant period unless he/she is
victimized as a result of a separate and unrelated crime. At a minimum, the agency will provide services
to no Tess than 90 percent of the total projected victim population.
# of Victims to be
Served
Type of Victim
# of Other Types of Victims to be Served
8
Child Physical Abuse
For other types of crimes, identify and list each separately
below.
20
Child Sexual Abuse
5
DUI/DWI Crashes
1
Child victims of cybercrime
1,500
Domestic Violence
. 1
Victims of child pornography
15
Adult Sexual Assault
1
Innocent victims of gang violence
10
Elder Abuse
2
Hit & Run
2
Adults Molested as Children
_. - -
15
Survivors of Homicide Victims
10
Robbery
300
Assault
1,885
; tp' ,t) -- p� y
5
` bT VsI T[
. S'E'R_ tED1
1,890
Indicate. the number of victims projected to receive the following service(s). (See Definitions for a description
of each service.)
# of Victims to be
Served
Type of Service
# of Other Types of Services to be provided
0 •
Crisis Counseling
For other types of services, identify and list each
separately below.
1,890
Follow-up Contacts
0
Therapy •
1890 . •
Written contact/mail contact
0
Support Groups
0
Crisis Hotline Counseling
0
Shelter/Safehouse
1,890
Information and Referral (In -Person)
0
Criminal Justice Support/Advocacy
0
Emergency Financial Assistance
0
Emergency Legal Advocacy
300
Assistance Filing Compensation Claims
- Mandatory Requirement
:, „ , ,
200
Personal Advocacy
3 JO S,1\' l':'H11h-"01a r
1,890
Telephone Contacts
-,r,r,
6,170... .,...,
"o ar' :X9 , al:
) 1,890
,l
O 'A $ICCEs
8,060
ORIGINAL
ATTACHMENT B
OMB APPROVAL NO. 1121-0140
EXPIRES 06/30/2009
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance,with all applicable Federal statutes, regulations,
policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-IO2, A-110, A-122, A-
133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70
(administrative requirements for grants and cooperative agreements). The applicant also specifically
assures and certifies that:
1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial.
capability (including funds sufficient to pay any required non-federal share of project cost) to ensure
proper planning, management, and completion of the project described in this application.
2. It will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
3. It will give the awarding agency or the General Accounting Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the financial
assistance.
4, It will comply with all lawful requirements imposed by the awarding agency, specifically including
any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63,and the award term in
2 C.F.R. § 175.15(b). •
5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C, § 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U,S,C.§
469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C, § 4321).
6. It will comply ,(and wiIlrequire any subgrantees or contractors to comply) with any applicable
statutorily -imposed nondiscrimination requirements, 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)); the Civil Rights Act of
1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. §7 94); the Americans with
Disabilities Act of 1990 (42 U.S.C.§ 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681,
1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279
(equal protection of the laws for faith -based and community -Organizations),
7. If a governmental entity —
a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a
result of federal and federally -assisted programs; and
b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain
political activities of State or local government employees whose principal employment is in connection
with an activity financed in whole or in part by federal assistance.
Signature Date Date
ORIGINAL
Recipient Name and Address:
ATTACHMENT C
CERTIFICATION FORM
City of Miami 3500 Pan American Drive, Miami, Fl 33133
Grant Title: VOCA 2011-2012 Grant Number: V11185
Award Amount: $32, 247.00
Contact Person Name and Title: Mrs , Mae C. Shepherd Phone Number: (305) 603-6198
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP. for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the ESOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an ESOP, but they
• do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
•
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If.a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant, Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7th Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the ESOP Requirement. Please check all the boxes that
apply.
❑ Recipient has less than 50 employees, • 0 Recipient is an Indian tribe,
❑ Recipient is a non-profit organization, 0 Recipient is an educational institution, or
❑ Recipient is a medical institution, 0 Recipient is receiving an award less than $25,000
•
I, [responsible official], certify that
[recipient] is not required to
prepare an ESOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient]: will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title
Signature . Date
Section B- Declaration Claiming Exemption from the ESOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
1 Johnny Martinez [responsible official], certify that
the City of Miami [recipient],which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
ESOP in accordance with 28 CFR §42.301, et seq., subpart E.. I further certify that the EEOP'has been formulated and
• signed into effect within the past two years by the proper authority and that it is available for review. The ESOP is on file in
the office of: Equal Opportunity/Diversity Programs Division [organization],
at 444 SW 2nd Avenue_, #642, Miami, F1 33130 [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Mr. Johnny.Martinez, City Manager
Print or type Name and Title Signature Date
ORIGINAL
OMB Approval No. 112I-0140 Expiration Date: O1/31/06