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Backup Documents 02/28/2023 Item #16J1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 N\ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney .lice at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. (Enter your Dept here) 3. County Attorney Office County Attorney Office �Ak JAjin 3///2,3 4. BCC Office Board of County Commissioners f?174/ 3/f/2 5 5. Minutes and Records Clerk of Court's Office ! t)pn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Marien Ruiz,Collier County Sheriff's Phone Number 239-252-0852 Contact/Department Office Agenda Date Item was 02/28/2022 Agenda Item Number 16.J.1 Approved by the BCC Type of Document(s) MOU and Grant agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's signature?(stamped unless otherwise stated) MR 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by MR the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney MR Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the MR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on_2/28/23_and all changes made during N/A is not the meeting have been incorporated in the attached document. The County Attorney SAk� an option for Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the 5 4 an option for Chairman's signature. this line. Please email a completed copy to Madison.Bird@Colliercountyfl.gov l: Forms/County Forms/BCC Fe ,.05;2.24.05; 11/30/12;4/22/16;9/10/21 1 J FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING (MOU) REGARDING A JOINT REGIONAL NEXT GENERATION 911 ROUTING PROJECT BETWEEN CHARLOTTE COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, DESOTO COUNTY BOARD OF COUNTY COMMISSIONERS, GLADES COUNTY BOARD OF COUNTY COMMISSIONERS, HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS, HENDRY COUNTY BOARD OF COUNTY COMMISSIONERS, HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS, LEE COUNTY BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, AND OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, this memorandum of understanding ("MOU") is made and entered into by and between Charlotte County Board Of County Commissioners (hereinafter, Charlotte BOCC), Collier County Board Of County Commissioners (hereinafter, Collier BOCC), Desoto County Board Of County Commissioners (hereinafter, Desoto BOCC) Glades County Board Of County Commissioners (hereinafter, Glades BOCC), Hardee County Board Of County Commissioners (hereinafter, Hardee BOCC), Hendry County Board Of County Commissioners (hereinafter, Hendry BOCC), highlands County Board Of County Commissioners (hereinafter, Highlands BOCC), Lee County Board Of County Commissioners (hereinafter, Lee BOCC), Monroe County Board Of County Commissioners(hereinafter,Monroe BOCC),and Okeechobee Board Of County Commissioners (hereinafter, Okeechobee BOCC) who desire to enter a Memorandum of Understanding regarding the parties Joint Regional Next Generation 911 (NG91 1) Systems and Services Project ("Project"). WHEREAS, the Board of County Commissioners listed in this agreement will be referred to collectively us the "Portico" and individually referred to an a "Party". WHEREAS, the Parties are authorized by 163.01, Florida Statutes. to enter into interlocal agreements to cooperatively and efficiently use their powers to provide public services that will advance the general health, safety and welfare of their respective citizens. WHEREAS, an MOU is a requirement of the State E911 Board to receive multiple year grant funding to support NG911 Systems and Services. I. PURPOSE The Charlotte BOCC, Collier BOCC, Desoto BOCC, Glades BOCC, Hardee BOCC, Hendry 130CC, Highlands BOCC, Lee BOCC, Okeechobee BOCC, and Monroe County encompass a portion of the 911 Region 6, as designated by the Florida Department of Management Services (DMS) for the purposes of establishing regional 911 initiatives. Emergency incidents and disasters do not recognize county boundaries. Additionally, the legacy routing of 9-1-1 calls, built around I J 1 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING landline telephone technology does not route cellular callers to the authorities based on their physical location. A large majority of calls for assistance now come from cellular callers. This MOU serves to further the 2019 legislative initiative of FIB 441 that subsequently created FS 365.177, "Transfer of[emergencyj calls between systems." Each Party to this MOU recognizes the need to move toward NG91 1 and allow fig improved 9-1-1 services across jurisdictional boundaries. Each BOCC agrees to participate. This MOU will establish the framework through which each Party will collaborate to implement the Project. Specifically,the Parties desire to plan, operate and maintain a shared NG911 Network and critical components and services necessary to ensure the most accurate and efficient routing of 911 calls. This may include, but is not limited to, an Emergency Services IP Network (ESinet), Core Services, GIS data accuracy. GIS data aggregation, and Cybersecurity. II. GRANT AWARD The Florida 911 State Grant Program allows for a five-year award for regional projects with the provision of an MOU between the participating counties of that region. These state grants are awarded to assist Public Safety Answering Points (PSAPs) in upgrading to NG911 capabilities. The Florida E911 Board. as Grantor, will be distributing funds to qualifying local governments in accordance with grant guidelines. Each party understands that it will be responsible for submitting a grant application and subsequent documentation for grant reimbursement. All the parties agree to abide by the grant conditions. I 1 I. REGIONAL COORDINATION The parties agree to: A. Collaborate on NG911 requirements that ensure maximum levels of interoperability through involvement of the appropriate local, state and tribal authorities within the counties and other entities. B. Collaborate on NG91 1 related matters and encouraue collaboration between PSAPs and GIS authorities in the development, and maintenance, and sharing of the critical GIS data needed to support NG911 services across the region and State of Florida. IV. INFORMATION AND OWNERSHIP Each party shall retain ownership, control of, and remain the public record custodian of all information it contributes into the shared NG91 I system. Counties may access shared data in the secure network or through shared data repositories as necessary for the effective operation of the system. As it relates to the NG911 ESlnet and Core Services, each party agrees to comply with the grant's requirements, which may require selection of NG911 providers that meet the latest ftll' Ai3 Standard and NENA Next Generation Security standards. V. TERMINATION 2 1 6 1 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING Each party's obligation to perform in accordance with this MOU is contingent upon the availability and appropriation of grant funds that are appropriated or allocated for the purpose of carrying out this MOU. Any party may terminate their participation in this MOU if it does not receive funds to allow it to participate in the Project. Any party wishing to terminate its participation pursuant to this provision shall notify the other parties in writing at least thirty (30) days before withdrawing from the Project. A. All parties agree that they will comply with the grant's terms. After the grant project period has ended, any party may terminate their participation in this MOU upon thirty (30) days' written notice to all other parties. B.' Any party who terminates its participation in the Project shall bear the cost of any local modifications necessary to exit participation in the shared 911 system. No terminating party shall be entitled to a refund of any payments made to improve the shared system arising from the terms of this MOIL This provision shall not impair any party's ability to collect monies from vendors related to the Project. VI. LIABILITY No participating party shall he liable to any other party for any third-party claim, which may arise out of the shared 911 system itself, its operation or use,or its failure to operate as anticipated.upon whatever cause of action any claim is based. The shared 911 system is designed to enhance regional 911 functions and assist emergency services agencies to provide backup to one another in disasters. It is not intended to be a substitute for the exercise of judgment or supervision of a Party's professionals or employees. All participating parties acknowledge that the responsibility for providing 911 dispatch and first responder services or other government related services rests with the respective Party which is providing such service and not with any other party to this MOU. VII. ADDITION OF COIJNT1ES Any county outside the DMS designated, Region 6,that is not part of this current agreement but wishes to participate later may be added upon the approval of the State E911 Board. Such county will supply the Parties with the written approval from DMS. The MOU will require an addendum as counties choose to participate in the Project. VIII. NOTICE All notices required to be given under this MOU shall be deemed sufficient to each party when delivered by email or registered or certified mail to: Charlotte County Board of County Commissioners CIO Hector Flores, County Administrator 18500 Murdock Cir 3 1 6 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING Port Charlotte, FL 33948 bcc.administration@charlottecouniyfl.gov With a copy to: Charlotte County Sheriffs Office Attn: Sheriff Bill Pummell 7474 Utilities Rd. Punta Gorda, FL 33982 Collier County Board of County Commissioners William McDaniel. Jr.—Chairman 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Desoto County Board of County Commissioners C/O Mandy Hines, County Administrator 201 E. Oak Street Suite 201 Arcadia, FL 34266 With a copy to: Desoto County Sheriffs Office Attn: Sheriff James "Jim" Potter 208 E. Cypress St. Arcadia, FL 34266 Glades County Board of County Commissioners Tim Stanley - Chairman PO Box 1527 500 Ave J Moore Haven, FL 33471 Hardee County Board of County Commissioners Russell Melendy - Chairman 412 W Orange St, Room 103 Wauchula, FL, 33873 Hendry County Board of County Commissioners C/O Jennifer Davis, County Administrator PO Box 1760 LaBelle, Florida 33975 Highlands County Board of County Commissioners C/O County Administrator 4 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT 6 J 1 MEMORANDUM OF UNDERSTANDING 600 S Commerce Ave Sebring, FL 33870 With a copy to: Highlands County Sheriff Office Attn: Sheriff Paul Blackman 400 S Eucalyptus St Sebring, Fl 33870 Lee County Board of County Commissioners C/O County Manager PO Box 398 Fort Myers, FL 33902 With a copy to: Lee County Attn: 911 Program Manager PO Box 398 Fort Myers,FL 33902 Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 With a copy to: Monroe County Sheriff's Office Rick Ramsay Sheriff 5525 College Road Key West, FL 33040 Okeechobee County Board of County Commissioners C/O Deborah Manzo, County Administrator 304 NW 2"d Street Okeechobee, FL 34972 IX. MODIFICATIONS This MOU may be amended by written agreement signed by each of the Parties. Modifications of this MOU may not relieve Parties from implementing the content of the approved grant awards. Modifications to this MOU may require approval by the E,911 Board and DMS. 5 1 J 1 FLORIDA 91 1 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING X. EFFECTIVE/DURATION This MOU shall be effective on the date of the last signature hereon. The term of this MOU shall be perpetual unless earlier terminated by any party as provided herein. XI. COUNTERPARTS This MOU and any subsequent amendments hereto may be executed in any number of counterparts, each of which, when executed, shall be deemed to be an original, and all of which shall he deemed to be one and the same instrument. Facsimile transmission signatures shall be deemed original signatures. Signatures continue on next pages 6 I 6 J 1 FLORIDA 91 1 REGION 6 Next Generation 9-1.-1 PROJECT MEMORANDUM OF UNDERSTANDING 1) Charlotte County Board of County Commissioners (or designee) --required This MOU is passed, duly adopted and signed on this /.31-- day of 1'; 2022. ,,.`' \oNEfiS BOARD OF COUNTY A M1SS4 $RS OF CHARLOTTE COT3 ;'FL t DA.':v' o v By: _`y.► Wil iam G.True airma J to ATTEST: per •.•� '; �,.PQ.,, Roger D. Eaton, Clerk of ®& 13 Circuit Court and Ex-Officio Clerk to the Board of County Co missioners eputy CI(� rk P. .••7 Approved as to form and legal sufficiency: 0/4P/191/00 ette S. o I n, County Attorney R22-0416 7 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT 6 J MEMORANDUM OF UNDERSTANDING 2) Collier County Board of County Commissioners (or designee) -- required This MOU is passed, duly adopted and signed on this 2I* day of Fcbr,..4.ry , 202a. BOARD OF COUNTY COMMISSIONERS OF COLLIER Y, FLORIDA By. Rick LoCastro, Chairman ATTEST: r By: , ,t s dt D L ep4t?' C 'x. r- nit only. A,pprov t f r'm and legality Jeffrey A. /arziow,County Attorney 8 16J1 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING 3) Desoto County Board of County Commissioners (or designee) --required This MOU is passed, duly adopted and signed on this �i day of •pt ,2022. BOARD OF COUNTY COMMISSIONERS OF DESOTO COUNTY, FLORIDA By:By: 'f e�,, �}c- Elton Langford, Ch TtIan ATTEST: 7 * 14 ) Mandy 1144es, County Administrator Approved as to form and legal sufficiency: Donald D. Conn,County Attorney 9 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT 1 6 J I MEMORANDUM OF UNDERSTANDING 4) Glades County Board of County Commissioners (or designee) --required Tim Stanley- Chairman PO Box 1527 500 Ave J Moore Haven, FL 33471 Signature/Date Print Name/1 itle 10 1 6 J 1 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING 5) Hardee County Board of County Commissioners (or designee) --required Russell Melendy- Chairman 412 W Orange Si, Room 103 Wattchula, FL, 3387 wyx imeof Signature/Date a55.61 A. maEktry I wxts Cie(e Print Name/Title • r0 'Vitt() a L.Rogers, Ex-OffrEio Clerk Jp,the Board Of County Commissioners 07-25,40 11 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING 7)Highlands County Board of County Commissioners(or designee)-- required C/O County Administrator 600 S Commerce Ave Sebring, FL 33870 <911 , k), i ature/Date tom, )c if11 `riot Name/Title 13 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT 1 6 J MEMORANDUM OF UNDERSTANDING 8)Lee County Board of County Commissioners (or designee) --required ATTEST: BOARD OF COUNTY COMMISSIONERS CLERK OF CIRCUIT COURT OF LEE COUNTY,FLORI BY: B Deputy Clerk C. ende ss,Chair ////, .„., APPROVED AS TO FORM FOR THE ---- Vlfe,4" RELIANCE OF LEE COUNTY ONLY iT; S,1411/0 5.74c:t‘A County Attorney's Off c '4.441/1111111littIO'' 14 16J1 FLORIDA 911 REGION 6 Next Generation 9-1-1 PROJECT MEMORANDUM OF UNDERSTANDING 9)Monroe County Board qf Corm°,Commissioners (or designee) -- required Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 k.6* With a copy to. la, 23 < Monroe County Sheriff Office • Rick Ramsay Sheriff' NAVI. e 5525 College Road Key West, FL 33040 Attest: Kevin Madok,Clerk e."4° 9/21/2022 Signature te By: Deptm Cler. PgyiclRjce Mpyor Print Name/Title James D. Digitally signed by James D Molenaar Date:2022.09.15 12:11:40 Molenaar -04'00' Approved as to FOITI1 and Legal Sufflalency James D.Motenaar Asst. County Attorney MONROE COUNTY ATTORNEY'S OFFICE 15 1 6J 1 Additional Terms and Conditions for Rural and State Grant S22-23-01-13 This Grant Agreement is entered into by and between the Florida Department of Management Services (the "Department" or "DMS") and Collier County BOCC ("Grantee"), collectively referred to as the "Parties." The terms of this document supplement the terms and conditions contained in in W Form 1A, Application for the E911 Rural County Grant Program or W Form 3A, Application for the 911 Grant Programs (hereinafter the "Application"), and the Grantee's award letter. 1. GENERAL TERMS AND CONDITIONS By executing this agreement, the Grantee agrees to the following: 1.1. The Application, the Grantee's award letter, and this document, including its attachments and exhibits (hereinafter collectively referred to as the "Agreement"), contain all of the terms and conditions agreed upon by the parties. If there are any conflicting provisions between the documents that make up the Agreement, the following order of precedence applies: 1.1.1. this document; 1.1.2. Attachment 1, Audit Requirements for Awards of Assistance (with its Exhibit 1); 1.1.3. the Grantee's award letter; and 1.1.4. the Grantee's submitted Application. 1.2. In accordance with sections 365.172 and 365.173, F.S., the Grantee shall perform the tasks specified herein in accordance with the terms and conditions of this Agreement. 1.3. The term of this agreement begins on January 19, 2023 and ends on March 24, 2028. 1.4. The parties shall be governed by all applicable state and federal laws, rules, executive orders, and regulations, including, but not limited to, those identified in the "Applicable Statutes and Regulations" table below. Any express reference in this Agreement to a statute, rule, or regulation in no way implies that no other statue, rule, or regulation applies. Failure to comply may affect the current grant award and future grants awards. 1.4.1. The Grantee agrees to comply with the State of Florida Reference Guide for State Expenditures, which can be obtained at: https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpe nditures.pdf. 1.5. This is a cost reimbursement agreement. This Agreement shall not exceed the amount specified on the Grantee's award letter, and payment shall only be issued by the Department after acceptance of the Grantee's performance as set forth by the terms and conditions of this Agreement. No renewals of this Agreement are available. 1.6. The Grantee agrees to use the funds awarded under this Agreement only for costs directly incurred for the grant project activities specified in the Application. Costs must be reasonable, necessary, allocable, and allowable for the approved project and only incurred during the term of this Agreement 1.6.1. The Grantee shall refund to the Department any balance of unobligated funds that was advanced or paid to the Grantee. 1.6.2. The Grantee shall refund any monies used for ineligible purposes under the laws, rules, and regulations governing the use of these funds. 1.7. The Grantee agrees that the final request for reimbursement and supporting documentation for incurred obligations shall be submitted to the Department no later than the term of this Agreement. 1 i6J1 2. AUTHORITY The Department has been appropriated funds from the Emergency Communications Number E911 System Trust to provide grants to counties for the purpose of upgrading E911 systems. The Department has the authority, pursuant to section 282.702, F.S., to enter into this Agreement and to disburse the appropriated funds to the Grantee under the terms and conditions set forth herein. 3. OBLIGATION TO PAY The State's obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with either Chapter 216, F.S., or the Florida Constitution. 4. MODIFICATION 4.1. The Scope of Work in the Application is hereby modified to specify the following deliverable(s): Deliverable No. 1 —Tasks to Region 6 GIS Repository Performance Standard Documentation Financial Consequences Complete all work for the 1) Reimbursement claim in If Grantee fails to comply Region 6 GIS Repository accordance with Section with any term of the award, project i n accordance 15, below. DMS shall take one or more with the Grantee's 2) The Grantee shall submit of the following actions: contract with its vendor. copies of: Grantee shall attach this a. Any contracts or 1. Temporarily withhold cash contract, which shall purchase orders with payments pending correction include redactions with vendors; of the deficiency by Grantee; applicable exemptions for b. Vendor invoices; 2. Disallow all or part of the public records within c. Proof of payment to cost of the activity or action section 119.071, Florida vendors; and not in compliance; Statutes. d. Proof of receipt of 3. Wholly or partly suspend deliverables. or terminate the current award for the Grantee; 4. Suspend or deny future grant awards; or 5. Take other remedies that may be legally available. DMS will provide no reimbursement for any improvement that does not meet the standards established in this award. TOTAL REIMBURSABLE AMOUNT NOT TO EXCEED $442,164.55 2 16J1 5. CONTACTS 5.1. The Department's Grant Manager is responsible for enforcing performance of this Agreement's terms and conditions and will serve as the Department's liaison with the Grantee. As part of his or her duties, the Department's Grant Manager will: 5.1.1. Monitor and document the Grantee's performance of the terms of this Agreement, which may include but shall not be limited to, onsite visits by DMS staff, limited scope audits, or desktop monitoring; 5.1.2. Review all documentation for which the Grantee requests payment; and 5.1.3. Reconcile and verify all funds received against all funds expended during the period of this Agreement and produce a final reconciliation report that identifies any funds paid in excess of the expenditures incurred by the Grantee. The Department's Grant Managers responsible for the administration of this Agreement are: Sarah G. Mashburn 4030 Esplanade Way Tallahassee, FL 32399 E911boardelectronicgrantreports@dms.fl.gov 5.2. The Grantee's Agreement Manager is responsible for monitoring performance of this Agreement's terms and conditions and will serve as the Grantee's liaison with the Department. As part of his or her duties, the Grantee's Agreement Manager shall provide all reports, as well as any other required documents under this Agreement, to the E911 Board in accordance with Section 9.0 of the Application. The Grantee's Agreement Manager responsible for the administration of this Agreement is: Sandi Chernoff 3319 Tamiami Trail E Naples, FL. 34112 Sandi.chernoff@colliersheriff.org 5.3. In the event that different managers or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new manager will be provided to the other party in writing. Such changes do not require a formal written amendment to the Agreement. 6. AUDIT REQUIREMENTS 6.1. The Grantee shall retain all its records, financial records, supporting documents, statistical records, and any other documents, including electronic storage media, pertinent to this Agreement in accordance with the record retention requirements of Part V of Attachment 1, Audit Requirements for Awards of State Financial Assistance. The Grantee shall cooperate with the Department to facilitate the duplication and transfer of such records or documents upon the Department's request. 3 16J1 6.2. The Grantee shall maintain books, records, and documents in accordance with the generally accepted accounting principles to sufficiently and properly reflect all expenditures of funds provided by the Department under this Agreement. 6.3. The Grantee shall comply with all applicable requirements of section 215.97, F.S., and Attachment 1, Audit Requirements for Awards of State Financial Assistance. If the Grantee is required to undergo an audit, the Grantee shall disclose all related party transactions to the auditor. 7. RECORDS 7.1 As required by section 215.97, F.S., and Rule 691-5.006 Florida Administrative Code (F.A.C), the Department, the Department of Financial Services, and the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Grantee which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Grantee's personnel for the purpose of interview and discussion related to such documents. This provision does not limit the Department's authority to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state awarding agency inspector general,the Auditor General, or any other State official. 7.2 The Grantee shall maintain all records, including those pertaining to any and all contractors, subcontractors, and consultants to be paid from funds provided under this Agreement and further including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the Application, and all other applicable laws and regulations, for the longer of five (5) years after the end of the performance period specified in the table above and all pending matters or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-managementMeneral-records-schedules/). 7.3 If the Grantee's record retention requirements terminate prior to the requirements stated herein, the Grantee may meet the Department's record retention requirements for this Agreement by transferring its records to the Department at that time, and by destroying duplicate records in accordance with section 501.171, F.S., and, if applicable, section 119.0701, F.S. The Grantee shall adhere to established information destruction standards such as those established by the National Institute of Standards and Technology Special Publication 800-88, "Guidelines for Media Sanitization" (2006). See http://csrc.nist.gov. 7.4 In accordance with section 216.1366, F.S., the Department is authorized to inspect the: (a) financial records, papers, and documents of the Recipient that are directly related to the performance of the Agreement or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Recipient which the Department determines are necessary to monitor the performance of the Agreement or to ensure that the terms of the Agreement are being met. The Recipient shall provide such records, papers, and documents requested by the Department within 10 business days after the request is made. 8. PUBLIC RECORDS The Grantee, an agency as defined in section 119.011(2), F.S., must comply with the requirements of Chapter 119, F.S., in the performance of its obligations under this Agreement. The Grantee must also ensure that any contractors and subcontractors that perform work pursuant to this Agreement comply with the requirements of Chapter 119, F.S., as applicable. 4 1 6 J 1 9. LIABILITY 9.1. The Grantee is solely responsible to parties it deals with in carrying out the terms of this Agreement and, subject to the limitation of section 768.28, F.S., the Grantee shall hold the Department harmless against all claims of whatever nature by third parties arising from performance under this Agreement. 9.2. The Grantee, a subdivision as defined in section 768.28, F.S., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, F.S. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by the Grantee. Nothing in this Agreement may be construed as consent by a State agency or subdivision of the State to be sued by third parties in any matter arising out of any contract. 10. EVENTS OF DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the E911 Board to make any further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth herein. However,the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies and without becoming liable to make any further payment. The Events of Default are: 10.1. If any warranty or representation made by the Grantee in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect; 10,2. If the Grantee fails to keep or timely perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion; 10.3. If the Grantee or is unable or unwilling to meet its obligations under this Agreement; 10.4. If material adverse changes occur in the financial condition of the Grantee at any time during the term of this Agreement; or 10.5. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete, or insufficient information. 11. REMEDIES If an Event of Default occurs, then the Department shall provide a written notice to the Grantee, and, upon the Grantee's failure to cure the default within the thirty (30) calendar days, the Department may exercise any one (1) or more of the following remedies, either concurrently or consecutively: 11.1. terminate this Agreement in accordance with Section 12, Termination, below; 11.2. withhold or suspend payment of all or any part of a request for payment; 11.3. exercise any corrective or remedial actions, including but not limited to: 11.3.1. request additional information from the Grantee to determine the reasons for or the extent of non-compliance or lack of performance; 11.3.2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected; or 11.3.3. advise the Grantee to suspend, discontinue, or refrain from incurring costs for any activities in question. Pursuing any of the above remedies will not preclude the Department from pursuing any other remedies available under this Agreement or at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Grantee, it does not affect, extend, or waive any other 5 16J1 right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Grantee. 12. TERMINATION 12.1. Termination Due to the Lack of Funds. If funds become unavailable for the Agreement's purpose, such event will not constitute a default by the Department or the State. The Department agrees to notify the Grantee in writing at the earliest possible time if funds are no longer available. In the event that any funding identified by the Grantee as funds to be provided for completion of the project as described herein becomes unavailable, including if any State funds upon which this Agreement depends are withdrawn or redirected, the Department may terminate this Agreement by providing written notice to the Grantee. The Department will be the final authority as to the availability of funds. 12.2. Termination for Cause. The Department may terminate this Agreement for cause after ten (10) days of a written notice, which will be issued after the 30-day cure period ends. Cause includes, but is not limited to, misuse of funds, fraud, lack of compliance with applicable rules, laws, and regulations, failure to perform on time, or refusal to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., unless exempt from Section 24(a) of Article I of the State Constitution and section 119.07(1), F.S., or applicable state or federal law, which the Grantee created or received under this Agreement. 12.3. Termination for Convenience. The Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds by providing the Grantee with thirty (30) calendar days' prior written notice. 12.4. Mutual Termination. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. 12.5. Grantee Responsibilities upon Termination. Upon notice of termination, the Grantee shall: 12.5.1. not incur new obligations for the terminated portion of the Agreement; and 12.5.2. cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice are disallowed. The Grantee shall not be relieved of liability to the Department because of any breach of this Agreement by the Grantee. The Department may, to the extent authorized by law, withhold payments to the Grantee for the purpose of set-off until the exact amount of damages due to the Department from the Grantee is determined. 13. RESULTING THIRD PARTY CONTRACTS AND SUBCONTRACTS 13.1. The Grantee may contract with third parties to perform work. The Grantee remains fully responsible for satisfactory completion of any and all work performed by any contractors and subcontractors. 13.1.1 If the Grantee contracts all or part of the work contemplated under this Agreement, including entering into contracts with vendors for services, it is understood by the Grantee that all such contract arrangements shall be evidenced by a written document containing all provisions necessary to ensure the contractor's compliance with applicable state and federal laws. The Grantee further agrees that the Department shall not be liable to the contractor for any expenses or liabilities incurred under the contract and that the Grantee shall be solely liable to the contractor for all expenses and liabilities incurred under the contract. The Grantee, at its expense, will defend the Department against such claims. 13.2. With the Grantee's approval, the Grantee's contractor may subcontract work performed, and the Grantee's contractor will be fully responsible for satisfactory completion of all subcontracted work. 6 16J1 13.3. The Grantee agrees all Grantee contracts or subcontracts entered into pursuant to this Agreement shall contain language requiring contractor(s) or subcontractor(s) who are paid from funds provided under this Agreement (i) be bound by the terms of this Agreement, as applicable; and (ii) be bound by, and contain all provisions necessary to ensure the contractor's compliance with, all applicable state and federal laws and regulations. 14. MANDATED CONDITIONS 14.1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. 14.2. If any provision of this Agreement is in conflict with any applicable statute or rule or is unenforceable, then the provision shall be null and void to the extent of the conflict and shall be severable but shall not invalidate any other provision of this Agreement. 14.3. The Recipient and its contractors and subcontractors have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The link to E-Verify is http://www.uscis.gov/e-verify. By executing this Agreement, the Recipient certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The Recipient must obtain an affidavit from its contractors and subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Agreement. The Recipient shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department's Agreement Manager within five (5) days of Agreement execution. This section serves as notice to the Recipient regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department's obligation to terminate the Agreement if it has a good faith belief that the Recipient has knowingly violated section 448.09(1), F.S. The Department will promptly notify the Recipient and order the immediate termination of the contract between the Recipient and a contractor and/or any subcontractors performing work on its behalf for this Agreement should the Department have a good faith belief that the contractor or subcontractor has knowingly violated section 448.09(1), F.S. 14.4. In accordance with section 11.062 and 216.345, F.S., funds received under this Agreement are not to be used for the purpose of lobbying or used to directly or indirectly influence legislation or any other official action by the Florida Legislature, the judicial brand, or any state agency. 15. MISCELLANEOUS 15.1. Payment Process. Subject to the terms and conditions established in this Agreement and the billing procedures established by the Department, the Department agrees to pay the Grantee in accordance with section 215.422, F.S. The applicable interest rate can be obtained at: http://www.myfloridacfo.com/Division/AA/Vendors/default.htm. 15.2. Invoicing. The Grantee shall submit all claims for reimbursement and for progress payments, as described in the Application, using Appendix IV, Financial Reimbursement of Expenditures Reporting Form,to the Application. The Grantee may submit claims to the Board as needed; however,the Grantee shall not submit more than one claim per month. After receipt of the reimbursement claim, and in accordance with the payment provisions established in this Agreement, the Department shall disburse the amount of funds approved by the Board. 15.3. Invoice Detail. Invoices submitted by the Grantee must fulfill all requirements specified in the scope of work and include all supporting documentation, when applicable. The Grantee shall also submit invoices in sufficient detail to fulfill all applicable requirements of the State of Florida Reference Guide for State Expenditures. 7 16J1 15.4. Intellectual Property. Where activities supported by this Agreement result in the creation of intellectual property rights, the Grantee shall notify the Department, and the Department will determine whether the Grantee will be required to grant the Department a perpetual, irrevocable, royalty-free, nonexclusive license to use, and to authorize others to use for State government purposes, any resulting patented, copyrighted, or trademarked work products developed under this Agreement. The Department will also determine whether the Grantee will be required to pay all or a portion of any royalties resulting from such patents, copyrights, or trademarks. 15.5. Conflict of Interest. This Agreement is subject to Chapter 112, F.S. The Grantee shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. The Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Grantee or its affiliates. 15.6. Non-Discrimination. The Grantee shall not unlawfully discriminate against any individual employed in the performance of this Agreement due to race, religion, color, sex, physical handicap unrelated to such person's ability to engage in this work, national origin, ancestry, or age. The Grantee shall provide a harassment-free workplace, and any allegation of harassment shall be given priority attention and action. 15.7. Electronic Funds Transfer Enrollment. The Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party signed this Agreement. Copies of the authorization form and a sample blank enrollment letter can be found at: http://www.myfloridacfo.com/Division/AA/Vendors/. Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. 15.8. Survival. Any right or obligation of the parties in this Agreement which, by its express terms or nature and context, is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration. 15.9. Notices. All notices from both parties, outside of the notice of award and notices related to the business of the E911 Board, shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in section 5 herein. I hereby affirm my authority and responsibility for the use of funds requested. ATTEST Grantee CRYSTAL K.KINZEL,CLERK BY: Date: FQ.ki,a�, 28 2023 Signature- Chair, Board of County Commissioners r County Iktiliagert0 r tafiiTl il'S t signature only:., a ' Printed Name Approver . and legality Grantor Jeffrey A. Klat o ' County Attorney Department of Management Services Date: Printed Name 8 16J1 APPLICABLE STATUTES AND REGULATIONS The Grantee and the Department shall be governed by all applicable State and federal laws, rules, and regulations, including those identified in this table. General Requirements Florida Statutes (F.S.) § 11.062, F.S. - Use of state funds for lobbying prohibited; penalty § 20.055, F.S. - Agency inspectors general Chapter 112, F.S. - Public Officers and Employees: General Provisions Chapter 119, F.S. - Public Records § 215.34, F.S. - State funds; noncollectible items; procedure § 215.422, F.S. - Payments, warrants, and invoices; processing time limits; dispute resolution; agency or judicial branch compliance § 215.97, F.S. - Florida Single Audit Act § 215.971, F.S. - Agreements funded with federal or state assistance § 216.301, F.S. - Appropriations; undisbursed balances § 216.347, F.S. - Disbursement of grants and aids appropriations for lobbying prohibited § 216.3475, F.S. - Maximum rate of payment for services funded under General Appropriations Act or awarded on a noncompetitive basis § 216.181(16), F.S.- Approved budgets for operations and fixed capital outlay § 273.02, F.S. - Record and inventory of certain property § 287.133, F.S. - Public entity crime; denial or revocation of the right to transact business with public entities § 287.134, F.S. - Discrimination; denial or revocation of the right to transact business with public entities § 287.135, F.S. - Prohibition against contracting with scrutinized companies Chapter 443, F.S. - Reemployment Assistance § 501.171, F.S. - Security of confidential personal information Florida Administrative Code (F.A.C.) Rule Chapter 691-5-State Financial Assistance Memoranda CFO Memorandum No. 02 (2012-13) - Contract and Grant Reviews and Related Payment Processing Requirements CFO Memorandum No. 20 (2019-20) - Compliance Requirements for Agreements State E911 Plan and E911 Board Statutes and Rules Florida Statutes Chapter 365, F.S. - Use of Telephones and Facsimile Machines Florida Administrative Code Rule Chapter 6OFF-6-State E911 Plan Rule Chapter 60FF1-5 - E911 Board Grant Number: S22-23-01-13 Grant Award Date: 01/19/2023 Catalog of State Financial Catalog of State Financial Assistance number:72.003 Assistance title: Prepaid Wireless NG911 State Grant Program 9 16J1 Attachment 1 AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE The administration of resources awarded by the Department of Management Services (Department) to the Grantee may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits, or other procedures. By entering into this agreement, the Grantee agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Grantee is appropriate, the Grantee agrees to comply with any additional instructions provided by Department staff to the Grantee regarding such audit. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS Part I: State Funded In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Grantee (for fiscal years ending June 30, 2017, or thereafter), the Grantee must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 1. For the audit requirements addressed in Part II, paragraph 1, the Grantee shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 2. If the Grantee expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, or thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the Grantee expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other than state entities). 10I i% 16J1 Part II: Other Audit Requirements N/A Part III: Report Submission 1. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Grantee directly to each of the following: a. The Department at each of the following addresses: Electronic copies (preferred): E911BoardElectronicGrantReports@dms.fl.gov Or Paper(hard copy): The Department of Management Services E911 Board 4030 Esplanade Way Tallahassee FI, 32399 fps The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 2. Any reports, management letters, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 3. Grantees, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee in correspondence accompanying the reporting package. Part V: Record Retention The Grantee shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO, or Auditor General access to such records upon request. The Grantee shall ensure that audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. 11 I iV 3r EXHIBIT 1 1 6 J 1 Subject to Section 215.97, F.S.: 1. State Project A: State Project: E 911 State Grant Program State Awarding Agency: State of Florida, Department of Management Services Catalog of State Financial Assistance Title and Number: 72.003 Prepaid Wireless NG911 State Grant Program Amount: $442,164.55 1. State Project B: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement Are as Follows: The compliance requirements are as stated in Grant Agreement S22-23-01-13 between the Grantee and the Department, entered in State Fiscal Year 2022-2023. 12 I Page