Backup Documents 02/27/2024 Item #16J 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 J 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 Office
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
l/3/ZY
4. BCC Office Board of County
Commissioners ? 3 f t/'2f
5. Minutes and Records Clerk of Court's Office
Fl* 1
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 02/27/2024 Agenda Item Number 16.J.3
Approved by the BCC
Type of Document(s) Grant agreement signature Number of Original
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)
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. /.04
3. Original document has been signed/initialed for legality. (All documents to be signed by
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
Office and all other parties except the BCC Chairman and the Clerk to the Board. J`'
5. The Chairman's signature line date has been entered as the date of BCC approval of the
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
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 F7 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County Attorney .7 { I 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 5oil an option for
Chairman's signature. 1 this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip W WS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
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4oJH HfNfuR'r Collier County Sheriffs ()trice 3379 Trrraaium !roll Last i~lrf j.J.Nupfe's,Ft i 41
aa is
,N4{Y SHERIFF KEVIN J. RAMBOSK 239 r a4 4
rca111',,1 a Iit;at9
P,p'R Nevis J-R�MO
March 6, 2024
MEMO
Once the grant agreement is signed by the BCC Chairman, please send agreement to Marien Ruiz (Finance Department) Collier
County Sheriff's Office.
if you have questions or concerns, please feel free to contact our General Accounting Manager, Marien Ruiz at 239-252-0852.
Thanks!
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AGENDA TRANSMITTAL SLIP I
Agenda Item
# 1
I
Date Submitted: 02/13/2024 Requested ;II Ili Agenda Date: 03/12/2024 .
APPROPRIATE HEADING(CIRCLE ONE)
D (2) Pledge of Allegiance D (3)Approval of Agenda and Minutes E (4) Proclamations
' D (5) Presentations DI (6) Public Petitions n (7) Board of Zoning Appeals
D (8) Advertised Public Hearings 0 (9) Board of County Commissioners D (10) County Manager's Report
D (11) Public Comments on General D (12) County Attorneys Report 0 (13)Other Constitutional Officers
i
Topics
0(14)Airport Authority D(1-5) St 'gf and Commissioner General X 116)Consent Agenda --1
Communications
D (17) Summary Agenda
,, -"\\ ;.„1(P,/ : Revt ,_..ge , - Date.
Requested by: .-. ..-4 ---1----_ Date. -- lii i -- -
Stephanie Dn .,. Fina0 l . : ()dor CC 0 Legal
, , ------A
Division Head: ./ 41 .....,
Davi-7471 County Manager: Date.
- • *I.' ... sheriff
Item Title: Approve request a accept arid sign the FY2024 grant application under the E911 State Grant Program.
List of Documents Attached:
1. Executive Summary(required) 2. Grant agreement
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ITEM NO: y DATE RECEIVED:
FILE NO_: ('
ROUTED TO: f
DO NOT WRITE ABOVE'PnLS SPP.L£
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: February 13, 2024
To: Office of the County Attorney Attention: Tammy Atthouse
From: Stephanie Driscoll Finance Director
(Name) (Title)
Sheriff's. Office Finance Division
(Division) (Department)
Re: Grant agreement. signature - Florida E911 State Grant Program.
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background infoy-mtion - be specific, concise, and articulate).
Sheriff Kevin Rambosk is seeking approval from the Board of County
Commissioners for the submittal of the Florida E911 State grant, which
would provide for Additional 911 Consoles and Logging Recorder.
(Are there documents or other information needed to review this matter? If yes, attach
and reference this information) . Yes - last year's delegation letter.
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submitted, provide County Attorney's Office file number.)
ACTION REQUESTED:
(He very specific. Identify exactly what you need in the way of legal services.)
Legal review to place this item on the Board' s March 12, 2024.
OTHER CO S:
CC: Kevin Rambosk, Sheriff
All requests mmst be copied to your appropriate Division Head
or Constitutional Officer.)
jb/Segalscaap2009
aI
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Additional Terms and Conditions for State Grant
525-24-01-03
This Grant Agreement is entered into by and between the Florida Department of Management Services (the
"Department" or"MIS") and [Collier County) ("Grantee"), collectively referred to as the "Parties." The terms
of this Agreement encompass and supplement the terms and conditions contained in W Form 3A, 911 Grant
Programs (the "Application"), incorporated by reference in Rule 60FF1-5.003, Florida Administrative Code
(F.A.C.), and the Grantee's award letter.
1. AUTHORITY
The Department has been appropriated funds from the Emergency Communications Trust Fund to provide
grants to counties for the purpose of upgrading 911. systems. The Department has the authority, pursuant
to section 282.702, Florida Statutes (F.S ), to enter into this Agreement and to disburse the appropriated
funds to the Grantee under the terms and conditions set forth herein.
2. GENERAL TERMS AND CONDITIONS
2.1. The Application, the Grantee's award letter, and these Additional Term and Conditions for State Grant,
including its attachments and exhibits (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:
2.1.1. These Additional Term and Conditions for State Grant;
22.1..2. Attachment 1, Audit Requirements for Awards of Assistance (including Exhibit 1);
2.1.3. the Grantee's award letter; and
2.1.4. the Grantee's submitted Application.
2.2. 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.
2.3. The term of this Agreement begins on Januar\ 25. 2r►2-1 and ends on April 30, 2026.
2.4. 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 statute, rule, or regulation applies. Failure to comply rosy affect the current grant award
and future grant awards.
2.4.1. The Grantee shall comply with the State of Florida Reference Guide for State Expenditures,which
can be obtained at the Florida Department of Financial Services, Division of Accounting and
Auditing, website.
2.5. The method of payment for this agreement is cost-reimbursement or rural payment pursuant to section
215.971(1)(h), F.S.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.
2.5.1. Advance payments may be permitted under this agreement in accordance with Florida law and
the Reference Guide for State Expenditures. Grantee shall provide DMs with all necessary
information in furtherance of facilitating an advanced payment which conforms with the
Agreement terms and all applicable legal requirements.
2.5.2. Any reduction of grant expenditures approved by the Emergency Communications Board does
not require a grant amendment to this Agreement.
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2.6. 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.
2.6.1. The Grantee shall refund to the Department any balance of unobligated funds that was advanced
or paid to the Grantee.
2.6,2. The Grantee shall refund to the Department any monies used for ineligible purposes under the
laws, rules, and regulations governing the use of these funds.
2.7. The Grantee shall submit the final request for reimbursement or payment and supporting
documentation for incurred obligations to the Department no later than 120 days after expiration of
this Agreement.
3. OBLIGATION TO PAY
The State's obligation to pay under this Agreement is contingent upon 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 Logger Recorder
Performance Standard # Documentation I Financial Consequences
Complete oil work to 1) The Grantee shall submit f If Grantee fails to comply
complete Logger Recorder i reimbursement or with any term of the award,
in accordance with the payment claims in Di'.M5 shall take one or more
Grantee's contract with its i accordance with Section of the following actions:
vendor, 15, below. 1. Temporarily withhold cash
2) The Grantee shall submit payments pending correction
copies of: of the deficiency by Grantee;
a. Any contracts or 2. Disallow all or part of the
purchase orders with cost of the activity or action l
vendors; not in compliance;
b. Vendor invoices; 3. Wholly or partly suspend
c. Proof of payment to or terminate the current
vendors; and award for the Grantee:
d. Proof of receipt of 4. Suspend or deny future
deliverables. grant awards; or
S. Take other remedies that
may be legally available.
) i
ems wire provide no reimbursement or
EEE payment for any improvement that does not
meet the standards estabhed in thus
Agreement
TOTAL REIMBURSABLE OR PAYMENT AMOUNT NOT TO EXCEED$117,093.41
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5. CONTACTS AND NOTICE]
5.1. In accordance with section 215.971(2), F.S., the Department's Grant Manager is responsible for
enforcing performs ce 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 anddocument 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 Manager responsible for the
administration of this Agreement is:
Katie Kelly
Government Operations Consultant
4030 Esplanade Way
Tallahassee, FL 32399
Katie.Kelly@dms.fl.gov
5.2. The Grantee's Grant Manager is responsible for monitoring the 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 Emergency Communications Board in accordance with Section 9, Grant
Reporting Procedures, of the Application.
The Grantee's Grant Manager responsible for the
administration of this Agreement is:
Bob Finney
Collier County E911 Coordinator
3299 Tamiami Trail, Suite 700
Naples, FL 34112
Bob.finne • colliersheriff.org
5.3. In the event that different managers or addresses are designated by either party after execution of this
Agreement,a notice of the name,title, and address of the new Grant Manager will be provided to the
other party in writing: Such changes do not require a formal written amendment to the Agreement.
5.4. All notices from both Parties,other than the notice of award and notices related to the business of the
Emergency Communications 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 addresses above.
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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.
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, F.A.C, the Department, the Department of Financial
anciai
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 ail 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.
7.31f 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.rist.gov.
7.4 In accordance with section 216.1366, F.S., the Grantee shall permit the Department to inspect the Grantee's
financial records, papers, and documents that are directly related to the performance of the Agreement or
the expenditure of state funds and the programmatic records, papers, and documents that 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 Grantee shall provide such records, papers, and documents requested by
the Department within ten (10; business days after the request is made.
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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.
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"), the Department shall have the right to terminate
further payment of funds under this Agreement, and the Department may exercise any of its remedies set forth
in Section 11.Remedies of this agreement. 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 a timely
fashion;
10.3. If material adverse changes occur in the financial condition of the Grantee at any time during the
term of this Agreement; or
10.4. 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 mbre 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 the 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
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11.3.3.Advise the Grantee to suspend, discontinue, or refrain from incurringcosts for anyactivities
p
in questiin.
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
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 an 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 the 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 in accordance with its Application. The
Grantee remains fully responsible for the 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
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contract arraIngements 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's
contractor(s) or subcontractor(s) shall indemnify and hold the Department harmless against-all
claims to the extent allowed by the law; and,at its expense,will defend the Department against
such claims; and
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; and
13.3. The Grantee's contractor(s)or subcontractor(s)shall disclose to the Grantee and the Department if it is
on the Convicted Vendor List identified in section 287.133(2) F.S., or the Discriminatory Vendor List
identified in section 287.134(2), F.S.
14. MANDATED CONDITIONS
14.1. The Grantee 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. By executing this Agreement, the Grantee 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 Grantee 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.
14.2. This section serves as notice to the Grantee regarding the requirements of section 448.095, F.S.,
specifically sub-paragraph (5)(c)1, and the Department's obligation to terminate the Agreement if it has
a good faith belief that the Grantee has knowingly violated section 448.09(1), F.S. The Department will
promptly notify the Grantee and order the immediate termination of the contract between the Grantee
and a contractor and a subcontractor 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.
14.3. In accordance with sections 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.
14.4. Pursuant to section 215.971(1)(h), F.S., if the Grantee is a Rural Community or Rural Area of Opportunity
as those terms are defined in section 288.0656(2), F.S., the Grantee may request that the Department
provide for the payment of invoices for verifiable and eligible performance that has been completed in
accordance with the terms and conditions set forth in this Agreement. The Grantee shall submit its
request to elect to receive rural payment, including any financial hardship documentation, in writing to
the Department's Grant Manager specified in this Agreement. Following demonstration of financial
hardship and the initial request to elect to receive rural payment, subsequent requests for payment and
all necessary documentation for incurred and appropriate costs shall be submitted in writing to the Grant
Manager.
15. MISCELLANEOUS
15.1. Governing Law and Venue. This Agreement shall be construed under the taws of the State of Florida,
and the venue for any legal or equitable action that arises out of or relates to this Agreement shall be
in the Circuit Court of Leon County; in any such action,the Parties waive any right to jury trial.
15.2. Payment and Invoicing
15.2.1. 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
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accordance with section 215.422, F.S. The applicable interest rate can be obtained at:
http://www.Inyfioridacfo.cor/Division/AA/Vendors/defauit.htn-i.
15,2.2. Invoicing. The Grantee shall submit all claims for reimbursement, progress payments, payment,
and rural payment as described in Section 8, Financial and Administrative Requirements, of the
Application. 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. For requests for payment of invoices for verifiable and eligible
performance for a rural community or rural area of opportunity pursuant to section
215.971(1)(h), F.S., the Grantee shall submit all supporting documentation required for
payment including, but not limited to, copies of purchase orders, invoices, and any other
expenditure justifications.
15.2.1. 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 S State of Florida
Reference Guide for State Expenditures. Al' charges for reimbursement or payment of expenses
authorized by the Board shall be submitted to the Department in sufficient detail for a proper
pre-audit and post-audit to be performed.
15.3. 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.
15.4. 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 affiliate,.
15.5. 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
persons 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.
15.6. Electronic Funds Transfer Enrollment. The Grantee agrees to enroll in Electronic Funds Transfer (EFT),
offered by the States 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.rom/Divisiort/AA/Vendorsp. Questions should be directed to the EFT Section
at (850) 413-5517. Once enrolled, invoice payments will be made by EFT.
15.7. 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.
15.8. Severability. 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.
Page 8 of 9
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, .
„ .
I hereby affirm my authority to bind the Grantee and affirm the Grantee's authority and responsibility for
the use of the funds requeSted.
1
Grantee
• - r
Date:Signature of Cou Representative authorized to bind the Grantee
eAri.:5 I/A/IJ eadird e 74''''' Cs,k bP) 6,rnm is's/0 4e r-s e At"2°-Printed Name
Grantor
Department of Management Services Date:
Printed Name
•
ATTEST -
CRYST-,
i
Ar
BY:_ '•--:-.
Attest cs t, Chairman
si na 'ire.ohiy / 3
-
Appr.
11 fir m and legality
• .
•
hiliihio.„14
. I•
Jeffrey A ., 4-- at/.f o w,County Attorney
V-
r ,.
. .
1
Page 9 of 9
' V ^�
. = � ��
APPLICABLE STATUTES AND REGULATIONS
This is a non-exhaustive list o/ statutes arid re�u}ahoos. The GmntesshaU be owa/e of and comply with aUState and
Federal laws, rules, policies,and regulations relating to its performance under this Agreement.
General Requirements
| --- --- ----'
| Florida Stmtutes (F.S.)
§ 11.062, F.S. - Use of state funds for lobbying prohibited; penalty
§ 20.055, F.S. -Agency inspectors general
Chapter 11Z F.S. - Public Officers and Employees:Genera!Provisions
215.34, F.S. - State funds; non.-collectible iterns: procedure
§ 215.422, F'S. - Payments, warrants, and invoices; processing time limits; dispute resolution-, a-ency or J
judicial branch compliance
§ 215.97, F.S. - Florida Single Audit Act
§ 215.971, F,S. -Agreements funded with federal or state assistance
J-5.971(l)(h), F.S.1- Federal or state financial assistanIce to a countV or municipality that is a rurai
§ 216.347, F.S, - Disbursement of grants and aids appropriations for lobbying prohibited i
216.3475, F.S. - Maximum rate of payment for se!vice's funded Linder 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 tranEaict business with public entities
§ 287.135, F.S. - Prohibition against contracting with Scrutinized companies
§ 501.171, F.S. - Security of confidential personal information
Florida Administrative Code(F.A.C.)
Rule Chapter 691-5-State Financial Assistance
Memoranda
I CFO Mernoranclum No. 02 (2012-13) Contract and Grant Reviews and Related Pavrnent Processing 11
Requirements
CFO Memorandum No. 20 (2019-20) - Compliance Requirements for Agreements
State91l Plan and Emergency Communications Board Statutes and Rules
Floridatatute�
_
-Chapter 365, F.l Use u/Telephones and Facsimile Machines
F|mr�da��dnm|niotrativeCode
—
Rule Chapter 60FF'6 'State E911Plan
| Rule Ennergen�y[nonnnun�-- n�8 --rd /
/ _ ,`°"u vu
Page 1of 1
1 6J 3
Attachment 1
AUDIT REQUIREMENTS •
FOR AWARDS OF STATE AND FEDERAL
FINANCIAL ASSISTANCE
The administration of resources awarded by the Department of Management Services (Department) to the
recipient 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 2 CFR 200, Subpart F-Audit Requirements, and
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 as defined by 2 CFR §200.425, or other
procedures. By entering into this agreement, the recipient 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 recipient is appropriate,the recipient agrees to comply with any additional instructions
provided by Department staff to the recipient regarding such audit. The recipient 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: Federally Funded
This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2
CFR §200.90, §200.64, and §200.70.
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or
program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit
Requirements. EXHIBIT 1 to this form lists the federal resources awarded through the Department by
this agreement. In determining the federal awards expended in its fiscal year,the recipient shall consider
all sources of federal awards, including federal resources received from the Department. The
determination of amounts of federal awards expended should be in accordance with the guidelines
established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR§200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1,the recipient shall fulfill the requirements
relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have
an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. If
the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of
the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from
recipient resources obtained from other than federal entities).
Part II: State Funded
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess
of$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter),
the recipient must have a state single or project-specific audit for such fiscal year in accordance with
section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; 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 recipient shall
Page 1 of 3
1 6J 3
consider ail 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.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess
of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter),
the recipient must have a state single or project-specific audit for such fiscal year in accordance with
section 215.97, F.S._ Rule Chapter 50I-5, F.A.C., State Financial Assistance: and Chapters 10.550 (local
governmental entities) and 10,65+) (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
2. For the audit requirements addressed in Part I;, paragraph 1, the recipient shall ensure that the audit
complies with the requirements Cif. section 215.97(8). F.S. This inci=ides 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.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal
years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of
section 215.97. F.S., is not required. If the recipient 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 recipient's resources obtained from other than state entities).
Part II: Other Audit Requirements
f fA
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements. and required by Part I of this form shall be submitted, when required by 2 CFR §200.512,
by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAG) as provided in 2 CFR
§200.36 and §200.512.
The FAC`s website provides a data entry system and required forms for submitting the single audit
reporting package. Updates to the location of the FAG and data entry system may be found at the CMB
website.
2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of
the recipient directly to each of the following:
e. The Department at each of the following addresses:
Electronic copies (preferred): ECBSubmissionsdrns.fl._gov
Or
Paper copies:
The Department of Management Services
Emergency Communications Board
4030 Esplanade Nay
Tallahassee FL 32399
The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Page 2of3
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Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee. Florida 32399-1450
The Auditor Generals website (httos:l/flauditor.00v/) provides instructions for filing an electronic copy of a
financial reporting package.
3. Any reports, management letters, or other information required to be submitted to the Department pursuant
to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and
Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations). Rules or
the Auditor General, as applicable.
4. Recipients, when submitting financial reporting packages to the Department for audits done in accordance
with 2 CFR 200, Subpart F - Audit Requirements. or 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 recipient in correspondence accompanying the reporting
package.
Part V: Record Retention
The recipient shall retain sufficient records demonstrating Its compliance with the terms of the award(s) and this
periodfive (5) date �a the
agreement fora per�.;ij of years fry,}:r, the the audit report is issued, and shall allow Department,
or its designee, the CFO, or Auditor Genera! 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.
Page 3 of 3
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EXHIBIT
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of tile Following:
Compliance Requirements Applicable to tile Federal Resources Awarded Pursuant to this Agreement
are asFollows:
N/A
State ResOUrces Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Matching Resources for Federal Programs:
N/A
Subject to Section 215.97. F.S.:
1. State Proliect: 911 STATE GRANT PROGRAM
StateAvvarding Agency: State of F!o/idct. DepertmentofManagement Services
Catalog of State Financial Assistance. Title: Wireless 911 Emergency Telephone System State County
Grant Pncgrani
Catalog of State Financial Assistance Number: 72.002
Amount $117O83.41
Compliance Requirements Applicable to State Resources Awarded
Pursuant tmthis Agreement Are as Follows:
The compliance reClUirements are as statedi in Grant Agreement No. (S25-24-01-003) between the Graniee
and the Department, entered in State Fiscal Year 2O23'2O24
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