Agenda 07/08/2025 Item #16D 9 (After-the-Fact acceptance of Round 2 funding from the Local Government Cybersecurity Grant Program)7/8/2025
Item # 16.D.8
ID# 2025-2117
Executive Summary
Recommendation to approve and authorize the Chairman to sign the Second Amendment between the David Lawrence
Mental Health Center and Collier County to update language throughout the Agreement as required by the grantor
agency. (Fund 1850 and 1852)
OBJECTIVE: To ensure the continued use of Florida Opioid Settlement Funds in addressing the opioid epidemic and
advancing Collier County's strategic objective of enhancing access to health, wellness, and human services.
CONSIDERATIONS: The National Opiate Litigation filed by the State of Florida and various local governments
against pharmaceutical companies has resulted in numerous settlements, to be distributed to the State of Florida over
multiple years (“Settlement Funds”). At the June 22, 2021 (Agenda Item #16.K.8) meeting, the Board of County
Commissioners (Board) approved Resolution No. 2021-136 supporting the terms and conditions of the Memorandum of
Understanding (MOU) provided by the Office of Attorney General, which set forth a framework of a unified plan for the
proposed allocation and allowable uses of Settlement Funds to mitigate the harmful effects of the opioid epidemic (the
“Florida Plan”). Resolution No. 2021-136 further authorized the County to execute formal agreements to implement the
Florida Plan.
On December 10, 2024, Agenda Item #16.D.16, the County and the David Lawrence Mental Health Center entered into
an agreement to provide outreach services, increase the utilization of medication assisted treatment (MAT), support
crisis stabilization, detoxification inpatient services and residential treatment beds and facilitate a centralized call center.
On February 25, 2025, Agenda Item #16.D.3., the Board approved Amendment #1 to update language from contractor
to subrecipient due to the recent assignment of a Catalog of State Financial Assistance (CFSA) number, clarified
City/County and Regional Abatement funding amounts, removed the word ‘purchase’ from the agreement name, and
clarified the language of ‘target’ on Exhibit E.
Amendment #2 will:
• Update/Add language in sections:
o Section 1.1 Special conditions: to add requirement for Labor and Trafficking Service
o Section 1.3 Project details to add the Conflict of Interest Form and Whistleblower Affidavit
o Section 1.5 Agreement amount to clarify budget shifts between line items
o Section 2.2 Records and documentation to identify the County’s records custodian
o Section 3.9 Agency recognition/sponsorships to include the Department of Children and Families
o Section 3.18 Incident reporting: defining what are reportable incidents
o Add Section 1.6 Overpayment and offsets
o Section 4.13 Add Unauthorized Aliens
o General provisions add Sections 4.13, and 4.19-31
o Exhibit A Change to correct name of attachment and add the attachment
• Add Exhibits G (Incident Report Form), H (Whistleblower Affidavit), I (Screening Affidavit) and J (Executive
Compensation)
• Renumber where applicable
Advances Collier County's strategic objective of enhancing access to health, wellness, and human services.
FISCAL IMPACT: The recommended actions described in this Executive Summary have no new Fiscal impact. The
funding for the purchase agreement associated with this item is budgeted in the Opioid Abatement Grant Fund (1850),
Project 44059-Qualified, and Opioid Subsidy Grant Fund (1852) Project 44085-City/County.
GROWTH MANAGEMENT IMPACT: No Growth Management impact is associated with this item.
LEGAL CONSIDERATIONS: This item has been approved in terms of form and legality and requires a majority vote
for Board approval. - JAK
Page 2526 of 4096
7/8/2025
Item # 16.D.8
ID# 2025-2117
RECOMMENDATIONS: To approve and authorize the Chairman to sign the Second Amendment between the David
Lawrence Mental Health Center and Collier County to update language throughout the agreement as required by the
grantor agency. (Fund 1850 and 1852).
PREPARED BY: Carolyn Noble, Grants Coordinator, Community & Human Services Division.
ATTACHMENTS:
1. EXECUTED DLC 2024-01 Amendment #1 16D3
2. Reso 2021-136
3. EXECUTED DLC OPIOID AGREEMENT 16D16 12.10.24 compressed
4. DLC Opioid Amend #2 CAO appvd DLC siigned
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CFSA Name: Opioid Settlement Fund
CFSA #: 60.355
OPIOID Settlement FY 2024•2028
Al!reemcnt#: 2024-01 DLC Opioid
Activity : Opioid Abatement Settlement
SUBRECIPIENT: David Lawrence '.\1cntal
Health Center, Inc.
Total Award Amount: $2,184,690.00
UEI #: PBE3LMA8J4YI
FEIN: 59-2206025
Period of Performance: 10 /1/2024 -
9/30/2028
Fiscal Year End: 6/30
Monitorin~ End: 12/2028
SECO~D AMENDME:'iT TO AGREEMRNT BETWEEN
COLLIER COUNTY
AND
DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
dba
DAVID LA WREN CE CENTER
Opioid Settlement Funds
This Amendment, is made and entered into this ______ day of ----· __
2025. by and between Collier County, a political subdivisi on of th e State or Florida,
("COUNTY") having its principal address as 3339 Tamiami Trail East, Naples , FL 34112. and the
DA Vll) LA WREN CE MENTAL HEALTH CENTER, INC. (''SUB REC IPIENT'), authori zed to do
business under the laws of the State of Florida, having its principal otlicc at 6075 Bathey Lane,
Naples, Florida 34116.
WHEREAS, on June 22, 202 1 (Agenda Item #16.K.8) meeting, the Board of County
Commissioners (Board) a pproved Reso lution No. 2021-136 supporting the terms and conditions
o f the Memorandum of U nders tand i ng (MOU) provided by the Office of Attorney General. which
set forth a framework of a unified plan for the proposed allocation and a llowable uses of Settlement
funds to mitigate the harmful effects of the opioid epidemic (the "Florida Plan"). Resolution No.
2021-136 further authorized the County to execute formal agreements to implement the Florida
Plan.
WHEREAS, on April 11, 2023, the Board approved the initial City/County allocation in
the amount of $289,151.06 (Agenda Item # 16.D.5) and the Regi onal Abatement fund allotment
in the amount of $2,628,842.15 on June 13, 2023, (Agenda Item #16 .D.3 ). On June 25, 2024, the
Board approved its second year allocation (Agenda Item #16.D.7), in the amount $633,277.95 for
City/County and $1.241.219.04 for Regional Abatement received on January 1, 2024 and
David Lawrence Mental l !ealth
2024-01
Opio id Sct1 lemcnt
1
Amcndm~nt #2 CAO
Page 2580 of 4096
recogn ized and i nterest payme nt of $1,3 10.30 for Regional Abatement received o n April 24, 2 02 4 .
On April 22, 202 5, the Board approved its thi rd year allocation (Agenda Ite m #16 .D .6) in the
amount of $399,2 77.79 for C ity/County and $1 ,5 42,962 .85 for Regional Abatement, received on
February 14, 2025 and January 28, 2025, respectiv ely.
RECITALS
WHEREAS, on Decembe r 10, 2024, Agenda Item #16.D.16 , th e COUNTY and
SUBREC IPIENT entered into an agreement for SUBREC IPIENT to provide outreach services,
increase the util ization of medicatio n assisted treatment (MAT), support crisis stabilization,
detoxificati o n i npatient services and residential treatment beds and facilitate a centralized call
center ; and
WHEREAS, on February 25, 2025, Agend a Item #16.D.3, the Board approved
Amend ment # 1 to update lang uage from contractor to subrecipicnt due to assignment of a Catalog
of State Financial Assistance (CFSA) number, clarified City/County. and Regional Abatement
fundin g amounts, removed the wo rd 'purchase· from the agreement name, a nd clarified the
language of 'target' on Exhibit E.
WHEREAS, the Parties desire to amend the Agreement update/add language in s pecial
conditions, project details, agreement amount, records and documentation, agency
recognitio n/sponsorships, incident re porting , overpayment and o ffse ts, general provisions, Exhibit
A, add Exhibits G, H, I and .J and to renumber where appli cable.
NOW, THEREFORE, in considerati on of forego ing Recitals, and other good and
valuable consideration, the receipt and sufficiency of wh ich is hereby mutuall y ack nowledged, the
Parties agree to modify the Agreement as follow s:
Words ~trael, Through are deleted ; Words Underlined are added.
* * *
WHEREAS, the Stale Agreement Florid a Opioid Allocation and tatewide Res ponse
Agreement set forth the amount and manner of distribution of C ity/County and R e gional
Settlement funds within Florida, the r e quirements to r eceive and manage R egional Abatement
funds, a nd the purposes for which R egional Abatement funds may be u sed. T he eurrent State
Agreement is atta c hed hereto us exhi b it A , and C ollie r County Reso luti on 2021 136, dated
June 22, 2 0 2 1, approved in concept th e State Agreement; and Collier County Resol ution 2021-
136. dated June 22, 2021. incl uding the Memorand um of Unders ta nding between the State o f
Florida and it 's local governments (Florida Pl an) a pproved in concept the Stat e A greem ent a nd is
attached hereto as Exhi bit A; and
David Lawre nce Menta l I lealth
2024-01
Opioid Selllcmenl
*
2
* *
Amen dment #2
CAO
Page 2581 of 4096
1.1 SPECIAL CONDITIONS
A Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. SUBRECIPIENT must submit the following resolutions and/or policies within sixty
( 60) days of execution of this Agreement:
Affirmative Action/Equal Opportunity Policy
Conflict oflnterest Policy (COi) and related COI Forms
Procurement Policy
Fraud, Waste, and Abuse Policy
Language Assistance and Planning Policy (LAP)
Business Associate Agreement
HIP AA Policy
Whi stleblower Policy
Any Policies and Practices recommended by the Opioid Abatement
Taskforce or Council.
* *
1.3 PROJECT DETAILS
C. Perfonnance Deliverables
Program Deliverable
Policies & Procedures
(Section 1.2 B)
Insurance
Detailed Project Schedule
Progress Report
HIP AA and DCF Security
Training (per Section 2.5 of
this AGREEMENT)
David Lawrence Mental Health
2024-01
Opioid Settlemenl
Supporting
Documentation
Policies as stated in this
AGREEMENT
Proof of coverage in
accordance with Exhibit C
Project Schedule
Progress report, detailing
accomplishments Exhibit E
Certificate of Training
3
*
Submission Schedule
Within 60 days following
Agreement execution
Within 30 days following
Agreement execution and
annually within 30 days after
renewal
Within 60 days following
agreement execution
15 days after the end of the
quarter
Within 30 days following
Agreement execution
Amendment #2
Page 2582 of 4096
Program Deliverable Supporting Submission Schedule
Documentation
Florida De12artment of Exhibit I Annually, no more than 13
Children and Families months apart
Emplox:ment Screeni ng
Affidavit
Annual Audit Monitoring Exhibit F Annually, 60 days after FY end
Report
DCF Executive Com gensation DCF Form PCMT-08 Annually on or before May l
Annual Reoo11 (Exhibit J)
SUBREClPIENT Financial Audit report, Management Annually: 9 months after FY end
and Compliance Audit Letter, and Supporting for Single Audit OR one hundred
Documentation eightv ( 180) davs after FY end.
DCF Electronic Data Professional Health Care 18 days after the end of each
Exchange (EDI) 83 7 File Claim files in FTP with month, using the DCF ShareFile
SSL
Business Associate Agreement Within 90 d ays fol lowing
Agreement execution of Agreement
Conflict of [nterest Form Subrecipi en t/Develo12er/V e Upon execution of the Agree ment
ndor Conflict of Interest for all em12loyees who work on
Disclosure Form activities assoc i atcd with the
Qroject and u12on hiring of al l new
cmnlovees
Labor and Services A1fidavit Regarding Labor Within 60 d ays of exec ut ion of
(Trafficking} Form and Services Agreement
Whistleblowcr Protections Exhibit H Ugon execution of the Agreement
Affidavit for all em~lo :i::ees who work on
activities as sociated with the
Qrojcct and uQon hiring of all new
emn\ovecs
* * *
1.3 PROJECT DETAILS
A. Project Description/Budget
Description Year 1
Funding
(FY24/25)
David Lawrence Mental Health
2024-0 I
Opioid Settlement
Year2 Year 3 Funding
Funding (l .. Y26/27)
(FY25/26) *contingent
*contingent upon allocation
upon availability
allocation
availability
4
Year 4 TOTAL
Funding AMOUNT
(FY27 /28) AWARDED
*contingent *contingent upon
upon allocation
allocation availability
availability
Amendment li2
CAO
Page 2583 of 4096
Project Component 1: $104 ,178.82 $107,304.18 $110,523.31 $113,839.00
Staffing to include .5 FTE $104.I 78.81
Nurse and .5 FTE Outreach
Specialist (Schedule A
#A, #B and #E) Cost
Reimbursement
Project Component 2: $70,777.28 $70,777.28 $99,524.82 $70.777.28
Detox and/or Crisis
Support Bed Days
(Schedule A, #A, Schedule
B, #A, B & #C). Fixed
Price/Unit Cost*
Project Component 3: $288.099.98 $288.099.98 $384,133.30 $2 88.099.98
Crisis Hotline/Call Center $288 ,09 9.97 $288 ,099.97
Availability (Schedule B.
#A and #8). Fixed Price/
Unit Cost* -Project Component Four: $59,036.93 $55,818.57 $55,818.57 $17,880.75
Residential /Inpatient
Treatment Bed Days
(Schedule A, #A, Schedule
B, #A and #B) Fixed
Price/Unit Cost*
. Total Funds $522,093.00 • $522.000.00 $650,000.00
$343.918.54 I $384.133.30
$490,597.00 $ 2, 184.690.00
City/County
Funds , City County
Funds/
$178,081.46
Regional
Funds
City-County
runds/
$265,866.70
$288.099.97
City-County
Funds/
$202.497.03
Regional Funds Regional
funds
$1.53 8.244.81
Total City-
County Funds/
$646,445.19
Total Regional
I Funds
* *
1.5 AGREEMENT AMOUNT
The COUNTY agrees to make available THREE MILLION ONE HUNDRED FIFTY
THOUSAND DOLLARS AND ZERO CENTS ($3,150,000.00), this agreement allows
for all costs incurred retroactive to May 1, 2024 for use by SUBRECIPIENT, during the
term of the AGREEMENT (hereinafter, shall be referred to as the Funds).
Modifications to the Budget and Scope may only be made if approved by COUNTY, in
advance. Budge~ed Cumulative Fund shifts among line items shall not be more than 10
percent of the total funding amount and shall not signify a change in scope. mav be
IJavid Lawrence ~cnlal Health
2024-0 I
Opioid Scl\kmcnl
5
Amendment 112
CA.0
Page 2584 of 4096
approved administratively bv CHS Director or dcsignce ror a total of up to 10 percent
(10%) of the total funding amount and shall not signify a change in scope. fund shifts that
exceed 10 percent of the AGREEMENT amount shall only be made with Board of County
Commissioners (Board) approval.
The fixed price/unit cost for components 2, 3 and 4 are based on an agreed upon rate by
the State of Florida and the Department of Children and families. This rate is determined
each year prior to the State's fiscal year (July 1 ). The SUBREClPIENT will provide the
COUNTY, in writing, of the new rate and the agreement will he modified to reflect the
new rate for billing purposes. This nev,· fix price/unit cost does not change the amount of
the allocated budget for either the component or the agreement as a whole.
All services/activities specified in Part I Scope of Services shall be performed by
SUBRECIPIENT or its subcontractors who meet State requirements. SUBRLCJPJENT
shall comply with, and ensure its subcontractors, s ubgrantees, and others it arranges to
provide deliverables comply with:
• applicable laws, rules, codes. ordinances, certifications. licensi ng req uirements,
and DCF's Operating Procedures
• Department of Financial Services· (DfS) ';Reference Gide for State Expenditures''
and active DFS Comptroller or Chief Financial Officer Memoranda. If this
Agreement is funded by state financial assistance, those funds may only be used
for a ll owable costs during the Period of Performance. Absent DCF"s authorizat ion,
unused state financial assistance funds must be returned to the Department.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement
upon completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIP[ENT may not request disbursement of OPIOID Funds until Funds arc needed
for eligible costs, and all disbursement requests must be limited to the amount needed at
the time of the request. SUBRECIPIENT may expend Funds only for allowable costs
resulting from obligations incurred during the term of this Agreement. Allowable costs
shall mean those necessary and proper costs identified in the SUBRECIPIENT application
and approved by the COUNTY. unless any or all such costs arc disallowed by the State of
Florida Attorney General or Department of Children and Families (DCF). Invoices for
work performed are required every month. lf no work has been performed during the
month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice
is required. Explanations will be required if two consecutive months of $0 invoices are
submitted. Payments shall be made to SUBRECIPIENT when requested as \\.'ork
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Da \-id Lal\ re nee Mental I lea Ith
2024-01
Opioid Settlement
6
i\m~ndmt:nt 112
CAO
Page 2585 of 4096
1.6
No payment will be made until approved by CHS for compliance and adherence to any and
all applicable Local. State, or Federal requirements. including timely submission of
Performance Deliverables contained in Section 1.4.C. Late submission of deliverables may
cause payment suspension of any open pay requests until the required deliverables are
received by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with Section 2 l 8. 70, Florida
Statutes, otherwise known as the '"Local Government Prompt Payment Act."
Final invoices are due no later than 90 days after the end of the Agreement. Work
performed during the term of the program but not invoiced ,,vithin 90 days after the end of
the Agreement may not be processed vvithout written authorization from the Program
Manager.
Withholding or Cancellation of Funds. The COUNTY reserves the right to withhold
payments, pending timely delivery of program reports or documents as may be required
under this Agreement. SUBRECIPIENT agrees that funds determined hy the COUNTY to
be surplus upon completion of the Project will be subject to cancellation by the COUNTY.
The COUNTY shall be relieved of any obligation for payment if funds allocated to the
COUNTY cease to be available for any cause other than misfeasance of the COUNTY
itself Payment may be suspended by the COUNTY in the event of a default by
S UBRECIPIENT.
*
OVERPAYMENTS AND OFFSETS
SUBREC I PIENT shall ret urn e rroneo us paym ents. overpayments. or payments disall owed
by this Agreement (including payments made for services subseguent!v determined by the
COUNTY to not be in full compliance with this Agreement's requi rements) or law,
including i nterest at a rate established per §55 .03 ( I), F.S., within 40 days after discovery
by the SUBRECIPI ENT, audi t, o r COUNTY. The S tate or COUNTY may recover against
such payments by deduction from subsequent pavmcnts under this or any other Agreement
with SU BRECIPIENT, or any othe r lawful method. If this Agreement involves federa l o r
s ta te financial ass istance, the followin g appli es:
• The SUBRECIPIENT shall return to the COU:l\TY unused funds. accrued interest
earned, and unmatched grant funds, as detailed in the Final Fi nanci al Report.
\Vithin 60 days of the Pe ri od of Performance end date.
* * *
7
David Lawrence M~rllal Health
2024-01 Amcndrncnl #2
Opioid Settlcm~rll ct,..O
Page 2586 of 4096
1.6-Z NOTICES
Notices required by this AGREEMENT shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery, or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery
or sending. All notices and other written communications under this AGREEMENT shall
be addressed to the individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
COLLIER COUNTY
CONTRACTOR
ATTENTION: Carolyn Noble, Grant Coordinator
Collier County Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples, FL 34112
Email to: Carolyn.No ble@co 11 iercountyfl.gov
Telephone: 239-450-5186
ATTENTION: Marien Ruiz, General Accounting
Manager
Collier County Sheriff's Office
3319 Tamiami Trail East, Building J
Naples. FL 341 12
Email to: Marien.Ruiz@colliersheriff.org
Telephone: 239-252-0852
* * *
2,2 RECORDS AND DOCUMENTATION
E. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CHS, if
requested. In any event, SUBRECIPJENT shall maintain all documents and records in
an orderly fashion in a readily accessible, permanent, and secured location for six (6)
years after it ceases to receive OPIOID Funds. However, if any litigation, claim, or
audit is started before the expiration date of the six (6) year period, the records will be
maintained for six ( 6) years after all Ii ligation, claim, or audit findings involving these
records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this
Agreement, it will notify the COUNTY in writing, of the address where the records are
to be kept, as outlined in florida Statute Chapter 119. SUBRECIPIENT shall meet all
requirements for retaining public records and transfer, at no cost to COUNTY, all
public records in SUBRECIPIENT's possession upon termination of the Agreement,
and destroy any duplicate, exempt, or confidential public records that are released from
public records disclosure requirements. All records stored electronicall y must be
David Lawrence ~vkntal llealth
2024·0 I
Opioid Settlement
8
Amendment #2
Page 2587 of 4096
provided to the COUNTY in a format compatible with the COUNTY"s information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, IT SHALL
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
239 252 2679, Miehael.Brownlee@eolliereountyfl.gov 239-
252-5837, A ngel.Bates @collierco unty fl.gov , 3299 Tamiami Trail
East, Naples, FL 34112.
* * *
3.9 AGENCY RECOGNITION/SPONSORSHIPS
As required by §286.25. F.S .. SL'BRECIPIENT agrees that all notices, informational
pamphlets, press releases, advertisements, descriptions or Program sponsorships, research
reports, and similar public notices, whether printed or digital. SUBRECIPIE\JT has
prepared and released for, on behalf oC and/or about the Program shall include the
statement:
"FINANCED SPONSORED IN PART BY [SUBRECIPIENT
NAME) STATE OF J<'LORIDA, DEPARTMENT OF CHILDREN
AND FAMILIES AND COLLIER COUNTY COMMUNITY AND
HUMAN SERVICES DIVISION"
aoo The words "State of Florida. Depa11ment of Children and Families'· shall appear in the
same size letters or type as the SUBRECIPIENT's name. This design concept is intended
to disseminate key information to the general public regarding the development team as
wc!l as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
Di!vid Lawrence Mental l!calth
2024-01
Opioid Sdtkmcnl
*
9
* *
Aml'ndmcnt 112
CAO
Page 2588 of 4096
3.18 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPlENT
and any subcontractors shall report to the COUNTY any knowledge or reasonable
suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person.
During the term of this Agreement SLJBRECIPIENT must report to the COUNTY in
writing, within one business day of occurrence, any substantial, controversial, or
newsworthy incidents. The Collier County Standard Incident Report Form (Exhibit G)
shall be used to report all such incidents.
SUBRECIPIENT and any subcontractor m ust comply with and inform its employees of
the following m andatory reporting req uirements. Each of the SU BRECIPlE T'S
employcs, and of any subcontractor, providing services in connection with this Agreement
who has knowledge of a repo11able incident shall report such in cident as foll ows:
• A reportable incident is defined in CFOP 180-4
• Reportable incidents that may involve an immediate or impending impact on the
health or safety of a client shall be immediately reported to DC F's Office of
Inspector General and the COUNTY'S Pro g ram Manager
• Other reportable incidents shall be rep011ed to DC F's Office of Inspector Genera!
v-.:ithin two (2) business days of discovery, through the internet at:
https://www.my flfamiles.com/ahout/additiona1-services-ot1ices/o ffi ce-inspector-
general/investigations/inspector-gcncral or by completing a
Notification/Investigation Request (Form CF I 934) and emailing the req uest to the
Office of Inspector General at: [Ci.Complaintsra:imyflfamilics.com. The
SUBRECIPIENT and subcontractor shall mail or fax the completed forms to the
Office of inspector General, 2415 North Monroe Street. Suite 400. T al lahassee, FL
32303-4190: or (850) 488-1428.
* * *
4.13 Unauthorized A l iens shall not be employed. Employ ment of unauthorized aliens shall be
cause for unilatera l cancellation of this Agreement by the COU NTY for vio lation of
§274A of the Immigration and Nationalitv Act. SLBRECIPIENT and its subcontractors
will enroll in and use the E-Verify svs tem established bv the U.S. Department of
Homel and S ecu rity to veri fy the employment elig i bility of its employees and its
subcontractors' employees performing under this Agreement. Emplovees assigned to this
Agreement means a ll persons employed or assi gned (including subcontractors) by the
SUBRECIPIENT or subcontractor. during the Period of Performance, to perform work
pursuant to this Agreement within the United States and its territories.
David Lawrenc~ l\.fontal llcalth
2024-0 I
Opioid Se1tlemcnt
10
Amendment f.2
Page 2589 of 4096
* * *
4,B! Florida Statutes section 119.021 Records Retention
Statutes & Constitutio n: View Statutes: Online Sunshine (state.fl.us)
4.14~ Florida Statutes section 119.071, Contracts and Public Records
htt ://wv.w.le .state.fl.us/Statutes/index.cfm ?A mode=Dis la ' Statute&URL 0 100-
0199/0119/Sections/0119.071.htm!
4.1~.§. 2 CFR 200. I 5 Ne ver contract with the enemy. Federal agencies, recipients, subreci picnts,
and contractors arc subject to the guidance implementing Never Contract with the Enemy
in 2 CfR part 183 .
https://www.ecfr .gov/current/title-2/s ubtitle-A/c haptcr-l l/part-200/subpart-C/scction-
200.215
https://www.ecfr.gov/current/title-2/subtitle-Nchapter-l/part-1 83
4.1'1 Trafficking in Persons: The SlJ13RECIPIENT agree s to, at any tier, comply with all
applicable requirements (including requirements to report allegat ions) pertaining to
prohibited conduct related to the trafli cking of persons, whether on the part of the
SUBRECIPIE NT and any employees of the SUBRECIPlE NT. The detail s of the
SlJBRECIPIENT'S obligations related to prohi bi ted conduct related to the traffic king o[
persons are posted at
https://ojp.gov/funding/Explorc/ProhibitedConduct-Traffick in g.htm.
eCFR :: Ap pendix A to Part 175. Title 2--Award Term
Purs uant to Florida Statues 78 7.06, SPONSOR attests that it does not use coercion for labor
or services. SUBREC IPIENT shall provide an affidav it, under penalty of pe~jury, s igned
by an officer or repre sentative of the organization attesting that it docs no t use coercion for
labor services.
http ://wv..w.leg.state.f1.us/Statutes/index.cfm?Ap p mode=Di splav Statute&lJ RL=0700-
0799/078 7 /Scction s/078 7 .06.html
4.1+~ Whistleblower Protections:
a. In accordance with 2 CPR 200.217 and 41 U.S.C. § 4712, the SUBRECIPIENT may
not di scharge, demote, or otherw ise discriminate against an employee in reprisal for
disclo sing to any of the list of persons or entities provided below, information that
the employee reasonably believes is evidence of gross mi smanagement o f a federal
contract or grant, a gross waste o f federal fond s, an abuse of a uthority rel ating to a
federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a fed era l contract (including the
competition for or negotiation of a contract) or grant.
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b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office:
1v. A Treasury employee responsible for contract or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
v1. A. court or grand jury; or
vii. A management official or other employee or Recipient. contractor, or
subcontractor who has the responsibility to investigate. discover, or address
misconduct.
The SUBRECIPIENT shall inform its employees in writing of whistleblower rights and
remedies provided under 2 CFR 200.217 and 41 U.S.C. § 4 712, in the predominant native
language of the workforce.
https://uscode.house.gov/view.xhtml?req=(ti tlc:41%20section:4712%20edition:prelim)
All SUBRECIPIENT employees directly involved with activities associated with this
Agreement shall complete and submit to the COUNTY the Collier County Whistlcblowcr
Protections Certification form (Exhibit H) prior to execution of this Agreement. Any new
employees hired during the period of performance of this Agreement shall also complete
and submit the form to the COUNTY.
4.19 Federal Whistlehlower Requirements . Pursuant to § l l(c} of the OSH Act of 1970 (29
U.S.C. §660(c)) and the subsequent federal laws expanding the act. the SUBRECJPIENT
is prohibited from discriminating against employees for exercising their rights under the
OSH Act. Details of the OSH Act are located at :
http://www.whistleblowers.gov.
4.20 Employment Screening. As described m CFOP 60-25 . Chapter 2 (i m p lementing §
110.1127. F.S.), as a condition of initial and continued emplovment. the SUBRECIPIENT
shall ensure all staff. whether employees or independent contractors, are screened by DCF
in accordance with chapter 435 , F .S ., are of good moral character. and meet the Level 2
Employ ment Screening standards in§ 435.04, 110.1127. and 39.001 (2). F.S .. including:
• Employment history checks
• Fingerprinting for all criminal record checks
• Statewide criminal and juvenile deli nq uency records checks through Florida
Department of Law Enforcement (FDLE)
• Federal criminal records checks from the Federal Bureau of Investigation via the
Florida Department of Law Enforcement
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• Security background investigation. which ma y include criminal record checks by
local law enforcement agencies: and
• Attestation by each em p lo yee. subject to penaltv of perjury, to meeting the
requirements for qualify ing fo r employment pursuant to Chapter 435. F.S .. and
agreeing to inform the employer immediatelv if arrested for any of the disgualifving
offenses whi le employed by the emp loyer.
SUBREC I PIENT sha ll s ign the Flo rid a Department of Children and Fami li es Employ ment
Screening Affidavit each state fiscal year (no two such affidavits will he signed more than
13 months apart) fo r the term of this Ag reem ent, stati ng that all required staff have been
screened or the SUB RECIPIENT is awaiting the resu lt s or sc ree ning.
4.21 Use of Funds for Diversity , Equitv . and Incl usion Prohibited. No State funding under this
Agreement is bei ng prov ided for. promoting, advocating for. or providing training or
education on "Divers it y, Equi ty, and Inclus ion" (D Ei). DEI is an y program. activity, or
policy that classifies individual s on the basis of race, co lor. sex. national o rigin. gender
identity. or sexual orientation and promotes the position that a grou p or an individual· s
action is inherentl y. unco nsc iously. o r im plicitl y biased on the basi s o f suc h c lass i fica t io n .
4.22 Health Insurance Portability and Accountabilitv J\ct (HIPAA): Should this Agreement
involve SUBRECIPI ENT access to protected health information (Pf !I) the
SUBRECIP IE T sha ll be a "Bus ines s Associate" limited t o the fo llowing permissib le uses
and disclosures. Reference to a section in the HIPAA Rules means the section as in effect
or as amended. The SUBRECIPIENT shall assist the COUNTY in amending this
Agreement to maintai n compliance with HIPAA Rules and anv other applicable law
requirements. An y ambiguit y in this section will be interpreted to permit compliance with
the HIPAA Rules. Within the COUNTY. the Grant Manager has been designated the
HIPAA privacy Officer.
• Catch-all Definitions. The followin g terms as used in this section have the same
meaning as those terms in the HIP AA Rules: Breach. Data Aggre gation. Designated
Reco rd Set, Di scl osure, I [ealth Care Operations , Ind ividual. Minim um Ne cessary,
Notice of Privacy Practices, Protected Health Information , Required by Lav.·.
Securitv Incident. Unsecured Protected l lcalth Information. and Use .
• Specific Definiti ons:
o Business Associate has the same meaning as the term "business associate"'
at 45 CFR §160.103.
o Covered Entitv has the same meani ng as the term "covered entitv" at 45
CFR § 160.103 . and for purposes of this Agreement includes the COUNTY .
o HIPAA Rules will mean the Pri vacy. Securi ty, Breach Notificat ion and
Enforcement Rules at 45 CFR Parts 160 and 164.
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o Subcontractor has the same meaning as the term subcontractor at 45 CFR
§ 160.103 and includes indi vidu als to w hom a Bus iness Associate delegates
a func ti on, activ ity , or service other than as a member of th e wo rkforce of
such Business Associate.
4.23 SUBRECIPIENT Obligations and Activities. The SUBRECIPIENT shall:
• Not use or disclose PHJ except as permitted or reguired by section 4.22 above. or
by law.
• Use the appropriate administrative safeg uards in 45 CFR § 164.308 , physical
safeguards in 45 CFR § 164.310 , and technical safeguards in 4 5 CFR § 164.312;
including policies and procedures regarding the protection of PHI in 45 CfR §
164.316 and the provisions of training on such polic ies and procedures to applicable
employees. independent providers. and volunteers, that reasonably and
approp ri ate ly protect the confident ia li ty, inte gri ty. and avail ab ili ty of the PHI
Provider mav create, receive, maintain or transmit on the SUBRECIPlENT'S
behalf
• Acknowledge that the foregoing safeg uards . policies , and procedures requirements
apply to the SUBR EC IPIENT in the same manner as such requirements apply to
the COUNTY: and the SUBRECIPIENT and its subcontractors are directl y liable
under the civil and criminal enforcement provisions § 13409 and 13410 of the
HITECH Act, 45 CFR § 164.500 and 164.502(E ) of the Privacy Rule (42 U.S.C.
1320d-5 and 1320d -6). as amended, for fai I ur e to comply wi th the safeguards .
policies. and procedures requ irem ents and resu lting U.S . Health and Human
Services (HHS) guid ance thereon.
• Report to the COUNTY any use or disclosure of PH] not permitted by section 4.22
above, including breaches of unsecured PHI as required at 45 CFR § 164.410. and
any security incident.
• Notify the COUNTY'S HIP AA Securi ty Offi cer, HIPAA Pri vacy Officer, and
Grant Manager within 120 hours after finding a breach or potential breach of
personal and confidential data.
• Notify the COUNTY"S 1 IIPAA Privacy Officer and Grant Manager within 24 hours
of HHS notification of any investigations. compliance reviews, or inquiries
concerning violations of HIP AA.
• Provide add itiona l informati on req uested by the COUNTY for in vestia:ation of or
response to a breach .
• Provide , at no cost. notice to affected part ies within 30 days of determination of
any potential breach of personal or confidential data of the Department (§ 501 .171 ,
f.S.); implementation of the COUNTY'S prescribed measures to avoid or mitigate
potential in jury to any person due to a breach or po tential breach or personal and
confidential data of the COUNTY ; and. immediate actions I imi ting or avoiding
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recurrence of any breach or potential breach and anv actions required by applicable
federal and state laws and regulations regardless of the COUNTY'S actions.
• In accordance with 45 C FR § 164 .502(c)(l)(ii) and 164.308(b)(2), as a pplicab le,
ensure all ent ities creat ing. receiving, maintaining. o r transmitting PHl on the
SUBRECIPIENT'S behalf are bound to the same restrictions. conditions. and
requirements as the SUBRECIPIENT bv written contract or other written
agreement meeting the applicable requirements of 45 CfR § 164.504(c)(2) that the
entity will appropriately safeguard the Pl-II. For prior contracts or o th er
arrangements, the SUHRECIPIEJ\T shall provide written certification its
implementation complies with 45 CFR § l 64.532(d).
• Make PHI available in a designated record set to the COUNTY as necessary to
satisfy the COUNTY 'S 45 CFR § 164.524 obl igations.
• Make any amendment to PHI in a designated record set as directed or agreed to by
the COUNTY. per 45 CFR § 164.526, or take other measures as necessary to satisfy
the COUNTY'S 45 CFR § 164.526 obli1rntions.
• Maintain and make available the information requi red to provide an accounting of
disclosures to a covered e ntit y as needed to sat is fy the COUNTY'S 45 CfR §
164.528 obligations.
• To the extent the SUB RECIPIENT carries any obli gation under 45 CFR Subpart E ,
comply with the requirement of Subpart E that apply to the COUNTY in the
performance of that obl igat ion; a nd
• Make internal practices. books. and records available to HHS for determining
HIP AA rule compliance.
4.24 COUNTY Notifications Affecting SUI3RCCIPIENT Disclosure of PHI. The COUNTY
will notify th e SUBRECI PIE T. to the e xtent it mav affect SUBRECIPIENT'S use or
disclosure of PHI, of 45 CFR § 164.520 limitations in the Notice of Privacy Practices: of
changes in. or revocation of. an individual's permission to use or disclose Pl-II; or of any
restriction on the use or disclosure of PHI information the COUNTY has agreed to or is
required to abid e bv under 45 CFR § 164.522 .
4.25 Termination Regarding PHI.
• Termination for Cause. Upon the COU TY'S knowledge of a material breach of the
SUBRECIPIENT'S duties under 4.20 above. the COUNTY mav: (a) provide the
SUB RECIPI ENT opportunity to cure the breach within the COUNTY·s specifi ed
timeframe; (b) immediately terminate the Agreement or discontinue access to PHI; or
(c) if termination or cure are not feasible, the COUNTY will report the breach to the
Secretary of HHS.
• SUBRECIPIENT obligations under Termination. Upon termination,
SUBRECIPIENT, with respect to PHI received from the COUNTY, o r created.
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maintained. or rece ived on be half of the COUNTY, will: (a ) retain on PHI necessary
to contin ue pro per man age ment and administration or to carry out legal
respons ibi lities: (b) return PHI not addressed in (a) to the COU NTY or its dcsignec:
(c) upon th e COUNTY'S perm issio n, destro y PHI th e SUB RECIPIENT maintains in
any fo rm: (d) continue to use a pp ropriate safeguard s and comply with Subpa11 C of 45
CFR 164 wi th respe ct to e lectroni c PHI to prevent use or disclosure of PHI, other than
as provided for in (a) for retained P l II: (e) not use or disclose retained PHI other than
for pu rp oses for which PHI was retained and s ubjec t to the same condi tio ns that
app lied prior t o termination: and (f) co mpl y with (b) and (c) wh en retain ed PHI is no
longer needed under (a)
• Obl igat ions in the preced ing paragraph survive termination.
The SUBRECIPIE1 T represents and warrants tha t no part of the funding under this
Agreem ent will be used in vi o lation of any feder a l or state law. including but not limited
to. 8 U.S. C. § 1324 or 8 U .S.C. § 1325. or to aid or ab et another in viol ating federa l or state
law. The COUNTY may terminate th is Agreement at a ny time if the SU BR EClP IENT
vio lates or aids or abets another in viol ating anv state or fe deral law .
4.26 Pu bl ic Entity Crime an d Discrimi natory Contractors. Pursuant to §287.133 and 287.134.
F.S .. the following re striction s are placed on the ability of persons placed on the convicted
vendor li st or the di sc riminatorv vendor li st. When a person or affiliate has been placed on
the convicted vendor list following a conviction for a pu bl ic entity crime. or any entitv or
affili ate has been placed on the discrim inatory vendo r list. such person, entity. or affil iate
may not submit a bid, propos al , or reply on a contract wit h a public enti tv for the
construction or repair of a public building or public work: may not submit bids. proposals.
or replies on leases or real property to a public entity; may not be a\.varded or perform work
as a contractor, sup plier, subcontractor. or consultant under a co ntract with a public entitv ;
and may not t ransact business wi th any public entitv: provided. however. that the
prohibition on persons or affiliates placed on the convicted vendor list is limited to business
in excess of the thre shold am ou nt provided in §287.017 , F.S ., for CATEGO RY TWO for
36 months from th e date of being pl aced on the convicted vendor list.
4.27 PRIDE. 1t is expre ss ly understood and agreed that anv a rticl es which are the subject oL or
required to carry out. this Agree ment sha ll be purchased from th e corpo ration identifi ed
under Chapter 946, F.S., in the same manner and under the same procedures set forth in
§946.515 (2) a nd (4), F.S .; and for purpo ses of thi s Agreemen t, the person, firm, or oth er
bus iness entitv carryin g out the provisions of this Agreement shall be deemed to be
subst itu ted fo r this agencv insofar as dea ling s with such cor po rat ion are concerned.
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4.28 Continuing Oversight Teams . The SUBRECIPIENT shall com ply with the provisions of
§287 .057(26), F.S ., as app li cable, establi shing and governing conduct of Continui ng
Oversight Teams for contracts of $5 million or more.
4.29 Major Disasters and Emergencies. The Stafford Act allo\vs federal assistance for major
disasters and emergencies upon a declarat io n by the Pres ident. U po n the declaration . th e
COUNTY is authorized to apply for federal reimbursement from the Federal Emergency
Management Agency (FEMA) to aid in response and recovery from a major disaster. The
SUBRECIPIENT shall request reimbu rsement for eligible expenses through the COUNTY
with payment subject to FEMA approval and reimbursement.
4.30 Executive Compensat ion Rep ort ing. Annuall y on or before May I, SUBRECIPIENT shall
complete and return the Executive Compensation Annual Report (Form PCMT-08).
located at :
https :/ /rnyflfam i l ics.com/sites/defaul t/filcs/2025-
03/Execu ti ve%20Compensation%i20A nnual%20 Re po rt 0.pdf.
In accordance wit h §216.133 6, F.S ., if the SUB RECIPlE Tis a nonprofit as defined in
§215.97(2)(m). F.S .. SUBRECIPIENT must provide documentation to the COUNTY that
indicates the amount of state funds:
• Allocated to be used du ring the full term of the Agreeme nt for remu neration to any
member of the Board of Directors or an officer of the contractor.
• Allocated under each payment by the COUNTY to be used fo r remuneration of any
member of the Board or Directors or an officer of the contractor. The
documentation must indi cate the amounts and recip ients of the remunerat ion.
If the SUBRECIPIENT maintains a website, information provided pursuant to the
statement above must be posted o n the website.
4.31 Recycled Products. The SUB RECIPIENT sha ll procure any recycled products or materials.
which are the subject of or are required to carry out this Agreement, in accordance with
§403.7065, F.S.
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EXHIBIT A
FLORIDA OPIOID ALLOCATION AND STATE\1/IDE
RESPONSE ACREE~~ENT (Florida Plan)
(See Attachment)
C OLLI E R COUNTY RES OL UTIO N 2021-136
(Florida Plan)
RESOLUTION NO. 2021 -_U.6
A RESOLUTION OF THF. BOARD OF COFNTY COMMISSIONERS Of'
COLLIER COUNTY, FLORIDA, AUTHORJZING COLLIER COUNTY TO
JOIN WITH THE STATE OF FLORIDA AND OTHER LOCAL
GOVERNMENT AL Ul\1TS AS A PARTICIPANT IN TIIE FLORIDA
MEMORANDUM OF UNDERSTANDING AND FORMAL AGRF.EMENTS
IMPLF.MENTrNG A UNIFIF.O PLAN.
WHEREAS, Collier County has suffered hann from the opioid epidemic; and
WHF,RF.AS, Collier County recognizes that the enrire State of Florida has suffered harm
as a result from the opioid epidemic; and
WHEREAS, the State of Florida has filed an action pending in Pasco Cowity, Florida, and
a number of Florida Cities and Counties have also filed an action In re: National Prescription
Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation'') and Collier County is not
a litigAting participant in that action; and
WHERRAS, the State of Florida and lawyers representing certain various local
governments involved in lhe Opioid Litigation have proposed a unified plan for the allocation and
u~e of prospective settlement dollars from opioid related litigation; and
WHEREAS, the Florida Memorandum of Understanding (the "Florida Plan'") seL~ forth
sets forth a framework of a unified plan for the proposed allocation and use of opioid settlemeat
proceeds and it is anticipated that fonnal agrecmcnls implcmi.:nting the Flori<fa Plan .,,.;n be entered
into at a future date; lllld
WHERF,AS, participarion in the Florida Plan by a large majority of Florida cities and
counties will materially increase the amount of fwHls to Florida and should improve Florida's
relative bargaining position during additional settlement nq;otiations; and
WHERRAS, failure to participate in the Florida Plan wi!l reduce funds available to the
Stale, Collier County, and every other Florida City and County.
NOW, THEREFORE, HE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. That participation in the Florida Plan would be in the best interest of the
Collier County and its citi,.ens in that such a plan ensUJcs that almost all of the settlement funds
go to abate and resolve the opioid epidemic and each and every city and county receive~ funds for
the harm that it has suffered.
SF,CTION 2. That the Collier County Boa.rd of Cc,unty Commissiom:rs hereby expresses
iB support of a uni tied plan for the allocation an<l use of opioid ~ltlement proceeds as generally
dcscrihcd in thi.: Florida Plan, attached hereto as Exhibit "A."
121-S ~F-00250/lli42784/ 1;
David Lawrence M~nrnl Health
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7/8/2025
Item # 16.D.9
ID# 2025-2118
Executive Summary
Recommendation to approve an after-the-fact acceptance of Round 2 funding from the Local Government Cybersecurity
Grant Program through the State of Florida Department of Management Services for Collier County Public Safety
Department upgrades related to the P25 800MHz Radio System and authorize the County Manager or designee to
execute any required documents to accept the award in an estimated amount of $103,320.
OBJECTIVE: To support Collier County’s Infrastructure and Asset Management strategic objective through
development and utilization of partnerships to ensure that government facilities meet public expectations by allowing for
enhanced security for the network and data infrastructure withing Collier County public safety radio systems.
CONSIDERATIONS: On May 31, 2024, the Public Safety Department, working with the Grants Compliance Manager,
submitted a grant application to the Florida Department of Management Services through their Florida Digital Services
Division for consideration of being awarded funds to help support the Cyber Security infrastructure within Collier
County.
On June 25, 2024 (Item #16.F.3), an After-the-Fact approval of the Year 2 funding grant application and acceptance of
the award was approved by the Board. On May 12, 2025, the Public Safety Department was notified that they had been
awarded additional improvements for Round 2 of the same Year 2 Florida Local Government Cybersecurity Grant. This
round 2 funding awards an additional set of licenses and software associated with capabilities for the 800MHz radio
system used by Collier County.
The award conditions have short deadlines that require an expedited execution of the award. As part of the award, the
grant agreement was required to be executed prior by June 12, 2025, to claim the award. Due to inability to get the grant
agreement to the Board prior to this date, the Public Safety Division deemed it necessary to utilize Collier County CMA
5330 which authorizes the County Manager to approve and sign the grant award documentation with a subsequent
Board action at the July 8, 2025, Board meeting.
There are no matching funds to acquire the grant, and the State will pay the vendors for the software and assist the
County with installation and configuration of the software. Collier County will be required to share telemetry (metrics,
structured logs, and traces) data with the State so that it is alerted if a threat is identified. This allows the State to share
the vectors for that attack with other Local Government Agencies that are participating in the grant.
This item is consistent with the Collier County's Infrastructure and Asset Management strategic plan objective.
FISCAL IMPACT: A budget amendment is not necessary to appropriate funding as the State of Florida Department of
Management Services will secure services directly with the Florida Department of Management Services contracted
vendors in the estimated amount of $103,320.00. This grant program does not require a local match. The County will
also administer and maintain the software after installation with the current complement of staff.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Public records are subject to
disclosure unless exempt from disclosure by law. Records pertaining to cybersecurity are confidential and exempt from
Section 119.071, Fla. Stat., including: insurance limits and deductibles, information relating to critical infrastructure,
incident reporting information pursuant to sections 282.318 and 282.3185, F.S., network schematics, hardware and
software configurations, and encryption information or information that identifies detection, investigation, or response
practices for suspected or confirmed cybersecurity incidents, including suspected or confirmed breaches, are confidential
and exempt pursuant to section 119.0725, F.S. References to such exempt materials in the Grant Agreement have been
redacted from this Board agenda item but appear in the Grant Agreement that was submitted to the State. This item is
approved as to form and legality and requires a majority vote for Board approval. -JAK
RECOMMENDATIONS: Recommendation to approve an After-the-Fact acceptance of Round 2 funding from the
Page 2613 of 4096
7/8/2025
Item # 16.D.9
ID# 2025-2118
Local Government Cybersecurity Grant Program through the State of Florida Department of Management Services for
Collier County Public Safety Department upgrades related to the P25 800MHz Radio System and authorize the County
Manager or designee to execute any required documents to accept the award in an estimated amount of $103,320.00.
PREPARED BY: Prepared By: Parker Smith, Grant Coordinator, Community & Human Services Division
ATTACHMENTS:
1. Approved ATF Request Florida Local Gov Cybersecurity
2. CM Signed FL Local Gov Cybersecurity Grant Agreement
Page 2614 of 4096
cffi",Covmty
TO
UL
ffice of Management & Budget
Amy Patterson, County fvlanager
lan Barnwell, County Manager Chief of Staff
Nathaniel Hinkle, lvlanager
Telecommunications Public Safety
FROM: Therese Stanley aV
Manager - OMB Grants Compliance
DATE
RE:
June 11, 2025
County l/anager review and approval to accept and execute a Local Governmenl
Cybersecurity Grant award from the Florida Department of lvlanagement Services (DMS) to
receive technical solution and cybersecurity services for the County's 800 MHz radio system
in an estimated amount of $103,320. (ATF 25-007).
The Florida Local Government Cybersecurity Grant (FLGCG) is a competitive grant program to provide
cybersecurity technical assistance and capabilities to Florida's local governments to improve their
cybersecurity posture and resiliency. Funding is awarded through a benefit of services rather than direct
funding, administered through the Florida Department of lvlanagement Services and managed by Florida
Digital Services.
Services awarded lhrough the FLGCG will allow the County to maintain, upgrade and add additional
security to the existing 800 MHz radio system infrastructure. The countywide 800 MHz radio system
supports the law enforcement, EMS, county government, public school districts, fire districts and the city
municipalities.
Due to the award providing a benefit of services directly engaging a third-party through the State's
contracted vendors, the County will not recerve direct funding. The value of services is estimated at
$'103,320 and does not require a local match.
The award was received on May 12, 2025, with an award acceptance and execution no later than June
12,2025. Due to the short turnaround time, it is necessary to utilize Collier County CMA 5330 which
authorizes the County Manager to execute the grant award with a subsequent Board action at the next
available meeting of June 24,2025.
Once you have reviewed the application and grant agreement, please sign the areas marked throughout
the agreement and call me for pickup at 239-252-2959.
Thank you, and please let me know if you have any questions regarding this request
Grant App lication Reviewe d and Approved by the
ee:Manager, or
County Manage r
t.lt4x<ua
After-the-Fact Approval by the BCC is required at the
June 24.2025, BCC meeting
3299 Tamiami Trail East, Suite 201 . Naples. Florjde3/ll2-5146. 239-2524973 . FAx 239-252-8828
Page 2615 of 4096
t ; Florida Digitatservice MAI{AOEMENT
SERUTCTS
LVa r.rv. rhatc !h6<..vc rl.'i.a
I
rl
Ron DeSantis, Florlda Governor
Pedro Allende, Secretary
Wanen Sponhohz. Florida State Chief lnlormation Officer
cAO
GRANT AGREEMENT
FOR
TOCAL GOVERNMENT CYBERSECURITY GRANT PROGRAM
CONTRACT NO; DMS-24/25-430
CATALOG OF STATE FINANCIAL ASSISTANCE NUMEERT 72.015
BETWEEN
THE STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
AND
COLLIER COUNW PUBLIC SAFEW DEPARTMENT
Florida Oigital Servrce 2555 Sh(rnBrd Oak Blvd, Tallahassee. Fl.32399 htlpslldioital.ll.oov
Page 2616 of 4096
GRANT AGREEMENT
This Grant Agreement is made and ontered into by and bet,,veen the Department of Management
Services (Department), an agency of the State of Florida (State), and Collier County Public Safsty
Department (Grantee). The Department and the Grantee are sometimes referred to herein individually
as a 'Party" or collectively as the "Parties."
THIS AGREEMENT IS ENTERED NTO BASED ON THE FOLLOWING REPRESENTATIONS
WHEREAS, the Department. through the Florida Digital Service (FL[DS]), has the authority,
pursuant to Section 200, Fiscal Y eat 2024-2A25 General Appropriations Act (GAA), to provide
nonrecurring assistance to local governments for the development and enhancement of cybersecurity
risk managemenl programs; and
WHEREAS, the Grantee represents that it is Jully qualified and eligible 1o receive the grant
identified herein in acrordance with the terms and conditions hereinafter set fo(h.
NOW THEREFORE, the Parties do mutually agree as follows:
A. Deliverables and Perfornance Requirements:
ln accordance with the GAA, the Parties agree that the funds wll be utilized as described in
AnachmentA- Solution Statement of Work. The Grantee shall provide lhe deliverables specified
herein in accordance with the lerms and conditions of this Agreement, including its attachments
and exhibits
The perlormance period for this Agreement begins upon execution and ends upon the expiration
of the applicable cybersecurity technical assistance services or commodities awarded or
purchased pursuant to the Agreement, or in accordance with the final implementation plan(s),
unless terminated earlier in accordance with the Agreement. No renewals or extensions of this
Agreement are permitted,
C, Agreement Documenls and Amendments Thereto.
Aor6ement Documents. "Agreement' means this Grant Agreemenl and all incorporated
attachmonts, exhibils, and schedules, which set forth the entire understanding of the Parties.
There are no other provisions, terms, conditions or obligalions. This Agreement supelsedes
al previous oral or written communications, representations, or agreements on this subject.
All attachments, exhibits, and schedules listed below are lncorporated in their entirety into,
and will form part of, this Agreemenl. ln lhe event of a conflict, the following order ol
precedence shall apply:
a. This Grant Agreement
b. Attachment A - Solution Statemenl of Work
c. Attach ment I - Audit Requirements forAwards of State and Federal Ftnancial Assistance,
including its Exhibit 1
d. Anachmenl C - Grantee Data Sharing Agreement(s) ("DSA"), if applicaole
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B. Agreement Period:
Page 2617 of 4096
e Final lmplementation Plan. if appl cable(s)
2. Counteroarts This Agreement may be executed in any nurnber of counterparts. all of which
taken together shall constitute one (1) single agreement between the Parties.
3. Survivabilitv. This Ag reement and any and all promises, covenants, and representations made
herein are binding upon the Parties hereto and any and all respeclrve herrs, assigns, and
successors in interest. The respective obligalions of the Parties, which by their nature would
continue beyond the ternination or expiration of this Agreement, including withoul lmitation,
the obligations regarding confidentiality, proprietary interests, and public records, shall survive
termination or expiration of this Agreement.
4. Severability lf a court of competent jurisdiction deems any term or condition of this Agreement
void or unenforceable. the other provisions are severable to that void provision, and will
remain in full force and effect. However, to the fullest extent p€rmitted by law. this Agreement
shall be construed as if the scope or duratjon of such provision had been more narrowly
drafted so as not to be inval d or unenforceable.
5. Amendments. Wth the exception of changes to the Prirnary Contacts, DSA/IT Coordinators,
and the provisions of the applicable vendor terms and condrt ons, this Agreement may only
be modified or amended by a wrltten agreement duly executed by the Parlies
D. Notices and Primary Contacts:
Notices. The Parties shall !se the contact informatlon prov ded in Section D.2 , Primary
Contacts, below, lor all communications and notices under lhis Agreement. Wlere the term
'written notice'' is used to specify a notice requrrement herein, said notice will be deemed to
have been given (i) when personally deliveredi (ii) when transmitted via facsimile (with
confirmation ol receipt) or email (with confirmation of receipt), provided the sender on the
same day sends a confirming copy of such notice by a recognized delivery service (charges
prepaid), (iii) the Business Day immediately following the next Business Day on which the
notice or communication has been provided prepaid by the sender to a recognized overnight
delivery service; or (iv) on lhe date actually received except where there rs a date of the
certification of receipl. For purposes of this Agreement, "Business Day" rneans any day of the
week, excluding weekends and holidays, observed by State agencies pursuant to section
110 117(1Xa) 0), Florida Statutes (F.S.).
2 Primarv Conlacts
2 Department's Grant Manager (see section 215.S71, F S )
Lacy Perk ns, Procurement & Grants Administrator
Florida Digital Servrce
DepartTre'')t ol Managerrent Services
2555 Shumard Oaks Blvd
Tallahassee. Flor da 32399
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Page 2618 of 4096
Telephone: (850) 41 3-0604
Email : Cvbersecu ritvcrantsaad igltal.fl.oov
2. Grantee's Grant Manager
Steven Hall, Applicatjons Analyst
Collier County Public Safety Depanment
8075 Lely Cultural Parkway
Naples, FL 341 13
Telephone: +1 (239) 252-3615
Email: steven.hall@colliercountyfl gov
3. Changes in Primarv Contacts. Either Pa rty may provide notice to the other Party by email
ldentifying a change of a designated prrmary contact and providlng the new contact
information forthe newly designated primary contact. such notices must be sent to the other
Party's Grant Manager and is sufficlent to effectuate this change without requiring a written
amendment to this Agreement.
E. Payment, Funding, and Award Considerations:
'1 FiscalYear. The funds utilized for this Agreement are frorn the State's 2024-2025 Fiscal Y ear
which begins July 1, 2024, and expires on June 30, 2025
2. Services Licenses or Commodities Awards. The Grantee agrees to implement services.
licenses or commodities described in Attachment A - solution statement of work, according
to the F nal lmplementation Plan(s), if applicable. Alluses of the items described in Attachment
A - Solution Statement of Work are subject to lhe terms and conditions of the DSA and
appl cable riders attached thereto.
3 Procurement The Department agrees to purchase all commoditles or services awarded to
the Grantee on behalf of the Grantee as descr bed in Attachment A - solution statement of
Work.
F. Compliance with Law:
1. Applicable Law. ThB Pa(ies shall comply with the applicable slate and fedsral laws. rules,
regulations, and policies, including, but not limited to, those identified in this Agreement.
2. Governing Law. The Granlee agrees that this Agreement is entered into in the State of
Florida and shall be construed. performed, and enforced in al respects in accordance wth
the laws, rules, and regulations of the State. Each Party shall perform its obligations herein
in accordance with the terms and conditions of this Agreement. Without limiting the provLsrons
of Section P, Dispute Resolution. the exclusive venue of any legal or equitable action lhat
arises out of or relates to this Agreement shall be the appropriate State court in Leon County.
Florida; in any such action, the Parlaes waive any right to jury trial. Except as otherwise
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Page 2619 of 4096
provided by law, the Parlies agree to be responsible for their own attorney fees incurred in
connection with disputes arising under the terms of this Agreement.
3 Ethics. The Grantee shall comply with the requirements of sections 11 .052 and 216.347. F.S
The Grantee shall not, in connection with this or any other agreement with the state, directly
or indirectly I
a. offer, conter, or agree to confer any pecuniary benefit on anyone as consideration for
any State officer or employee's decision, opinlon. recommendation, vote, other exercise
of discretion, or violation of a known legal duty, or
b. Offer, qive, or agree to give to anyone any gratuity for the benellt ot, or at the direction or
request of, any State officer or employee. For purposes of this subsection b, 'gratuity'
means any payment ol more than nominal monetary value in lhe form of cash, travel.
entertainment, gifls, meals, lodging, loans, subscriptions' advances, deposits of money,
seryices, employment or contracts of any kind.
Upon request of lhe Department's lnspector General, or other authorized State officia, the
Grantee shall provide any type of information the lnspector General deems relevant lo the
Grantee's integnty or responsibility. Such information may include, but shall not be limited to,
the Grantee's business or financial records, documents, or files of any type or lorm that reler
to or relale to this Agreement. The Grantee shall .etain such records in accordance with the
record retention requirements of Part V of Attachment B, Audit Requirements for Awards of
State and Federal Financial Assistance.
4. Advertising. Subject to Chapter 119, F.S. the Grantee shall not publicly disseminate any
information concerning this Agreement under any promotional activity, such as
advertisements or press releases, without prior written approval from the Departrnent
5. Conflict of lnterest This Agreement is subject to Chapter 112, F S. The Grantee shall
disclose the name of any otficer, director, employe€, or other agent who has or potentially
has a conflict of interest relating to th s Agreement or funds received hereunder.
6. Records Retention. The Grantee shall retain all records made or received in conjunction with
this Agreernent for the longer ol fve (5) years after the end of this Agreement period and all
pending matters or the perlod required by the General Records Schedules maintained by the
Florida Department of state (available at: httpst//dos. myfloflda.com/media/703328/gs'l -sl-
2020.od0. lf the Grantee's record relention requirements terrnlnate prior to the requarements
stated neretn, the Grantee may meet the Department's record retention requirements for this
Agreement by transferring its records to the Deparlment 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 lnstitute of standerds and Technology Special
Publication 800-88, 'Guidelines for Media Sanitization" (2O14l See
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Page 2620 of 4096
G. Recoupment of Funds:
1. Notwithstanding the damages limitatrons of Sectron R. Limitatron of Liablllty, rf the Grantee's
non-compliance with any provislon of th s Agreement results in additional costs or monetary
loss to the Department or the slate, the Department can recoup the costs or losses from
monies owed to the Grantee under this Agreement or any oiher agreement between the
Graotee and any State entity. ln the event th6t the discovery of additional costs or losses
arises when no monies are ava lable under this Agreement or any other agreement between
the Grantee and any State entity, the Grantee shall repay such costs or losses to the
Department in full wthin thirty (30) days from the date of discovery or notilicalion, unless lhe
Department agrees n writing. lo an alternative timeframe. The Department shall not be liable
for any penalties or costs associated with the Grantee s misuse of any purchases made
pursuant to this Agreement.
2. lf the Grantee or its independent auditor discovers that an overpayment has been made. the
Grantee shall repay said overpayment within forly (40) calendar days without prior notiJicatron
lrom the Deparlment. ln the event that the Department first discovers an overpayment has
been made, the Department will notify the Granlee in writing. Should repayment not be made
rn a timely manner, the Department shall be entitled to charge interest at the lawful rate of
interest on the outstanding balance beginning forty (40) ca endar days after the date of
notification or discovery. Refunds should be sent to the Department's Agreemenl Manager
and made payable to the "Department of Management Services. ll thrs Agreement is
terminated for cause, the Department, at its discretron, may require that lhe Grantee return to
the Department any funds that were used for purposes that are considered ineligible under
thls Agreement.
H. Aud its and Records:
1. Representatives of the Department, the State's Chief Fanancial Officer. the State's Auditor
General, and representatives of the federal government, shall have access to any of the
Grantee's books, documents, papers, and records, including electronic storage media, as they
may relate to this Agreement, for the purposes of conducting audits or examinations or making
excerpts or transcriptions.
2 The Grantee shall mairtain books records, and documents in accordance wrth the gBnerally
accepted accounting principles to sufficiently and proporly reflect all purchases made under
this Agreemenl.
The Grantee shall comply with all applicable requirements o, section 215 97, F.S, and
Attachment B, Audit Requirements for Awards of State and Federal Financral Assistance. lf
the Grantee is required to undergo an audit, the Grantee shal disclose ell reated party
transactions to the auditor.
3. The Grantee shall retain all its records, ,inancial records, supporting documents, statistical
records, and any other documents, including electronic storage media, pertinent to this
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Page 2621 of 4096
Agreement in accordance wrth the record retention requirements of Parl V of Attachment B,
Audit Requirements for Awa rds of State a nd Federal Financ al Assistance. TheGranteeshal
cooperate with the Department to facilitate the duplication and kansfer of such records or
documents upon the Depanment s request
4. f awarded services, licenses. or commodities described in Attachment A - Solution Statement
of Work, the Grantee shall include records of the start and end dates for all tasks in the Final
lmplementation Plan(s), f applicable. Additional requirements may be incorporated rn the
Final lmplementation Plan(s).
5. The Granlee shall include the aforementioned audit and recordkeeping requirements in all
approved subrecipient contracts and assignments.
l. Public Records and Records Production:
a. Cybersec{rrity insurance limits and deductibles
b. lnfo(mation relaling to critical infrastructure;
c. ncident reportrng information pursuant to sectlons 282.3'18 and 282.3185 F.S.:
d. Network schematicsi
e. Hardware and software configurations: and
f. Encryption information or information that identifes detection, invest gation, or response
practices for suspected or conrirmed cybersecurity incidents, including suspected or
confirmed breaches.
f the Grantee considers any portion of other records lt provides to the Dapartment (or any
other Stale agency) lo be trade secret or otherwise confidential or exempt frorn disclosure
under Florida or federal law, the Grantee shall mark the docurnent as "confldentia " and
simultaneously provide the Department (or other State agency) wilh a separate, redacted
copy of the record. Such records and those records made confldential and exempt pursuant
to section 119.0725. F S., shall be considered "Confidenlial lnformation.' For each porlion
redacled, the Grantee shall describe in $/ritang the grounds {or claiming the exemption,
rncluding the speciflc statutory citation for such exemptron. The Grantee shall only redact
portions of records that it claims are Confidential lnfotmation.
ln the event of a request for public records pursuant to Chapter 119 F.S.' ths Florida
Constitution, or other authority to which records that are marked as "confidential" are
responsive, the Department will provide the Grantee'redacted copy to the requestor. lf a
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I ldentificetion and Protection of Confidential lnformation. Article 1, section 24, Florida
Constitution, guarantees every person access to all public records, and section 119.01 1,
F.S.. provides a broad definition of 'publ c record." As such, records submitted to the
Department (or any other State agency) are public records and are subject to disclosure
unless exempt from disclosure by law The following records for agencies, as'agency" is
defined in section 119.01 I(2), FS., are conlidential and exempt pursuanl to section
119.0725, F S.:
Page 2622 of 4096
requestor asse(s a right to the redacted Confldential lnformation, the Department will notify
the Grantee such an assertion has been made. lt is the Grantee's respons bility to take the
appropriate legal action to assert that the information in question is exempt from disclosure
under Chapter 119, F.S , or other applicab e law
lf the Departmenl becomes subject to a demand for discovery or disclosure of documents
that are marked as "confldentiat" in a legal proceeding, the Department wi i give the Grantee
notice of the dernand or request. The Grantee shall lake the appropriale legal action in
response to the demand and to defend its claims of conf dentia ity. lf the Grantee fails to take
appropriate and timely action to protect the records it has designated as Confdential
lnformation, the Grantee agrees that the Department is permitted to treat those records as
not confldential and the Department is permitted to provrde the unredacted records to the
requester and the Grantee agrees not to pursue any suit, action, or claim, including for
damages, against the Department or ils employses, attorneys, agents or volunteers.
The Grantee shall protect, defend, and indemn y the DePartment from all suits claims,
actions, demands, iability, costs, fines, and attorneys'fees arising from or reating to the
Grantee's delermination that lhe redacted portions of its records are Confidential lnformation,
including all costs, including attorney's fees, incurred regarding the entitlement or anrount of
such attorney's fees. f the Grantee tails to submit a redacted copy in accordance with this
sect on, of information it claims is Confidential lnformation the Department is authorized to
produce the entire record submitted to the Department, including those records marked
'confident al," in response to a public records requesl for, or demand for discovery or
disclosure of, these records and the Grantee agrees not to pursue any suil, action, or claim
including for damages, against the Department or its employees, attomeys agents, or
volunteers.
2 lnsoection of Records, ln accordance with section 216.1366, F.S., the Department rs
authorized to inspect the: (a) financial records. papers, and documents of the Grantee that
ale directly re]ated to the performance of this Agreement or the expenditure of State fundsl
and (b) programmatic records. papers, and documents ofthe Q136(ge whlch the Department
determines are necessary to monitor the performance of this Agreement or to ensure that
the terms of this 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.
The Grantee sha I not unlawfully discriminate against any individual ernployed in the performance
of this Agreement dLe to race, religion. color, sex physica 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 al egation of harassmenl shall be given priority attention and
action.
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J. Non.Discrimination:
Page 2623 of 4096
K. Duty of Continuing Disclosule of Legal Proceedings and lnstances ol Fraud:
1 The Grantee sha I provide written notice to the Department disclosing any crirninal Iitlgation,
investigation, or proceeding that arises during the Agreement period involving the Grantee
except where the Grantee is rnvolved n a prosecutorial or administrative capacity, or to the
extent the Grantee is aware, any of the Grantee's subreclpients or contractors (or any of the
foregoing entltes'cuffent offlcers or directors). The Grantee shall a so provide written notice
to the Department disclosing any civil litigatlon, arbitration, or proceeding that arises during
the Agreemenl period that is related to or involves funds provided under thls Agreement, to
which the Grantee (or, to the extent the Grantee is aware any subrecipient or contractor
hereunder) is a pafty. and which:
a. Might reasonably be expected to adversely affect the viability or financial stability ol the
Granlee or any subrecipient or contractor hereunderi or
b. Invo ves a claim or written a legation of fraud against the Grantee. or any subrecipient or
contractor hereunder, by a governmental or public entity arising out of business dealings
with governmental or public entities.
All notices under this section must be provided to the Department within thirty (30) Business
Days following the date that the Grantee flrst becomes aware of any such litigation,
investigation, arbtration, or other proceeding (collectively, a "Proceeding"). Details of
settlements that are prevented trorn disclosure by the terms of the settlement must be
annotated as such
2. This duty of disclosure applies to each olflcer and director of the Grantee, subrecipients. or
contractors when any Proceeding relates to the officer's or director s business or financial
activ itie s.
3. lnstances of Grantee operational fraud or criminal activities regardless of whether a lega
Proceeding has been initiated, shall be reported to the Deparlment's Grant Manager within
twenty-four (24) hours of the Grantee being made aware of the incident.
4. The Grantee shall promptly notify the Department's Grant lvlanager of any Proceeding
relating to or affecting the Grantee's, subrecipient's, or conlractor's busirless. lf the existence
of such Proceeding causes the State to conclude that the Grantee s ability or willingness to
perlorm this Agreement is ieopardized, the Grantee shall be required to provide the
Department's Grant Manager all reasonable assurances requested by the Department to
demonstrate that:
a. The Grantee wi I be able lo perform this Agreement in accordance with its terms and
conditions; and
b. The Grantee and/or its ernployees, agents, subrecipients, or contractor(s) have not and
wil not engage in conduct in performance under this Agreement that is simllar n nature
to the conduct alleged in such Proceeding.
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Page 2624 of 4096
L. A3signments, Subgrants, and Contracts:
1. Unless otherwise Specified in Attachment A - Solution statement of work, or through prior
written apploval of the Department, the Grantee may not 'l) subgrant any funds awarded
under this Agreement: 2) contract its duties or responsibilitles under this Agreement out to a
third party: or 3) assign, transfer, or sell any of the Grantee's rights or responsibilities, !n ess
speciflcally permitted by law to do so. Anysuch subgrant. contracl, or assagnment occurring
without the prior approval of the Department shall be null and void. ln the event the
Department approves transter of the Grantee's obligations, the Grantee remains responsible
for all work performed and all expenses incurred in connection wlth this Agreement n
addition, this Agreement shall bind the successors, assigns, and legal representatives ol the
Grantee, and of any legalentity thal succeeds the Grantee to lhe Gra ntee s obligations to the
Department.
2. The Grantee agrees to be responsible for all work performed in fulfilling the obligatlons of this
Agreement
3. The Grantee agrees that the Department may assign or transfer its rights, dultes, or
obligations under this Agreement to another governmenta entity upon giving prior written
notice to the Grantee.
M. lntellectual ProPerty Rights:
Where activities supported by lhis Agreement result in the creation of intel ectual propeny r ghts
the Grantee shall notity the Department. and the Department will determine whelher the Grantee
will be required to grant the Departmenl a perpetual, irrevocable, royalty-free, nonexclusive
lrcense to use, and to authorize others to use for State government purposes, any resulting
patented, copyrlghted, or lrademarked work products developed under this Agreement
N. lndependent Conlractor Status:
It is mutually understood and agreed to that at all times during the Grantee's performance of lts
duties and responsibilities under this Agreemenl that Grantee is acting and performing as an
independent contractor. The Department shall neither have nor exercise any control or direction
over the methods by which the Grantee shall perlorm its work and Iunctions otherthan as provided
here n. Nothing in this Agreement is intended to or shall be deemed to constitute a partnership
or joint venture between the Parlies.
The Grantee (and its officers, agents, employees. subrecipients, contractors, or assignees),
in perlormance of this Agreement. shall act in the capacity of an independent conlractor and
not as an officer, employee, or agent of the state. Further, unless specilically authorized to do
so, the Grantee shall not repres€nt to others that, as the Grantee, it has the authority to bind
the Department or the State.
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Page 2625 of 4096
2. Neither the Grantee nor rts officers agents. employees, subrecipients, contractors, or
assigrees, are entitled to State retirement or State leave benefits, or lo any other
compensat on of State employrnent as a res!lt of per{orming the duties and obligations of this
Agreernent
3. The Grantee agrees to take such actions as may be necessary to ensure that each
subrectpient or contractor will also be deemed to be an independent contractor and will not be
considered or perrnitted to be an agent, servant, joint venturer, or partner ol the State.
4. Unless agreed to by the Department in Attachment A - solution statemenl of work. the
Department will not furnish seNices of support (e.g., otfice space, omce supplies, telephone
service, secretarial, clerical supporl, elc ) to the Grantee or its subrecipient, contractor, or
assignee.
5. The Department shall not be responsible for withholding taxes with respect to the Grantee's
compensation hereunder. The Grantee shall have no claim against the Department for
vacation pay, sick leave, relirement beneflts, social security, workers' cornpensation' health
0r disablity benefits, reemployment assistance beneflts, or employee beneflts of any
kind. The Grantee shall ensure that its employees, subrecipients. conlractors, and other
agents, receive benefits and necessary insurance (health, workers' compensation,
reemployment assistance benefils) from an employer other than the State.
6. At all times during the Agreernent period, the Grantee mLlst comply with the reporting and
Reempioyment Assistance contribution paymenl requirements of chapter 443. F.S
O, Termination:
1. Termination for Failure to lmplemeQt. For awarded services, licenses, or commodities under
Attachment A - Solution Statement of Work if the Grantee does not approve a Fina
lrnplementation Plan v/ithin 15 caendar days of purchase order issuance for the awarded
solutions, this Agreernent may be term nated by the Department at its sole discretion.
2 Termination Due to the Lack of Funds. The funds utilized for this Agreement are from the
State's 2024 2025 Fiscal Year, which begins July 1 , 2024, and expires on June 30, 2025 if
funds become unavailable for this Agreement's purpose, such event will not constitute a
default by the Department or the state. The Depa.tment agrees to notify the Grantee in writing
at the earliest possible time if funds are no longer available. ln the event that any State funds
upon which this Agreement depends are withdrawn or redirected, the Department may
terminate lhis Agreement by providing written notice to the Grantee. The Department will be
the final authority as to the availab lity of funds.
3. Termination fo_r Cause. The Department may terminate this Agreement if the Grantee fails to
a satisfactorily complete the deliverables within the time specified in this Agreement,
b Maintain adequate progress, thus endangering performance of this Agreement;
c. Honor any term of this Agreement; or
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Page 2626 of 4096
d. Abide by any statutory, regulatory, or licensing requirement.
The Grantee shall continue to perform any work not terminatod. The Department's rights
and remedies in this clause are in addition to any other rights and remedies provided by law
or under this Agreement. The Grantee shall not be entitled to recover any cancellation
charges or lost profils.
4. Termination for Convenience. The Department may termlnate thls Agreement, in whole or in
part. by providing written notice to the Grantee that the Department determined, in lts sole
discret on, at is in the State's interest to do so. The Grantee shall not iurnish any product or
continue services after the specified lermination date in the Oepartment's notice of
termination, except as necessary to complete the continued ponion of this Agreement, fany
The Grantoe will not be entitled to recover any cancellation charges or lost profits.
5. Graniee's Rssoonsibilities upon Termination. lf the Department provides a notice of
termination to the Granlee, excepl as otherwlse specified by the Oepartment in that notice.
the Grantee shall:
a. Stop work under th s Agreement on the date and to the extent specified in the notice.
b. Complete performance of such pa( of the work that has not been terminated by the
Department, if any
c. Take such aclion as may be necessary, or as the Department may speciFy, to protect and
preserve any property which is in the possession and custody of the Grantee, and in which
the Department has or may acquire an inlerest.
d. Transfer, assign, and make available to the Department all property and materials
belonging to the Departrrent upon the eFfective date of termination of this Agreement. No
extra compensation will be paid to the Granlee for its services in connection with such
transfer or assignment.
P. Dis pute Resolution
Disputes concerning performance urder lh s Agreement will be decided by the Department, who
shall reduce the decision to writing and serve a copy to the Grantee.
O. Unauthorized Use
1. The Grantee sha I fully defend and hold harmless the State and the Department from any
suits, actions, damages, and costs o, every name and description, including attorneys fees,
arising from or relating to violatton or infringement of a trademark copyright, patent. trade
secret, or intellectual property right prov ded. however, that the foregoing obligation shall not
apply to the Oepartment's misuse or modification of the Grantee's Products or the
Department's operation or use of the Grantee s products in a rnanner not contemplated by
the Agreement. The Department will not be liable for any royatties.
2 TheGranteeshall not be liable for any cosl, expense, or compromise incurred or made by the
state or the Department ln any legal action without the Grantee's prior written consent, which
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Page 2627 of 4096
shall not be unreasonably withheld. The State and the Departmenl shall have the right, at its
own cost and expense, to participate in all actions under this Section O
3. For the avoidance of doubt, as the Grantee is a subdivision. as deflned in section 768 28(2)
'
F.S., pursuant to section 768,28(19) F.S., neither Paf(y indemnifies nor insures or assumes
any liability to the other Party for the other Party's negligence Notwithstanding anything to
the contrary in this sect on o.. liability of either Party for tod claims is limited to the amounts
prescribed in soction 768.28, F.S.. plus the Party's reasonable attorneys'fees.
R. Limitation of Lia bility:
1. Unless otheMise spec flcally enumerated in this Agreement. no Party shall be liable to the
other Party for special, indirect, punitive. or consequenttal damages. including lost data or
records (unless this Agreement requlres the Grantee to back^up data or records), even if the
Party has been advised that such damages are possible. No Party shall be liable to the other
Party for lost profits, lost revenue, or lost nstitutronal operating savings. The State and the
Department may, in addition to other remedies available to them at law or ln equity and upon
notice to the Grantee, retain such monies from amounts due the Grantee as may be necessary
to satisfy any claim for damages, penalties, costs, and the like asserled by or against them.
Except as otheMise provlded an this Agreement or the Data Sharing Agreement or ils
attachments or Riders, the Department is not liable lor unauthorized access to information
except as directly attributable to the actions of the Department For a I claims against G rantee
under this Agreement, and €gardless of the basis on which the claim is made. Grantee's
tiability under this Agreement for direct damages shall be lrmited to the dollar value ol this
Agreement This limitation shall nol apply to claims arising under Section O. of this Agreement.
2. Pursuant to Section 200 of the 2o?4-2O25 General Appropriations Act, the Stat€ is hereby
released lrom all liability related to cybersecurity incidents impacting the Grante6.
S. Force Majeu re and Notice of Delay f rom Force lllajeu re:
Neither Party shall be liable to the other for any delay or fatlure to perform under this Agreement
if such delay or failure is ne her the fault nor caused by the negl gence of the Party or lts
employees or agenls and the delay is due directly to acts of God, wars, acts of public enemies,
strikes, fires, floods, or other similar cause whol y beyond the Party's control. or for any of the
forego ng that atfects subrecipients. contraclors, or suppliers if no alternate source of supply is
available. However, in the event a delay arises from the foregoing causes, the Party shall take
all reasonable measures lo mitigate any and al resulting damages, costs, delays, or disrupt ons
to the proiect in accordance with the Party's performance requirements under this Agreement.
ln the case of any delay lhe Grantee believes is excusable under this sectlon, the Grantee shal
provide written notice to the Department describing the delay or potential delay and the cause of
the delay within. te. ('10) calendar days after the cause that creates or will create the delay first
arose (if the Granlee could reasonably foresee that a delay could occur as a result). or five (5)
calendar days aner the date the Grantee first had reason to b€lieve that a delay could result (if
the delay is not reasonably foreseeable). THE FOREGOING SHALL CONSTITUTE THE
Page 13 of 37
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Page 2628 of 4096
GRANTEE'S SoLE REMEDY OR EXCUSE WITH RESPECT To DELAY. Providing notice in
slrict accordance with this section is a condition precedent to such remedy.
The Department, in its sole discretion, will datermine if the delay is excusable under this section
and wili notify the Grantee of its decision in writing. The Grantee shall not assert a c aim for
damages, other than for an exlension of time, against the Department. The Grantee will not be
entitlea to an increase in tha Agreernent price or payment of any kind from the Department for
any reason. lf performance is suspended or delayed, in whole or in part, due to any of the causes
describ€d in this section after the causes have ceased to exist, the Grantee Shall resume
performance, unless the Department determines, in ils sole discretion, that the delay will
significantly impair the ability of the Grantee to timely complete its obligations under this
Agreement, in which case, the Department may terminate this Agreement in whole or in part.
T. Mandatory Disclosure Requirements:
'1 . Convicled Vendor List. The Grantee has a continuous duty to disclose to the Department if
the Grantee or any of its affiliates, as defined by section 287.133(1)(a)' F S , are placed on
the convicted vendor list. Pursuant to section 287.133(2)(a), F.S.: "A person or affiliate who
has been placed on the convicted vendor list fo lowlng a conviction for a public entity crime
may not submit a bid proposal, or reply on a contract to provide any goods or serv ces to a
public entity: may not submit a bid, proposal, or reply on e conlract with a public entity for the
construction or repair of a public building or p!blic work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
conlraclor, supplier, subcontractor, or consultant under a contract with any pubiic entity; and
may not transact business with any public entity in excess of the threshold amount provided
in s. 287.017, F.S.. for CATEGORY TWO for a period of 36 months following the date of being
placed on the convicted vendor list."
2. Discriminatorv Vendor List. The Grantee has a continuous duty to disclose to the Department
if the Grantee or any of its affiliates, as defined by section 287.1 34( 1)(a). F.S., are placed on
the discriminatory vendor I st. Pursuant to section 287.134(2)(a), F.S.: "An entity or affiliate
who has be€n placed on the discrimrnatory vendor llst may not submit a bid, proposal, or reply
on a contract to provide any goods or services to a public enlityi may not submt a bid,
proposal, or reply on a contract with a public entity for the conslruction or repa r of a public
building or public work; may not submrt bids, proposals, or replies on leases of real proPerty
to a public entityi may not be awarded ol perform work as a contractor, suPplier.
subcontractor, or consultant under a contract wilh any public entlty, and may not transact
business with any publ c entity.'
3. Antitrust V olator Vendor List. The Grantee has a continuous duty to disclose to the
Depadment if the Grantee or any of its affilrat€s, as defined by section 287.137(1)(a) F.S.,
are placed on the antitrust violator vendor list. Pursuant to section 287,137(2)(a), F.S : "A
person or an effiliate who has been placed on the antitrust violator vendor list following a
conviction or being held civilly liable for an anlitrust violalion may not submit a bid, proposal,
or rep y for any new contract to provide any goods or services to a public entity; may not submit
a bid, proposal, or reply for a new contract wlh a public entity for the construction or repair of
a pub ic building or public work: may not submit a b d, proposal. or rep y on new leases of real
Page 14 o{ 37
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Page 2629 of 4096
property to a public entityl mey not be awarded or perform work as a contractor. supplier,
subcontractor, or consultant under a new contract with a public entity: and may not transact
new business with a public entity."
4. FlfeiC0--Giflsjnd-Con$ac1s. The Grantee shall comply with any applicable disclosure
requirements in section 286.101, F.S. Pursuant to section 268.101(7), F S.: "ln addition to
any fne assessed under [section 2S6.101(7)(a), F.S.], a final order determining a lhird or
subsequent violation by an entity olher than a state agency or political subdivision shall
automatically disqualify the entity trom eligibility for any grant or contract funded by a state
agency or any political subdivision until such ineligibility is lifted by the Administration
Commission for good cause."
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Page 2630 of 4096
I ,By
lN WITNESS WHEREOF, the Parties agree to the terms and conditions of this Agreement and have duly
authorized their respective representatives to sign it on the dates indicated below.
Collier unty Public Safety Department: Department of Managemont Services:
By
Name
A-y atterson Namel
Tifle County Manager T tLE
Date L L Dale:
ad lcgality
Jeftcy rL counry Attomsy
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Ult (
Page 2631 of 4096
ATTACHMENT A
SOLUTION STATEMENT OF WORK
l. Scope of Work.
Pursuaflt to section zao, FY 24-25 General Appfopriations Act (GAA), the Parties agree thal the
Department shall, on behall of the Grantee, expend funds for the provision of services, licenses. or
commodities awarded to the Grantee to be utilized for the development and enhancement of
cybersecurity risk management programs. The Grantee is being granted assistance in the lorm of
services, licenses or commod tles to enhance its cybersecur ty framework. to identify and mitigate
risks, and to protect its infrastructure from threats through F orida's Local Government Cybersecurity
Grant Program (the "Project").
Capabllity Type
External-Facrng Asset Discovery Palo Alto Networks Xpanse
TaniumEndpoint-Based Assel Discovery (Agent)
Network-Based Asset Discovery (Agentless)Armls Centrlx
Endpoint Detection and Response SentinelOne
SecLrrity Operatrons P atform Re,raquest G reyNl atter
Note: The Department will make its best effoft to award the Grantee's preferred solution p€r capability.
However. the Departrnent can only contract for a limited number of solutlons based on best value,
technical acceptability, end operational volume.
3. Grantee Res ponsibilities.
The Grantee shall complete the Prolect in accordence with the requirements set forth in this
Agreement and any applicable local, Stale, and federal laws and regulations. The Grantee is solely
responsible for ensuring that any provlded solutions are compl ant with applacable state and federal
laws and regulations based on Grantee's intended use, including, but not llmited to, Health lnsurance
Portability and Accountability Act, Family Educationat Rights and Privacy Act, Driver Privacy
Protection Act, and General Data Protectaon Regulation
4. Department Respons ibilities.
The Department shall revie\M Grantee reports and other records and reconcile them to ensure that
the requirernents of section 215.971 F S., pertaining to agreements funded with State financial
assistance are fulfilled
5. Oeliverables
The Granlee shall complate the following deliverable(s)
Performance Measures and Due DatesNo.Tasks
Deliverables
PaBe 17 of 37
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2. AwardedCapabilities.
The Departrrent shall otfer one ('l) or more solutlons to the Grantee tor the following capabilities:
Platform
Page 2632 of 4096
Execute this Grant Agreement
Participate in a kick-off meeting w th
FLtDSI and the solution provider, if
imp ementatron is required
Approve Final lmplementation Plan(s)
for solutions awarded, if
implementation is required.
Complete all tasks in accordance with
the Fina lmplementation P an(s), f
rrn entatron is required
5 Notify the Department's Grant
The Grantee must execute lhe GrantAgreement
within 30 calendar days of award.
The Grantee shall padicipate n the kick-off
meeting with FL[DS] and the solutaon provider
w thrn fve (5) calendar days of Purchase Order
(PO
2
3
4
The rantee must coordinate with the solution
provide(s) to review the lmplementation
Plan(s)
lf the Grantee ohooses to proceed with a
solution, the Grantee must approve the Final
lmplementalion Plan within 15 calendar days of
PO issu ance.
The Grantee shall provide all necessary
resources to execute tasks assigned to the
Grantee in the Final lmplementation Plan S
Iranager of
completion Per
lmplementation
rm lementation s
implementation
the Final
Plan, if
uired.
The Grantee shall notify the Department's Grant
Manager in writing with n 10 calendar days of
implementatlon completion.
6 The Grantee shall respond within seven (7)
calendar days of any request from FLIDSI.
6. Re portin g Requirements
The Department may request status meetings for the Grantee to report on the implementat on,
service, training, or support status, as necessary with the Grantee's Grant Manager.
The Department rray, al its sole discretion, develop a format and deadlines the Grantee must comp y
with when reportrng the information above. The Grantee's failure lo confLrm completion of the Final
lmplementation Plan(s) or comply with the reporting format and schedule may resu t in termination of
the awarded solut ons.
The Granlee shall timely perform all tasks and provide deliverables as set forth in this Agreement.
The Department is enttled at all times, upon request, to be advised as to the status of work being
done by the Grantee, on behalf of the grantee, and the details thereof.
lf the D€partment determines that there rs a performance deficlency that requires correction by the
Grantee, then the Department sha notify the Grantee. The Granlee shall make the correction within
a trmeframe specified by the Department. The Grantee shall provide the Department with a corrective
acton plan describing how the Grantee wll address all performance defciencies dentifled by the
Department If the corrective action p an is unacceptable to, or rmplementation of the plan fails to
remedy the performance deticiencies, the Grantee shall work cooperatively w th the Oepartment to
modlfy the corrective act,on plan or to remedy the deflciencies. Additionally if a performance
deficiency is attributable to the pedormance o[ a contractor or subcontractor of the Grantee, the
Provide FL[DS] with any information
related to this Agreement as
te DSuestedFL
Page 18 of 37
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1
tssuance
7. Perform a nce Standards.
Page 2633 of 4096
Grantee shall tak€ all actions available to it to enforce financial consequences ln its confact with the
contractor or subcontraclor or to pursue damages.
8. Flnanctal Conrequenccr fo. Fsllute to Tlmsly and Satlofaciorily Perform.
Violations of this Agreement or applicable lrcenses, or failure to provide the deliverables, may resuh,
except as detailed above, in termination of access to awarded solutjons and require immediale
removal of all softlvaro, hardware, or related services, Grante€ may be subiect to llnancial
assessment! related lo such Yiolations.
Thig provision ior financial consequenceG shall not affect the Department's right to terminato the
Agreement 8s provided €lsa/rhere in the Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Page 2634 of 4096
ATTACHMENT B
AUDIT REQUIREMENTS FOR AWAROS OF STATE AND FEDERAL FINANCIAL ASSISTANCE
Department ol Irinancial Serviccs
Ditision of .4ccountitry <nl .luditin:.'.- llxt'c.tu ! ,ltklilittt!
At DI R[Ol tRl;\tlltS FOR A\,\RDS()F
Sr,\'t I' A\D F[,D[tr,\L Ft\A\(:1.\l- Assls'l]t]( E
The administration ol resources awarded by the Department of lVanagement Services
(Department) to the Grantee may be subiect to audits and/or monitoring by the Department, as
described 1n this section.
MoNlToRtNG
ln 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 AuDlrS below)
monitoring procedures may include, bul not be limited to, on-srte visits by Deparlment staff, limited
scope audits as defined by 2 CFR 5200.425. or other procedures. By entering into this
agreernent, the Grantee agrees to comply and cooperate with any monitoring procedures or
processes deemed appropriate by the Department. ln the event the Department determines that
a limited scope audrt 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 comp y and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief F nancial Officer (CFO) or Auditor General
AUoITS
Part l: Federally Funded
This part is applicable il the Grantee ls a state or local government or a nonprofit organazatron as
defined in 2 CFR 5200.90, 5200.64, and 5200.70.
1. A Grantee that expends $1,000,000 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 - Audil Requirements. ExF|BrT '1 to this form lists the federal resources awarded
through the Department by this agreement. ln determrning the federal arflards expended in
ts fiscal year, the Grantee shall consider all sources of federal awards, including federal
resources rece ved {rom the Department. The determination of amounts of federal awards
expended should be in accordance with the guideLines established n 2 CFR S$200.502-
503. An audit of the Grantee conducted by the Aud 1or General in accordance with the
provlsions of 2 CFR S200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part l, paragraph 1 the Grantee shall fufl the
requirements re ative to auditee responsibilities as provided in 2 CFR SS200.508-512.
3. A Granlee that expends less than $1,000,000 in federal awards in its fiscal year is not
required to have an audlt conducted in accordance with the provisions of 2 CFR 200, Subpart
F - Audit Requirements. lf the Grantee exp€nds less lhen $1,000,000 in federal awards in
its fscal year and elects to have an audit conducted in accordance with the provisions of 2
CFR 200, Subpart F - Audrt Requlrements, the cosl ofthe audit must be paid from non-federal
resources (1.e., the cost of such an audit must be pald from Grantee resources obtained from
other than federal entities).
Part ll: State Funded
1. ln the event that the Grantee expends a total amount o, state financial assistance equal to or
in excess of $750,000 in any liscal year of such Grantee (for fiscal years ending June 30,
PaBe 20 of 37
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RUle 691-5.006, [.A.C
Page-l-
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Page 2635 of 4096
AI.IDIT RE()ulREMt.NTs l"oll Aw^RDs ot
STATt, AND FEDERAL FINANCIAL ASSIS.I AN(.Ii
?017, and thereafter), the Grantee must have a state single or pfoject-specific audit for such
tiscal 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. ExH{Brr1 to this form
llsts the stato financial assistance av/arded through the Department this agreement, In
determining the state financial asslstance expended ln its fiscal year,'the Grantee shall
consider all sources of state financial assrslance, including stale frnancial assistance
received fiom the Department. other state agencies, and other nonstate entitiss. State
financial assistance does not include federal dlrect or pass-through awards and resources
received by a nonstate entity for federal program matching requirements.
2. For the audit requirements addressed in Part ll. paragraph 1, the Grantee shall ensure that
the audit complies with the raquilements of section 215.97(8), F.S. This includes submission
of a flnancial reporting package as deflned 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- lf the Grantee expends less than $750,000 in state financial assistance in its flscal year (for
fiscal years ending June 30. 2017, and thereaRer). an audit conducted in accordance wlth
the provisions of section 21597, F.S. is not required. lf the Grantee expends less than
9750,000 in state financial assistance in its fiscal year and elects to have an audit conductec
in accordance with the provisions of section 215 97, F.S., the cosl ot the audit must be Paid
from the nonstate entity's resources (i.e..the cost ol such an aldit must be paid from the
Grantee's resources obtained from other than state entities).
Part lll: Other Audit Requlremonts
N/A
Part lV: Report Submis3lon
1. Copies of reporting packages for audits conducted in accordance wltn 2 CFR 200, Subpart
F - Audit Requirements, and required by Part I of this form shall be submitted, when
required by 2 CFR 5200.512, by or on behalf of the Grantee directly 10 the Federal Audit
Clearinghouse (FAC) as provided in 2 CFR 5200.36 and 5200.512.
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 FAC and data enlry system
may be found at the OMB website.
2. Copies of financial reporting packages required by Part ll of this Jorm shail be submitted by
or on behalf of the Grantee ![!eCW to each of the following:
a The Department at each of the following addresses:
Electron ic copies (preferred) | Qg)('&s-t:i[]lttyg-t?rtJ-s.jodqrlal -fl gov
or
PaEe 21of 37
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Rev. llr 18
Rule 691-5.006. t.A.C
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Page 2636 of 4096
Paper copies:
Procurement & Grants Administrator
Florida Digital Service
Department of Management Services
2555 Shumard oaks Blvd, Suite 200
Tallahassee, Florida 32399
b. The Auditor General s Office at the following address
Aud tor General
Local Government Audits/342
Claude Pepper Buildrng, Room 401
111 West Madison Street
Tallahassee. Florida 32399- l450
The Auditor General's website (irltpr/ildtrCilol govl) providas instluctlons for filing
an electronic copy of a fnancial reporting package.
3. Any reports, management letters, or oth€r information required to be submitted to the
Departmenl pursuant to this agreement shall be submitt8d timely in accordance with 2 CFR
S200.512, section 215.97, F.S, and Chapters 10.550 (local governmental entities) and
10.650 (nonprofit and for-profit organizations), Rules of the Auditor Genera , as applicable
4. Grantees, when submitting financial reporting packages to the Department for audits done
in accordance wlth 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
Audrtor General, should indicate the date that the reporting package was delivered to the
Grantee in correspondence accompanying the reporting package.
Page 22 of 37
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Rule 691-5.006, F A.C
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AUDIT RaQi.]IREVENTS FoR AWARDS OF
S.IA II.
^ND
FEI)hR^I FIN NCIAL ASSISI.ANCE,
Part V: Record Retention
The Grantee shall retain sufficient records demonslrating 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 ils designee, the CFO, or Auditor General access to such
records upon request. TheGranteeshall ensure that aud t working papers are made ava lable 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 reporl is issued, unless extended in writing by the Department.
Page 2637 of 4096
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAI- ASSISTANCE
ExHrsrr 1
Federal Resourcss Awarded to the Grantee
Purcuant to this Agreement Consist of the Following:
1. Federal Program A:
N/A
2. Fede.al Program B:
N/A
Comptiance Requirements Applicable to the Federal Resources
Awarded Pursuant to thi3 Agreement ale as Follows:
1. Fedoral Program A:
N/A
2. Fede,al Program B:
N/A
State Resources Awatded to the Grantee
Pu,suant to this Agreement Conelst of the Following:
Matching Re3ources for Federal Programs:
1. Federal Program A:
N/A
2. Fedetal Program B:
N/A
Subject to Section 215.97, F.S.:
1. State Projecl A: Local Government Cybersecurity Grant
State Awarding Agenry: Florida Department of Management Services
Catalog of State Financial Asslstance Title and Number: aQl!
Amount: $_
2. State Project B;
N/A
Compliance Requlrements Appllcable to State ResourceB Awarded
Pursuant to this Agreement Are as Follows:
The compliance requirements are as stated in Grant Agreement No. DMS-2412'430 between lhe
Grantee and lhe Department, entered in State Fiscal Year 2024-25.
Page 23 of 37
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Pase -,1-
Page 2638 of 4096
ATTACHMENT C
GRANTEE DATA SHARING AGREEMENT
P u roos es
Grantee desires to utilize software licenses, applications, and solutions as apPlicab e, in connection with
the attached Exhibit A - Cybersecurity lncident Response Rider and Exhibit B - Solution Rider,
incorporaled herein. This DSA describes the terms and conditions for the use of software licenses.
applications, and solutions and protection of Covered Data, including requirements to safeguard the
availability, Gonfldentiality, and integrity of Covered Data in furlherance of the security objectives of
Chapter 282, F.S.
l. Definitions
A. Access - The authorization to inspect review, transmit, duplicate, communlcate with, retrieve
data from, or otherwise make use of any Covered Data, regardless of type, form, or nature of
storage. "Access" to a computer systern or network includes local and remote access, as
aPplic€ble.
B. Authorized Purpose - The purpose(s) for which an Authorized Third Party may access, use, or
disclose the Covered Data.
C Authorized Third Party - An individual, state agency, other Florida state or local governmental
entity, or a private sector contractor or service provider of the Grantee which receives Covered
Data.
D. Authorized User - An individual granted Access or to use Software Entitlement by e ther FL[DS]
or Grantee.
E County and l\4un cipality Cybersecurity Technical Assistance Program ("the Program') - refers to
lhe grant program established by the 2024-2025 General Appropriations Act to enhance county
and municipal cybersecurity and protect the infrastructure of local governments from threats
F. Covered Data - The limited subset of security data that is derived from Grantee s use of any
Software Entitlements as defined in the attached Ride(s)i a Grantee's confidential or proprietary
information; and persona information as defined under section 501.171, FS.. and any other
applicable privacy or dala breach notification laws as may exist
I HIPAA - Heallh lnsurance Portability and Accountability Acl of 1996
J. lnformatron Technology (lT) Coordinators - The individua s appointed by the signatorles to this
DSA as responsible for data flow and other tech nology-related considerations under this DSA.
K, lnformation Technology Resources - As defned in section 282,0041, Florida Statutes the data
processing hardware and software and services, communlcalions, supplies, personnel facility
Page 24 of 37
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c. Data Breach - Eitner (1) any unauthorized access to. or use or diselosure of, Covered Data for
any purpose other than as expressly permitted by this DSA or required by law, or (2) a breach of
privacy or of the security of the Covered Data. Good faith access of data by an employee or agent
of the Grantee does not constitute a breach of securily, provided that the information is not used
for a purpose unrelated to the business or subject to further unauthorized use.
H. DSA Coordinators - The individuals appo nted by the signatories to this DSA as the point of
contact for this DSA, who are responsible for ensuring that the Authorized Users comply with the
activities identified herein
Page 2639 of 4096
resources, maintenance. and training. As used in this DSA. the term also includes the delinition
for ,,lnformatjon Technology," as defined in section 282.A041 Florida Statutes, to add equipment,
hardwafe, software, firmware, programs, systems, networks nfrastruclure, media, and related
malerial used to automatically, electronically, and wirelessly collecl, recejve, access, transmit,
display, store, record, retrieve, analyze, evaluate. process classify. manrpulate. manage,
assimilate, control, communicate exchange, convert. converge intedace, switch, or dissem nate
informabon of any kind or form.
L. Software Entitlement - Proprietary software provided to the Grantee under the Agreement to
satisfy provision of the solution(s) awa rded to the G rantee, as identif ed in Attachment A - Solution
Slatement of Work.
ll. Res pons ibillties of the Parties
A Data Transmission Covered Data shal only be transmltted through secure file transfer protocol
or other secure transm sslon methods utilizing a National lnstitute of Standards and Technology
approved means of electronic encryption as well as password protection and in a lile format and
layout determined by FL[DS]. Covered Dala shall not be transmitted via any other means,
including electronic mai . lf applicable to any transmission of the Covered Data, both transmitting
and receiving Grantee shall completely and permanently remove Covered Data from any
temporary transfer location within twenty-four (24) hours of receipt of the Covered Data.
B. Compliance with Applicable Laws. Each Party covenants and agrees that, in the performance
of this DSA. it shall comply with all applicable federal. state, a.rd local laws, statutes, and
regulations including, but not limited to such aws set lorth in Artlcle Vl as applicable to a Proiect
and such other dala privacy or security aws, all as they exist now and as they may be amended
from lime to time ("Applicable Laws'). ln the event of any notice of a material violation of
App icable Laws, or an investigation into an alleged materlal violation, the affected Party sha I
promptly notify the olher in writiog of such notice.
The Parties further agree to follow and be bound by the terms and condrtions of any po icy
decistons or directives from the federal and state agencies with .lurisdiction over the use of the
data described herein upon receipt of written notice directing that such rules, policy decislons, or
directives apply to this DSA.
C HIPAA Business Associate Agreement. To the extent that a Party is acting as a Business
Associate (as defined by HIPAA) of the olher Party, the Parties further agree to enter into a
Business Associate Agreement as necessary, in the form ol a mutually agreed-upon appendix to
the DSA.
D. lncorporation and Compllance with Exhibits, Appendices and Riders, if Applicable. The
Project Riders, and any exhibits or appendices to this DSA are hereby incorporated and made a
part hereof and are an lntegral part of this DSA. Each Rrder, Exhibit, and Appendix attached
hereto or referred to herein are hereby incorporaled in and made a part of this DSA as if set forth
in full herein.
lll. FLlosl Role and Res ponsibilities
A. FL[DS] is responsible for:
Page 25 of 37
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'1 . Processing Covered Data in accordance with the State Cybersecurily Act.
Page 2640 of 4096
2. Facititating data sharing with the Grantee and/or an Authorized Third Party in accordance with
this DSA:
3. Providing the Grantee with the option to utilize Software Entitlementsl and
4. Protecting the integrity of Covered Data obtained by FL[DS] through Grantee's use of any of
the Software Entitlements. FLIDS] wil not disclose this Covered Data to any third parly unless
required by law or as olherwise authorized by Grantee.
B. FLtDSI will only access, use, or disclose Covered Data, as permitted by Grantee. as required by
Applicable Law or as necessary for completion of its responsibilitaes under this DSA, including
any Project Rders. FLIDSl will ensure that ]ts Authorized Users ony access, use or drscose
Covered Data, as permitted by Grartee, as required by Appllcable Law, or as necessary for
comp etion of ts responsibilities for any Prolects, as ass gned by Fl-[DS]
c. FLIDSI will exercise reasonable care and no less than the same degree of care FLIDSI uses to
protect ts own confidential informaton to prevent confidential inlormation from being used in a
manner that is not expressly a purpose authorized in this DSA or as required by Appl cable Law.
lV. crantee's Role and Respons ibilities
A. Covered Data is and shall remain the property of Grantee
B. Grantee is solely responsible for its Access to and use of Software Entitlements and Covered
Data, including:
1. Ensuring a level of security appropraate to the risk in respect of Covered Datal
2. Securing Grantee's and its Authorized Users' systems and devices that can Access FL[DS]
systems and Software Entitlements and complying with the Security Standards;
3. Selecting andlor ensuring that Grantee has selected its Authorized Users; activating and
deactivating the Access, credentials, and privileges of its Authonzed Users: and managing
access conlro s to the FL[DS] system and Software Entrtlements in a timely manner in
accordance with the Security Standardsi
4. Securing the account authentication credentials, systems, and devices of Grantee personnel
who the Grantee designates to be Authorized Users;
5. Managing the compliance of its Authorized Users with the Grantee's establ shed security
measures and as required by Applicable Law;
6. Maintalning audit logs, as deemed necessary by the Grantee to demonstrate compliance wrlh
its obligations under this DSA;
7. Backlng up Covered Data, if required by law or Grantee policy; and
L Ensuring that it and its Authorized Users remain in compliance with the terms and conditions
of any Software Entrtlements.
C. FL[DS] is not responsible for, and has no obligation lor:
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Page 2641 of 4096
,1 . Selecting or verifying Grantee's Authorized users, activating or deactivating the Access or
credentials of Authorized Users, or
2. Protecting covered Data that Grantee eiects to store or lransfer outside oi FL[DSls and its
sub processors' systems (for exarnple, offline or on-premises storage)
v. Una uthorized Oisclosure/Oata Breach
A. tn the event of a Data Breach of the Covered Data while in Grantee's (or an Authorized Third
Party's) custody or conhol or as a result of Grantee's (or an Authorrzed Third Party's) access to
or use of the Covered Data, which requires the provision of notice in accordance with section
501.171, F.S., or other Appl cable Law (including, but not limited to, HIPAA), the Parties agree as
follows:
1. Grafltee shall notiry FL[DS] of the Data Breach not more than 24 hours after discovery that a
Data Breach has occurred or is reasonably lkely to have occurred
2. Grantee (or its Authorized Third Party) shall be responsible for all costs related to the Data
Breach including FLIDSI' and/ot Grantee's (or an Authorized Third Party s) costs of complying
with all legal reguirements, including the requirements for Data Breach not fication under
Appiicable Law, as well as defending any claims, actions, or lawsuits related thereto
3lfaDataBreachissubjecttothenoticeprovisionsolsection50l.lTl,F.S,orApplicable
Law, the Parties agree to cooperate and work together to ensure full legal compliance and to
provide breach notifcation to the extent required by Applicable Law. Grantee shall use its
best and diligent efforls to identify the individuals entitled to receive notice of the Data Breach
and obtain the names and rnarling information of such individuals, so that FL[DS] and/or
Granlee are able to distribute the not ces within the legally required time periods FL[DSl
and/or Grantee, as applicable shall bear lts internai administrative and other costs incurred
in ident fying the affected individuals and their mailing informatioF.
4 In the event of a Data Breach, including the privacy or security of the Covered Data, while in
the custody or control of the Granlee, if the Grantee must provide notice as a result of the
requirements contained in section 501.17'1 F.S., or other Applicabl€ Law, the Glantee shall
submit a drafl olthe notice to FL[DS] for prior review and approval ofthe contents of the notice,
prior to disseminating the notice Such approval shall not be unreasonably delayed or
wrthheld.
B. lf Grantee experiences a breach of the security ot lts systems that results in a breach of the
security of FL[OS]'ssystems ('FL[DS] Breach"), Granteeshall be respons ble for all costs related
to the FLIDSI Breach including FLIDSI'S costs ol complying with a I legal reguirements, inc ud ng
any costs for data breach notiJication under section 50'1.171, F.S.. or Applicable Law, as well as
defending any claims, actions, or lawsuits against the FL[DS] relaled thereto. Grantee, at its own
expense, shall cooperate fully with FLtDSI in the investigation, eradication, remediation, and
recovery from the FL[DS] Breach.
C. lf F L[DSI experiences a breach of the security of its systems that resu lls in a breach of the security
of Grantee s systems ("Grantee Breach"), FLIDS] shall be responsrble for all costs related to the
Grantee Breach inc uding Grantee's costs of complying with all legal requiremenls, including the
requirements for daia breach notification under section 501.171. F.S orApplcable Law, aswell
as defending any claims, actions or lawsuits related thereto. FL[DS], at its own expense shall
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cooperate ful y with Grantee in the nvestigation, eradication. remediation, and recovery from the
Grantee Ereach.
D. lfeitherFLIDSI or G rantee is obligated under this Section to pay costs incurred by theother Party
the Party required to pay such costs shall submit a drafl of the legal notifications and other public
cornmunications to the other Party for prompt review and approval of the contents prior to
disseminating the notification or communicaton. Such approval shall not be unreasonably
delayed or withheld.
E. The Parties understand and agree the provisions of this DSA relating to the protection and securlty
of the Covered Data conslitute a material condition of this DSA This Arlicle V. Unauthorized
Disclosure/Data Breach is subject to Sections O. and R. of the Agreement.
Vl. Additional Terms Applicable to Certain Citcumstances.
A. Grantee is responsible for their Covered Data and entering nto any required additional
agreements related thereto. Grantee shall provide the FL[DS] DSA Coordinatorwilh wlitten notice
prior to granting Access to any of the data types listed in subsections B-E, below, to FL[DS] or
Software Entitlements. ln the event of a conflict between the terms and conditions of this Article
Vl and the remainder of theDSA the terms and cond itions of Artrcle Vl shall control. Moreover, a
Pro.ject may include the use of informalion described in more than one (1) of the provisaons set
forth in this Article Vi, or t may include the use of information not described in this Art cle Vl ln
the event of a conllict between or among the terms and conditions of Subsections B, C, D or E of
this Arlicle Vl, the more restrictive terms and conditions shall apply unless otherwise provided by
Applicable Law or guidance by the applicable regulatory enforcement agenc es or bodies.
8. CJIS. The terms and conditions of this Article Vl. B. apply when Covered Data involved in a Project
includes criminal justice information.
1. CJIS Covered Data. Covered Data may also include. but shall nol be limited to, CJIS Covered
Data. For purposes of this DSA, CJIS Covered Data shall mean criminal justice information
lhat is provlded by the Federal Bureau of lnvestigation (FBl) Criminal Justice lnformation
Servlces (CJIS) system and that is necessary for law enforcement and civil agencies to
perform lheir missions, including, but not limited 10, biometric, identity history, b ographic,
property, and case/incident history data.
2. Disclosure of CJIS Covered Data. The disclosure of CJIS Covered Data under the DSA. as
modifed by this section, is governed by the CJIS Security Policy, available at
http.s:/iwww.fbi.govlservices/cjis/ciis-securitv-oolicy-resource-center. ln accordance with the
CJIS Security Policy and 28 CFR Pan 20, use of the CJIS system under the DSA is restricted
lo: deteclion, apprehension. detentjon, pretrial release, post-trial release, prosecution.
adjudication correclional supervision, rehabilitation of accused persons or criminal oflenders,
and olher legally authorized purposes.
3. Training The Parties agree to work together to provide Authorized Users with confidentiality
privacy, and security training regarding access, use, and disclosure requirements for the CJIS
Covered Data under the CJIS Security Policy.
4. Aqqess Requirements Unique authorization is required for Access to the CJIS Covered Data
and musl be properly authenticated and recorded for audit purposes, including CJIS security
and other applicable audit requirements.
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C. HIpAA and State Protected Health lnformation. The terms and conditions of this Article Vl C
apply when Covered Data involved in a Project includes protected health information (PH ) and
such other sensitive health information, the disclosure of which may be I m ted or restr cted by
aw, lncludrng, bul not llm[ed to, mental health and drug and alcoho related information
PHI Covered Data. Covered Oata may also include, but shall not be lmited 1o, PHI Covered
Data. For purposes of this DSA, 'PHl Covered Data" shall mean "protected health information"
or ''PHl," as such term is defined by HIPAA. PHI shall include, but shall not be limited to any
other rnedical or health-related information that is atforded greater protectlon under more
restrictive federal or state law, including, but not limited to, the Substance Abuse and Mental
Health Services Act (SAMSHA), located at 42 C.F.R. Part 2, the Florida Mental Health Act
(the Baker Ac0, located al Fla. Stat. S 3S4.451 - 394.47892. and the Hal S. hilarchman Alcohol
and Other Drug Services Act located at Fla. Stat. $ 397.30'l et seq.
2. Disclosure of PHI Covered Data. The disclosure of PHI Covered Data under the DSA, as
modified by this Article C, is governed by HiPAA and more restrictive federal or stale law, as
applicable. Accordingly, the disclosure oI PHI Covered Data under the DSA is permitted only
with the consent of the individual who is the subject ol the PHI Covered Data, by court order
that meets tha requirements of applicable law. and for other purposes as permitted by
Applicable Law.
3. Business Associale Agreement. To the extent that FL[DS] is a "Buslness Associate' of
Grantee, as such term is defined under HIPAA. the Parties agree to enter into a mutual y
agreeable Business Associate Agreement.
4. Train ng. The Parties agree to work together to provlde Authorized Users with confidentlalrty,
privacy and security training regarding access, use. and disclosure requirements for the PHI
Covered Data under HIPAA and more restrictive federal or s'tate aw. to the extent applicab e.
5. Access Reouirements. Un que authorization is required for Access and rnust be properly
authenticaled and recorded for aud I purposes, including HIPAA audit requirements and other
audit requirements under more restr ctrve federal or slate law, to the extent applicabLe.
D. FERPA. The terms and condlt ons of this Article Vi, D. apply when Covered Data includes s'tudent
education records as defined by the Family Educational Rights and Privacy Act, 20 USC S12329,
and its implementing regu ations set forth at 34 CFR Part 99 (collectively, 'FERPA)
1. FERPA Covered Data. Covered Data may also include, but shall not be limited to, FERPA
Covered Data. For purposes of this DSA, "FERPA Covered Data' shall mean studeni
education records as defined by FERPA
2. Disclosure of FERPA Covered Data. The disclosure ot FERPA Covered Oata under the DSA,
as modified by this section. is governed by FERPA. Accordrngly, the disclosure of FERPA
Covered Data under the DSA is permitted with parent or eligible student consent and, without
such consent, in the following circumstances: (i) to school otflcials with legitimate educational
interest; (ii) to other schools to which a student is transferringi (iii) to specifled officials for
audit or evaluation purposes; (iv) to appropriate parties in connection with financiai aid to a
student; (v) to organ zations conducling certain studies for or on behalf of the school; (vi) to
accrediting organizations, (vii) to comply with a judrcial order or lavvfully issued subpoena;
(viii) to appropriate officials in cases of health and safety emergencies: (ix) to state and local
authorities. wnhin a luvenile justice system, pursuant to specific state law; and (x) as otherwise
provided by FERPA.
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3. Training. Tha Part es agree to work togother to provide Aulhorized Users with confldentiaiity,
privacy, and security training regarding access, use. and drsclosure requiremenls for the
FERPA Covered Data under FERPA.
4. Access Reouirements. Unique authorization s required for Access and must be properly
authenticated and recorded for audit purposes, including FERPA and any other appllcable
audit requirements.
DPPA Covered Data. For purposes of lhe DSA, Covered Data may include. but shall not be
limited to, DPPA Covered Data. For purposes of this DSA, "DPPA Covered Data" shall rnean
motor vehicle information as set forth in the Driver Prvacy Proteclion Act, 18 U.S.C. S 2721
('DPPA).
2. DiscLosure of DPPA Covered Oate. The d sclosure of DPPA Covered Data under the DSA,
as modified by this sectron. is governed by DPPA DPPA prohibits the disclosure of personal
information, as defined in 18 U.S.C S 2725(3). that is contained in motorvehicle records. but
such information may be used by any government agency, such as FL[DS] and Grantee, in
carrying out its functions. Such personal Lnformation may not be re disclosed by FL[DS] or
Granlee however, except in accordance with the permissible uses set lorth at 18 U.S C S
2721(b). Wilh certain lim ted exceptions, DPPA further prohibits the disclosure of highly
restricted personal information, asdefined n18U.SC S 2725(4), without the express consent
of the individual who is the subject of such information. ln accordance with section
119.0712(21(d)(2), F.S., the emergency contact information contained in a motor vehicle
record without the express consent of the person to whom such emergency conlact
information applies, may be released only to (a) law enforcement agencies for purposes of
contactlng those isted in the event o1 an emergencyi or (b) a receiving facil ty. hospita , or
licensed detoxitication or addictions receaving facility pursuant to sections 394.463(2Xa) or
397.6772(1)(a), F.S., for the sole purpose of nforming a patient's emergency contactsof the
patient's whereabouts. E-mail addresses that are collected by the Florida Departmenl of
Highway Safety and Motor Vehicles also rnay not be disclosed pursuant to Section
119 0712(2)(c), F.S.
3. Trarrino. The Parties agree to work together to provide Authorized Users with conidentiality,
privacy, and security training regarding access, use, and disclosure requiremenls for the
DPPA Covered Data under DPPA and the Florada Statutes relerenced above
4. Access Reouirements, Unrque authorization is required for Access and musl be properly
authenticated and recorded for audit purposes, including. but not limited to, compiiance with
these terms and conditions.
Vll. Designatlon of DSA Coordinators
A. The Coordinators for th s DSA are
FLIDSI DSA Coordinator
Policy lvlanager
2555 Shumard Oak Boulevard
Tallahassee, EL 32399
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E DPPA. The terms and conditrons of this A(icle Vl.E. apply when Covered Data includes motor
veh cle record information.
Page 2645 of 4096
Telephone: 850413-0604
Email: Poliqy@digital.fl.gov
FLIDSI lT Coordinator
State Cybersecurity lnformation Security officer
2555 Shumard Oak Eoulevard
Tallahassee. FL 32399
Telephone: 850-41 3-0604
Email: Cyber@digital.fl .gov
Grantee's DSA Coordinator
Steven Hall. Applications Analyst
Collier County Public Safety Department
8075 Lely Cuttural Parkway
Naples, FL 341 1 3
Telephons: +1 (239) 252-3615
Email: steven.hall@colliercountyll. gov
Grante€'s lT Coordinator
Mark Gillis
Collier County Public Safety Department
8075 Lely Cultural Parkway
NaplBs, FL 34113
Telephone: +1 (239) 252-6134
Email: Mark.Gillis@colliercounryfl. gov
8. Changes to the DSA andlor lT Coordinator designations may be accomplished by providing
email change notification that is acknowledged by both Parties.
Vlll. lnspecllon of Records
Each Party shall permit the other Party and any other applicable state and federal representatives
with regulatory oversight over lhe other Party, or their designees, to conduct inspections
described in this paragraph, or to make on-site inspectlons of records relevant to this DSA to
ensure compliance with any state and federal law, regulation, or rule Such insp€ctions may take
place with notice during normal business hours wherever the records are maintained. Each Party
shall ensure a system is maintained that is sufficienl to permit an audit o, such Party's compliance
with this DSA and the requirements specified above. Failure to allow such inspections constitutes
a material breach of this DSA. This DSA may be terminated in accordance with Article Vll.C. for
a material breach.
lx. Grantee Additional Terms
Page 3l of 37
A. Contractors. Grantee shall ensure all contractors that have Acc€ss to Covered Data or Software
Entitlements comply with all requirements of this DSA. The Software Entitlements shall not be
Accessible by, or deployed on, lnformation Technology Resources not owned. employed, or
conlrollod by Grantee.
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RELEVANT FLORIDA $IATUTES I2022)
Section 282.3185, Florida Statutes (F.S.), the "Local Government Cybersecurity Acl," dilects the Flor da
Digital Service (FL[DSI) to provide training in cybersecurity to local governments, oversee thelr
compliance in adopting cybersecurity standards, and to receive cybersecurity incident and ransomware
evenl notificattons through the State Cybersecurity Operations Center. Such incident reporting must also
include ''lal statement requesting or declining assistance from the Cybersecurity Operations Center, the
Cybercrime Offlce of the Depadment of Law Enforcement, or the sheriff who has jurisdiction over the
local government." per section 282.3185, F S.
Under Section 200 of the 20?4-2025 General Appropr ations Act. FL[DS] has been directed to provide
nonrscurring assistance to locai governments for the developmertt and enhancement of cybersecurity
risk management programs.
Section 119.0725, F.S., establlshes that coverage limts and deductible or self-insurance amounts of
insurance or olher risk mitigation coverages acquired for lhe protection of information technology
systems, operatonal technology systems, or dala of entities subject to the requirements ol section
119.07(1), F.S., and section 24(a), Article I of the State Constitution information relating to existing or
proposed information techno ogy and operational technology syslems and assets, whether physical or
virtual the incapacity or destruct on of which would negatively affect security, economic security. public
health, or public safety; cybersecurity incident information reported under section 282.3185, F.S.; nelwork
schematics, hardware and software configurations, or encrypt on information or information that identifies
detection, investigation, or response practices for suspected or confirmed cybersecurity incidents.
including suspected or confirmed breaches, if the disclosure of such information would facilitate
unaulhorized access to or unauthorized modification, disclosure, or deskuction of data or intormation.
whether physical or virtual, or information technology resouTces which include an agency s ex sting or
proposed information technology systems, and the recordings and lranscripts of public meetings where
such anformation may be revealed are confidential and exempl, and such publ c meetings are exempt
from section 286.011, F.S., and sectron 24(b) Art cle I ofthe State Constilution,
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Exh ibit A
Cvbersecu ritv lnci nt ResDonse Rider
Definition6
ln addition to the defined terms in the DSA, capitalized terms used herein have the meenings
provided below:
A. Cloud console - The global administrative accounts for software Entatlements directly managed
and licensed by FL[DS].
B. Customer Account - The accounts for Software Entitlements directly utilized by Grantee.
C. lnformation Technology Resources - As defined in section 282.0041, Florida Statutes, data
processing hardware and software and services, communications, supplies. personnel, facility
resources, maintenanc€, and training. As used in this lR Rider, the term a so includes the
deJinition for "lnformalion Technology " as defined ln section 282.0041, Florida Statutes, to add
eqt ipment, hardware, software, firmware, programs, systems, networks, infrastructure, media
and related material used to automatically, electronically, and wirelessly collect, receive, access
transmit, display, store, record, retrieve, analyze, evaluate, process, classify, manipulate,
manage, assimilate, control, communicate, exchange, converl, converge, interface switch. or
disseminate inforrnatron of any kind or form.
D. Managing Organization - The entity managing the use of the Software Entitlements and their
Cloud Consoles. As used in this lR Rider, the lVanaging organization is Ft[DSl
E. Protected Grantee Dala - Data, not including Telemetry Data. maintained and generated by
Granlee, which shall not be Accessed or Accessible by, or sent to, Software Entitlements.
F. Solution Data - Data, reports, or other information generated by Soflware Ent tiements. This may
be derived from, but does not include, Telemetry Data.
G. Telemetry Data - Data generated by Grantee through automated communicat on processes from
multjple data sources and processed by Software Entitlements.
H. View - The permissions Grantee grants to FtIDSJ to see Teletnetry and Solutions Data provided
to the Managing Organization by Custom€r Accounts. A View does not permit FL[DSI Access to
Protected Grantee Data.
ll. Purpose
FLIDSI and Grantee enter inlo this lR Rider to establish the terms and conditions for FLIDS]
Access to assisl Grantee with responding to incidents
lll. lncldent Response
A. lncident Response Support. As specified in seclion 282.3185(5), F.S., if appl cable,
upon discovery of an incident, Grantee may requsst, or FLIDSI may offer to prov de,
ncident response suppod. Access to Grantee lnformation Technology Resources sha I
be limited to the extent express y agreed to by Grantee. Such Access and support are
unilaterally terminable at any time by either party. F L[DS] mayestablish andGranteeshall
comply with, protocols or procedures for reporting and requesting support for incidents
under this lR Rlder responding to ncidents, and the types of support ava lable to beprovided for an incident. Grantee shall mitigate the impact of the incident and preserve all
Page 33 of 37
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Page 2648 of 4096
relevant documenls, records, and data. Grantee shall cooperate and coordinate with
FLIDSl in responding to incidents where incident response support is received, including,
but not llmited to:
l. Assisting w(h any incident response related investigation by FL[DS];
2 Providing FL[DSI with physical access to the affected facilities and operations:
3. Fac litatlng interviews with Grantee pefsonne!, and
4. [4aking all relevant recolds, logs, files, data reporting, and other materials ava]lable
to FL[DSl or Grantee-authorized third parties.
FL[DSl shall only Access Covered Data, other Grantee data, and Grantee lnforrnation
Technology Resources as permitted by Grante€. Any specific limitations on such Access
shall be documented.
Upon terminat on of each instance of incident response support, regardless of the reason
for such termination. Grantee shall assist FL[DS] with any close-out or post-incident
documentation upon request.
B. Covered Data and Personally ldentifiable lnformatlon. FL[DS] will not disclose
Covered Data or othel data made Accessible during incldent response support to any third
party unless required by law or as authorized by Grantee ln the event such data is
required by law to be disc!osed FLIDSI shall make best efforts to notify Grantee prior to
such disclosure.
lV. FL[DSl Role and Res ponsibllities
FIIDS] shall provide Grantee with the option to uirlize the Software Ent tlements lo enhance the
Grantee's cybersecurity and protecl the Grantee's infrastructure ,rom threats
FLIDSI will Access a View of the Telemetry Data and Solution Data. FI[DS] will only use
Telernetry and Solutions Data for the purpose of develop ng and implementing the Programl
identifying and responding to risks and incidents; and in turtherance of meeting FLIDS]'and
Grantee's statutory and regulatory obligations. FL[DS] will not disclose the Telernetry Data and
Solutions Data to any third party unless required by law or as otherwise authorized by Grantee
FL[DSI will provide incident response services and resources as allowed and agreed to by FL[DS]
and Grantee in responding to risks and ncident.
v. Grantee Roles and Responsibilities
Grantee shall cooperate with and provide all assistance necessary to FLIDSl'incident response
su pport.
Vl. lndemnification
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For the avoidance of doubt. the Grantee agrees to indemnify FLIDS] and the Department for any
claims related to this rider pursuant to the terms provided in Section Q., Unauthorized Use, of the
Grant Agreement
Page 2649 of 4096
Vll. Confllct
ln the event of e conflict between thF lR Rider, the DSA, and any other dder, the terms of this
lR Rider shall control.
vill.Llsbllity and Terminltion of lncid€nt Re!pont€ Support
Exc€pt as described in the DSA or other riders, incident reSponse servioes and resources of
FLIOSI or Grant€e-authorized third parti8 shall be provided by FL[DS] without warranly by, and
wit'noui liaUitity to, FLIDS] or such Grantee-authorized thlrd parties. Upon requsst, FL[DSI or
Grentes.authorized third parties shall provide reasonable assistance to return Glantee
lnformation Technology Resourses to the operational status prior to the involvement of FL[DSI
incident response support.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ln additiof to the defined terms in the DSA. capitalized terms used herein have the meanings
provided below
A Protected Grantee Data - Data. not including Telemetry Data, ma ntained, and generated by
Grantee, which shall not be Accessed or Accessible by, or sent to. the L censed Software
Solution.
B. Cuslomer Account - The Lrcensed Sottware Solut on account directly utilized by Grantee.
C Local Governmenl Cybersecunty Grant Program ("the Program') -The Program eslablished
by lhe 2024-2025 General Appropriations Act to provide nonrecurring assistance to local
governments for the development and enhancement of cybersecurity risk management
programs.
D. Licensed Software Solutions - Proprietary software provided to the Grantee under the
Agreement to salisfy provision of the solution(s) awarded to the Grantee. as identified in
Attachment A of the Grant Agreement.
E. Managing Organization - The entity managing the use of the Licensed Software Solution and
its implementat on As used n this Rider, the Managing Organization is FL[DS]
F. Protected Grantee Data - Data, aot including Telemetry Data, mainlained, and generated by
Grantee, which shal not be Accessed or Accessible by or senl to, the Licensed Software
So ut on.
G. Solution Console - The global administrative account(s) directly managed and licensed by
ELIDS] to provide the Grantee with the Software Entitlement.
H. Solution Data - Data, reports, or other information generated by the Licensed software
Solution lVlay be derived from but shall not include Telemetry Da.ta.
l. Telemetry Dala -The data generated by Grantee through automated communication
processes from mu tiple data sources and processed by the Licensed software solution
J. View - The permissions granted for FL[DSI to see Telemetry Data provided to the Managing
organization's solulion console by the cuslomer Account. A v ev/ does not permit FL[oS]
Access to Protected Grantee Data.
Statement of Work
A Purpose/scope: FL[DS] and Grantee enter into this R der to establish the terms andconditions for cranree Access to the Licensed Software sorution provided ov iilo-sl, i"estabr sh the maintenance, use, and discrosure of ttre Teremetry Data generate6 uy'cranteeand uploaded to the Solution Console; and lo provide terms and conditiJns for the use of theLicensed Software Solution
B. FLtDsl Role and Responsrbifites: FLIDS] is responsibre for providing Grantee with theoption to utilize the Licensed Software Solut;on.
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Exh ibit B
Solution Rider
l. Def initions
JI
Page 2651 of 4096
FL[DSJ shall be permitted to Access a View of the Tolemetry Data provided within the SolutioD
Console via permissions to the Customer Account.
FL[DS] will only use Telemetry Data for the express purpose of developing and implementing
the Prograrn and in furtherance of FL[DS]' and Grantee's slatutory and regulatory obligations.
FL[DS] will not disclose the Telemetry Data to any third party unless required by law or as
otherwise authorized by Grantee.
C. Grantee's Role and Responslbilities: Grantee is responsible for:
a, Grantee Access to and use of the Licensed Software Solution in compliance with all
terms and conditions related thereto, including the Agreement terms and the vendor
terms and conditions to be provided to the Grantee by FL[DS] wilhout need for an
amendment hereto by the Parties and which, after provision thereof, will be deemed
incorporated herein and a material component hereof:
b, Activating and deactivating the Access, credentials, and pnvileges of its authorized
users;
D
c. Ensuring no Protected Grantee Data is submitted lo the Licensed Software Solution:
d. Entering into any additional agreement with FLIDSI, the Licensed Soflware Solution
provider, or other third-parties as may be required by taw regarding prolected Grantee
Data, as applicable: and
e. Managing access controls to allow View by FL[DS] and Access by the Licensed
Software Solution.
f. Telemetry Data, even as it may be housed, maintained, or processed by the Licensed
Software Solution, is and shall remain the prope(y of Grantee.
lndemn ificetion: For the avoidance of doubt, the Grantee agrees to indemnify ELIDS] andthe Department for any costs related lo Grantee's use of the LicBnsed software'solutionpursuant to the terms provided in section e., unauthorized use, of the Grant Agreoment.
Gonflict: ln the event of a conflict between this Rider and the DSA, the terms of this Ridershall control.
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