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Exh 8EAGENDA ITEM #8E AUGUST 22, 2005 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Subgrant Agreement for Statewide Interoperability Gateway System DATE: August 8, 2005 SUBMITTED BY: David E. Thompson, Chief of Police/DPS BACKGROUND: Part of the "Florida Terrorism Strategy" is to provide statewide interoperability in radio communications for all emergency responders. This means that although different agencies might typically function on different frequencies and systems, in the event of a major event, all agencies would be able to communicate with one another through this system. To that end, equipment has been identified and funding is being awarded to provide the inoperability for various agencies. The equipment for Atlantic Beach has been identified, and the cost is expected to run between $44,250 - $53,000 depending on the final configuration. Under this agreement, ' the equipment will be purchased and installed at no cost to Atlantic Beach. However, Atlantic Beach does make commitments relative to routine maintenance of the equipment, participating in training each year, and abiding by the policies and procedures ' developed by Regional Domestic Security Task Forces. ' BUDGET: No immediate cost for acquisition. Annual training estimated at less than .. $1,000, and routine maintenance minimal for the first year. Typically, maintenance contracts for electronic equipment is approximately 10% of the purchase price. Based on the anticipated pricing, maintenance contract may cost approximately $5,000 in future years. It is also possible that in future years, maintenance may be funded out of grant money. RECOMMENDATIONS: To approve the acceptance of the equipment discussed in the attached agreement, and authorize the City Manager to sign the agreement. A ~ A ~L~1 i~`'*V r• Sul! ~ /1 .;~ fiJ~ ~'in„in~iPnt f~~' Fi~LI~I~Q SLi 3tPR~7 A 1A1i1 1 1 t U. ~i Cal1L 11~~.~111~./ ~ 1 a. a.~u rs ~.~a • • .,.r. ..~~ REVIEWED BY CITY MANAGER: \,~ AGEIYISA ITEM NUMBER: AGENDA ITEM #8E AUGUST 22, 2005 Contract Number: CFDA Number: 16.007 SUI3GRr1NT AGREEMENT FOR EQUIPMENT FOR FLORIDA STRATEGY THIS AGREEMENT is entered into by and between the State of Florida, State Technology Office, with headquarters in Tallahassee, Florida (hereinafter referred to as the "STO"), and (hereinafter referred to as the "Recipient"). THIS AGREEMENT [S ENTERED INTO BASED ON THE FOLLOWING FACTS: ' A. WHEREAS, the State of Florida is vulnerable to a wide array of disasters, which includes disasters caused by terrorist acts; and B. WHEREAS, the parties desire to improve the capability and the coordination of the State of Florida and its local and regional agencies of government to respond to terrorist acts; and C. WHEREAS, the Department of Community Affairs has prepared and had approved by the U.S. Department of Justice, the State and Local Domestic Preparedness Equipment Program Florida Strategy, dated September 20, 2001 (`the Florida Strategy"}, to allow the State of Florida to participate in the State and Local Domestic Preparedness Equipment Program; and D. WHEREAS, the Department of Community Affairs has received these grant funds from the federal government and has the authority under the Emergency Management Act, as amended, to subgrant these funds and to otherwise provide assistance to improve the disaster response capabilities of local governments; and E. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and F. WHEREAS, the STO has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the STO and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment B of this Agreement. AGIrNDA ITEM #8E AUGUST 22, 2005 (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES. Both the Recipient and the STO shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment A. (3) PERIOD OF AGREEMENT. - This Agrcemcnt shall begin upon execution by both parties and shall continue conterminous]y with the STO Interoperability Contract # MA5906, unless terminated earlier in accordance with the provisions of Paragraph (7) of this Agrcemcnt. (4) MODIFiCAT10N OF CONTRACT Either party may request modification of the provisions of this Agrcemcnt. Changcs,.which are mutually agreed upon, shall be va]id only when reduced to writing, duly signed by each of the parties hereto, and attaclicd to the original of this Agrcemcnt. (5) RECORDKEEP[NG (a} As applicable, Recipient's performance under this Agreemcnt shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Loci! Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A- 122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on acost-reimbursement basis, tlic Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the STO or its designee;, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that ' audit working papers arc made available to the STO or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the STO, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five-year period z AGENDA ITEM #8E AUGUST 22, 2005 and extends beyond tltc five-year period, the records will be maintained until all litigation, claims or audit findings involving tf~e records have been resolved. 2. Records for the disposition ofnon-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work - Attachment B -and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the STO, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the STO. (c) Any additional terms and conditions pertaining to record, and all terms and conditions pertaining to property management and procurement under this Agreement arc set forth in Attachments. (6) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the STO harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the STO, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Slat., agrees to be fully responsible to the extent provided by Section 768.28, Fla. Slat., for its negligent acts or omissions or tortuous acts which result in claims or suits against the STO, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or 3 AGENDA ITEM #SE AUGUST 22, 2005 subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (7) DEFAULT: REMEDIES; TERMINATION. (a) If the necessary funds arc not available to fund this Agreement as a result of action by, Congress, the state Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the STO to make any further donations or payment of funds hereunder shall, if the STO so elects, terminate and the STO may, at its option, exercise any of its remedies set forth herein, but the STO may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. IFany warranty or representation made by the Recipient in this Agreement or any previous Agreement with the STO shall at any time be false or misleading in any respect, or if the Recipient shall materially fail to keep, observe or perform any of the terms or covenants contained in this Agreement, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient " at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with flit STO, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the STO. 3. If any reports required by this Agreement have not been submitted to the STO or have been knowingly submitted with substantial information that is incorrect, incomplete or insufficient information; 4. If the Recipient has failed, to a substantial degree, to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment B. (b) Upon the happening of an Event of Default, then the STO may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the STO from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days 4 AGENDA ITEM #8E AUGUST 22, 2005 prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (8) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agrcemcnt; 3. Exercise any other rights or remcdics which may be otherwise available under ]aw; (c) The STO may terminate this Agrcemcnt for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Non compliance with any terms of this Agreement and the Scope of Work, Attachment B of this Agrcemcnt, by the Recipient shall result in termination of Agreement, which will require return of the equipment to the STO. ' (e) Suspension or termination constitutes final agency action under Chapter 120, Ffa. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (f) In addition to any other remcdics, the Rccipicnt shall return to the STO any granted equipment or supplies which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (g) This Agreement may be terminated by the written mutual consent of the parties. In addition, the Rccipicnt has the option to unilaterally terminate this Agrcemcnt. Upon termination of the Agrcemcnt, either by urutual consent or unilateral action of tither party, all supplies and equipment shall be returned to the S"1'U by the ' Rccipicnt. 5 AGENDA ITEM #$E AUGUST 22, 2005 (8) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to tine original of this Agreement. (b) The STO designates Nicole Hill as the STO's Contract Administrator. All communications, written or oral, relating to this Agrccmcnt shall be directed to her at: State Technology Office 4030 Esplanade Way, Suite 235E Tallahassee, Florida 32399-0950 Telephone: 850/922-7543 • Fax: 850!413-8623 Email: nicole.hill@myflorida.com The Project Officer for this Agrccmcnt is Linda Fuchs. She can be contacted for technical assistance relating to this Agreement at the about address, telephone 850/488-8036, or c-mail linda.fuchs@myflorida.com. (e) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Name: Address: Telephone: Fax: Email: (d) In the event that different representatives or addresses arc designated by either party after execution of this Agrccmcnt, notice of the name, title and address of the new representative • will be rendered as provided in (8)(a) above. (9) OTHER PROVISIONS. (a) The validity of this Agrccmcnt is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agrccmcnt, in any subsequent submission or response to STO request, or in any submission or response to fulfill the requirements of this Agrccmcnt, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof, or any material changes shall, at the option of the STO and with thirty (30) days written notice to 6 AGENDA ITEM #8E AUGUST 22, 2005 the Recipient, cause the termination of this Agrccmcnt and the release of the STO from all its obligations to the Recipient. (b) This Agrccmcnt shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agrccmcnt shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is othcnvise unenforceable, then such provision shall be deemed null and void to the ' extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agrccmcnt. (c) No waiver by the STO of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the STO hereunder, or affect the subsequent exercise of the same right or remedy by the STO for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the STO under the terms of this Agrccmcnt shall survive the terms and life of this Agrccmcnt as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. ' (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et sco•), if applicable, which prohibits discrimination by public and private entities on tlrc basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications: (f) A person or affiliate who has been placed on the convicted vendor list following a conviction . for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on ]eases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public ' entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agrccmcnt from the federal government, by signing this Agrccmcnt, the Recipient 7 AGENDA ITEM #8E AUGUST 22, 2005 certifies, to the best of its knowledge and belief, that it and its principals: 1. arc not prescntly debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal STO or agency; 2. have not, within athree-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, ' attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not prescntly indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in Paragraph 9(g)2. of this certification; and ' 4. have not within a three-year period preceding this Agrcemcnt had one or more public transactions (fcdcral, state or local) terminated for cause or default. • ~ Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall ' attach an explanation to this Agreement. (10) AUDIT REOUiREMENTS. ' (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of federal resources under this Agrcemcnt. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the STO. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday ' through Friday. (c) The Recipient shall also provide the STO with the records, reports or financial statements upon request for the purposes of auditing and monitoring the fcdcral resources awarded under this Agreement. (d) If the Recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its AGENDA ITEM #8E AUGUST 22, 2005 fiscal year, the Rccipicnt must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the . STO by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the STO. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as ' revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 10(d) about, the Rccipicnt shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Rccipicnt expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in . accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Rccipicnt expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance • with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal ' resources (i.e., the cost of such audit must be paid from Rccipicnt resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and rcquircd by Subparagraph (d) above shall be submitted, when required by Section 320 (d), OMB Circular A-133, as revised, by or on behalf of the Rccipicnt directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 • ~ and ' Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of topics rcquircd by 9 AGENDA ITEM #SE AUGUST 22, 2005 Scctions .320(d)(1) and (2), OMB Circular A-133, as rcvised, should be submitted to the Federal Audit Clearinghouse), at the following address: ' Federal Audit Clearinghouse Surcau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Scctions .320 (c) and (f), OMB Circular A-133, ' as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as rcvised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as rcvised, and any management letter issued by the auditor, to the STO at each of the following addresses: • • Gina Gibson State Technology Office 4030 Esplanade Way, Suite 235M Tallahassee, Florida 32399-0950 (g) Any reports, management letter, or other information required to be submitted to the STO pursuant to this Agreement shall be submitted timely in accordance with OMB Circu]ar A-133, Florida Statutes, and . Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the • Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the STO far audits done in • accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Rccipicnt shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the STO, or its designee, the Comptroller, ar Auditor General access to such records upon request. The Rccipicnt shall ensure that audit working papers arc made available to the STO, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the STO. ' (11) TERMS AND CONDITIONS. Tlie Agreement contains all the terms and conditions agreed upon by the parties. io AGENDA ITEM #8E AUGUST 22, 2005 (12) ATTACHMENTS. (a) All attachments to this Agrccmcnt arc incorporated as set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agrccmcnt and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agrccmcnt has the following attachments: Exhibit 1: Funding Sources Attachment A: Program Rules and Regulations Attachment B: Scope of Work Attachment C: System Overview (13) FUNDING/CONSIDERATION This is a goods, equipment and supplies grant Agrccmcnt. The STO will grant to the Recipient certain equipment and supplies in order to fulfill the purposes of the Florida Strategy. (14} STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by flit Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat., or the Florida Constitution. (b) If otherwise allowed under this Agrccmcnt, the Agrccmcnt may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request far proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient far a proper prcaudit and postaudit thereof. (d} If otherwise allowed under t}tis Agrccmcnt, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The State Technology Office reserves the right to unilaterally cancel this Agreement for ii AGENDA ITEM #8E AUGUST 22, 2005 refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. St:-t., and made or received by the Recipient in conjunction with this Agreement. (fJ If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the STO or be applied against the STO's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of tl-c Immigration and Nationality Act ("INA")]. The STO shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(c) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the STO. (15) EQUIPMENT AND PROPERTY MANAGEMENT. (a) The Recipient shall retain ownership of the unit and control over the placement, administration and maintenance of said radio interoperability gateway system . Any change in placement requires STO approval. (b) The Recipient shall provide for the recurrent costs of the radio intcropcrability gateway . Such costs include, but are not limited to, telecommunications and annual maintenance. (l6) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its govcming body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. ' (17) RECi/IVINh AND INSPEC'I'lUN CUN'l'AC'1'. The name of the person responsible to sign for and inspect all goods and equipment provided under this agreement is at the shipping address: 12 AGENDA ITEM #8E AUGUST 22, 2005 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient STATE OF FLORIDA STATE TECHNOLOGY OFFICE 13Y: E3Y: Name: Simone Marstiller Title: Chief Information Officer Date: Date: FEID # i3 AGENDA ITEM #8E AUGUST 22, 2005 EX~IIBIT -1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If flee resources awarded to flee recipient represent inure thou one Federal prugra»r, provide the same ieefuruurtion sleown below for eac/i Federal program and show total Federal resources awarderb Federal Program: United States Department of Justice, Office of Justice Programs CFDA: 16.007 Equipment Value: $44,250-$53,000 depending on final configuration of equipment COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent nrore than one Federal pragrnur, list npplicaGle co~eepliaerce requireueeuts for each Federal prograue is the same peanrter as sha-vee below. Federal Program: Department of Justice Domestic Preparedness Equipment Grant must be used to purchase equipment for use in Domestic Preparedness STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGRF.F.IVTENT MAY CONSIST OF THE FOLLOWING: Radio interopcrability gateway system. SUBJECT TO SECTION 215.97. FLORIDA STATUTES N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NIA NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(x), Florida Statutes, require that flee information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. ., 14 AGENDA ITEM #8E AUGUST 22, 2005 Chapter 252, Florida Statutes 28 C.F.R. Attachment A Program Statutes and Regulations i5 AGENDA ITEM #8E AUGUST 22, 2005 Attachment B Scope of Work If applicable to the Rccipicnt, this agrccment is entered into as an addendum to current statewide mutual aid agreements and is for the purpose of receiving specialized equipment and participation as a State of Florida Regional Terrorism Response Asset. The Recipient shall maintain, in a satisfactory operational condition, all goods and equipment provided to it under this agrccment (sec System Overview, Attachment C) for the normal expected operating lifetime or shelf life of said goods and equipment. This includes routine maintenance, repairs, calibration, etc. The Recipient is not responsible for replacing goods or equipment that has reached the end of its normal life expectancy or exceeded its posted shelf life. The equipment, goods, and supplies ("the eligible equipment") provided under this agreement arc for the purposes specified in the State and Local Domestic Preparedness Equipment Program Florida Strategy, hereinafter referred to us the "Florida Terrorism Strategy" or the Florida Comprehensive Emergency Management Plan. The Recipient specifically agrees to: 1. Upon notification by the STO, the Rccipicnt will in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Terrorism Strategy" respond to any and all incidents within its regional response area with all available and eligible equipment and resourccs which it needs and is reasonably required for the response, for so long as this agreement remains in effect. Prior to requesting a response, the STO will take prudent and appropriate action to determine that the level or intensity of the incident is such, that the specialized equipment and resourccs arc necessary to mitigate the outcome of the incident. 2. Acknowledge the receipt of one (1) radio intcroperability gateway system and provide adequate space and facilities for the equipment. 3. The radio intcroperability gateway system is to be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. 4. During the term of this agrccment, the Rccipicnt shall participate in not less than one (1) regional • training event per year, and in not less than one (1) regional exercise or terrorist event simulation per year as scheduled by the Regional Domestic Security Task Forces. 5. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the STO. ' ~ G. Deployment of a radio intcroperability gateway system requires appointment of an individual who can coordinate installation activities at the Recipient's location. The Recipient shall be responsible for assuring the availability of an individual for this purpose. The Recipient will respond in a timely manner to project deadlines. 7. Operation of the radio intcroperability gateway system requires one (1) individual. The Recipient shall be responsible for assuring the availability at least one (1) individual for this purpose and associated training. 8. The Recipient shall ensure that the radio intcroperability gateway system will be used in accordance with policies and procedures developed by the Regional Domestic Security Task Forces. If any additional funding becomes available for equipment maintenance, replacement or repair, recurrent costs, training, andlor exercises, Recipient will be eligible to receive a portion of said funds. At this time the parameters to any additional monies have not been defined. Rccipicnt will be notified if additional monies become available. i6 AGENDA ITEM #8E AUGUST 22, 2005 Attachment C System Overview Each Recipient will have the following equipment installed: 1. Radio Gateway Unit (R-GU) (may be shared with other centers at the same location) 2. Workstation Gateway Unit (WS-GU) 3. Soft Switch Radio Network application 4. Dispatch computer with 15" flat panel monitor, keyboard, headset, desktop microphone and speakers 5. Interface modules to local radio systems 6. Telecommunications lints to SUNCOM/MyFloridaNet network with associated router Note: The Subgrant Agreement will be amended if there arc any significant changes to the above list based on local conditions. Each Recipient will receive training for a minimum of one (I) staff member in use of the system. 1~