Fort Walton Beach Resolution — 2026-07 Accepting Funding through State Board of Immigration Enforcement — reading text

State of Florida and the Board, and their officers, agents, and employees from lawsuits, actions, damages, and costs of every name and description arising from or relating to personal injury or damage to real or personal tangible property alleged to be cause in whole or in part by the Participating Agency, its agents, employees, partners, or subcontractors in the performance of activities under this agreement. The Participating Agency shall not indemnify for that portion of any loss or damages proximately cause by the negligent act or omission of the State of Florida or the Board. Further the Participating Agency shall fully indemnify, defend, and hold harmless the State of Florida and the Board from any suits, actions, damages, and costs of every name and description including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right property by the Participating Agency. However, this obligation shall not apply to the Board' s misuse or modification of the Participating Agency's products or the Board' s operation or use of the Participating Agency' s products in a manner not consistent with this agreement. If any product is the subject of an infringement suit, or in the Participating Agency' s opinion is likely to become subject to such suit, the Participating Agency may at its sole expenses procure for the Board the right to continue using the product or to modify it to become non -infringing. If the Participating Agency is not reasonably able to modify or otherwise secure the Board the right to continue using the product, the Participating Agency shall remove the product and refund the Board the amounts paid in excess of a reasonable rental rate for past use. The Board will not be liable for any royalties. The Participating Agency' s obligations under this condition with respect to any legal action are contingent upon the State of Florida or the Board giving the Participating Agency: ( a) written notice any action or threatened action; ( b) the opportunity to take over and settle or defend such action at the Participating Agency' s sole expense; and ( c) assistance in defending the action at the Participating Agency' s sole expense. The Participating Agency shall not be liable for any cost, expense, or compromise incurred or made by the State of Florida or the Board in any legal action without the Participating Agency' s prior consent, which shall not be unreasonably withheld. B. Sovereign Immunity: Nothing in this agreement shall be construed to affect in any way the Participating Agency' s rights, privileges, and immunities under the doctrine of sovereign immunity as set forth in s. 768. 28, F. S. 8. Termination and Force Maieure This agreement is subject to the following termination -related conditions. A. Corrective Action: The Board will notify the Participating Agency in writing if corrective action is required for any area of noncompliance, nonperformance, or unacceptable performance of work under this agreement. Failure to implement the necessary corrective action, or improve performance of work, in accordance with the corrective action plan may result in termination of the agreement. B. Termination for Cause: The Board may, at its sole discretion and upon providing written notice to the Participating Agency, terminate the agreement if the Participating Agency fails to: ( a) 20 of 23  satisfactorily complete the deliverables within the project period of the agreement; ( b) maintain adequate progress, thus endangering performance of the agreement; ( c) honor any term or condition of the agreement; or ( d) abide by any statutory, regulatory, or other requirement of the agreement. C. Termination for Lack of Funds: If funding for this agreement is withdrawn or redirected by the Legislature, the Board shall provide written notice to the Participating Agency at the earliest possible time. The lack of funds shall not constitute a default by the Board or the State of Florida. D. Termination for Convenience: The Board may terminate this agreement, in whole or in part, by providing written notice to the Participating Agency that it is in the Board' s or State of Florida's best interest to do so. The Participating Agency may also terminate this agreement by providing a written notice to the Board' s grant manager that explicitly states the desire to rescind the agreement, reason for termination, and acknowledges that no further reimbursement will be paid to the Participating Agency under this award. E. Participating Agency' s Responsibilities Upon Termination: If the Board issues a notice of termination to the Participating Agency, except as otherwise specified by the Board in that notice, the Participating Agency shall: ( a) stop work under this agreement on the date and to the extent specified in the notice; ( b) complete performance of such part of the work the Board does not terminate ( if any); ( c) take such action as may be necessary, or as the Board may specify, to protect and preserve any property which is in the possession of the Participating Agency and in which the Board has or may acquire an interest; and ( d) transfer, assign, or make available to the Board all property and materials belonging to the Board upon the effective date of the termination of this agreement. The Participating Agency is not entitled to recover any cancellation charges or lost profits. No extra compensation will be paid to the Participating Agency for its services in connection with such transfer or assignment. F. Severability: If any provision of this agreement, in whole or in part, is held to be void or unenforceable by a court of competent jurisdiction, that provision will be enforced only to the extend that it is not in violation of law or not otherwise unenforceable, and all other provisions remain in full force and effect. G. Survival: Any right or obligation of the Board or the Participating Agencies in this agreement which, by its express terms or nature and context, is intended to survive termination or expiration of this agreement, will survive any such termination or expiration. H. Force Majeure: Neither the Board nor the Participating Agency shall be liable to the other for any delay or failure to perform under this agreement if such delay or failure is neither the fault nor cause by the negligence of either party ( including their employees or agents) and the delay is due to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond either parties control. This extends to contractors and suppliers if no alternate source of supply is available. However, in the event a delay arises from one of the foregoing causes, the Board or the Participating Agency shall take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the performance of activities under this agreement. Notice of Delay from Force Majeure: In the case of any delay the Participating agency believes is excusable under the condition above, the Participating Agency shall notify the Board in writing of the delay or potential delay and the cause of the delay within 10 calendar days after the cause that creates or will create ( in the case of predictability) the delay arose. The foregoing shall constitute the Participating Agency' s sole remedy or excuse with respect to the delay. The Board, at its sole discretion, will determine if the delay is excusable under this section and will notify the Participating 21 of 23 Agency of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Board. The Participating Agency will not be entitled to an increase in the award amount or payment of any kind from the Board for any reason. If performance is suspended or delayed, in whole or in part, due to one of the force majeure causes, after the causes have ceased to exist, the Participating agency shall resume performance unless the Board determines, at its sole discretion, that the delay will significantly impair the ability of the Participating Agency to timely complete its obligations under this agreement. In that case, the Board may terminate the agreement in whole or in part. If the delay is excusable under this section, the delay will not result in any additional charge or cost under this agreement to the Board. 22 of 23 1SECTION XI: SIGNATURES In witness whereof, the Board and Participating Agency affirm they each have ready and agree to the conditions set forth in Section IX and Section X of this agreement, have read and understand the agreement in its entirety, and have executive this agreement by their duly authorized officers on the date, month, and year set out below. Modifications to this page, including strikeovers, whiteout, etc. are not permitted. Award ID: IG096 Award Amount: $ 295, 866. 00 Participating Agency Fort Walton Beach Police Department This award is not valid until it is signed and dated by either the Chief Official or designee below. Any designee signatures must be accompanied by documentation that grants the individual the authority to execute this agreement. Particik encyTChief,Official Signature: Typed Name and Title: Nicholas Al If using a designee, sign the Chief Official Designee section below*** Participating Agency Chief Official Designee Signature: Date: Printed Name and Title: Additional Participating Agency_Signatures (optional) If your local process requires additional signatures ( i. e., legal, clerk, etc.) use the spaces below. Signature: Date: Printed Name and Title: Signature: Date: Printed Name and Title: State Board of Immigration Enforcement As of the date signed below this award has completed its statutorily required approval process. The Participating Agency may begin claiming reimbursement for allowable expenses in accordance with the terms and conditions of this agreement. Signature: Date: Printed Name and Title: Felicia Pinnock, Senior Management Analyst Supervisor 23 of 23  Peregrine PEREGRINE CUSTOMER ORDER FORM He SCOPE OF SERVICES ustomer Information Customer Name: Fort Walton Beach Police Contact: Chief Robert Bage Department Address: 7 Hollywood Blvd, NE Fort Walton Beach, Phone: 850- 833- 9554 FL 32548 Quote POC Email: jross@fwb. org Customer Invoice