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11
STATE -FUNDED AGREEMENT
FOR
PSAP UPGRADE PROJECT
DM.S-PI-25-07-1.7
BETWEEN
THE STATE OF FLORIDA
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
DEPARTMENT OF MANAGEMENT SERVICES
AND
INDIAN RIVER COUNTY
4050 Esplanade Way
Tallahassee, FL 32399-0950
850-488-2786
Ron DeSantis, Governor
Pedro Allende, Secretary
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RYAN -L. BUTLER, CLERK
STATE -FUNDED AGREEMENT
This State -Funded Agreement (Agreement) is between' .the Florida Department of
Management Services (Department), 4030 Esplanade Way, Tallahassee, Florida, 32399 and
Indian River County (Recipient), 4225 431 Avenue, Vero Beach, FL 32967.
The Department and Recipient agree as follows:
(1) AUTHORITY
A. The Department has been appropriated funds from the Emergency Communications
Trust Fund for State fiscal year 2025-2026, pursuant to Section 2.15. of SB 2500
(2025), using unexpended funds provided to the Department from specific
appropriation line item #2971 of Chapter 2024.-231, Laws of Florida, to fund Public
Safety Answering Point (PSAP) Upgrades. The Department has the authority, in
accordance with section 282.702 Florida Statutes (F.S.), to enter into this Agreement
and to disburse the appropriated funds to the Recipient under the terms and conditions
set forth below.
B. In accordance with section 215.971, F.S., the Department has the authority to monitor
the portion of the State of Florida appropriated funds for the PSAP upgrades.
(2) LAWS, RULES, REGULATIONS, AND POLICIES
A. This Agreement is executed and entered into in the State of Florida and will be
performed, construed, and enforced in accordance with the laws, rules, and
regulations of the State of Florida. Each party will perform its obligations in accordance
with the terms and conditions of this. Agreement.
B. The parties shall be governed by all ,applicable State and Federal laws, rules, and
regulations, including but not limited to those identified in Attachment B — Program
Statutes and Regulations. Any express reference. in this Agreement to a statute, rule,
or regulation in no way implies that no other statute, rule, or regulation applies.
(3) CONTACT
A. In accordance with section 215.971(2), F.S., the Department's Grant Manager is
responsible for enforcing the performance of this Agreement's terms and conditions
and will serve as the Department's liaison with the Recipient. As part of the duties, the
Grant Manager for the Department will:
i. Monitor and document Recipient performance of the terms of this Agreement;
ii. Review and document all deliverables for which the Recipient requests payment;
and,
iii. Reconcile and verify all funds received against all funds expended during the
agreement period and produce a final reconciliation report which identifies any
funds paid in excess of the expenditures incurred by the Recipient.
B. Grant Managers
i. The name and address of the Department's Grant Manager responsible for the
administration of this Agreement is:
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Leon Simmonds
Grant Manager
4030 Esplanade Way
Tallahassee, Florida 32399
(850) 921-0041
Leon.Simmonds@dms.fl.gov
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RYAN L. BUTLER, CLERK
ii. The name and address of the Recipient's Agreement Manager responsible for the
administration of this Agreement is:
Karen Rackard
Title: 911 Coordinator
Address: 4225 43rd Avenue, Vero Beach, FL 32967
Telephone: 772-226-3943
Email: KRackard@indianriver.gov
C. The Recipient's Agreement Manager is responsible for monitoring the performance of
this Agreement's terms and conditions and will serve as the Recipient's liaison with
the Department. As part of the duties, the Agreement Manager for the Recipient shall
provide the Department with all reports in accordance with Section 15, Reports, of this
Agreement, as well as any other required reports or documents under this Agreement.
D. In the event that different Managers or addresses are designated by either party after
execution of this Agreement, a. notice of the name, title, and address of the new
Manager will be provided to the other party in writing. Such changes do not require a
formal written amendment to the Agreement.
(4) TERMS AND CONDITIONS
This Agreement consists , of this State -Funded Agreement and all incorporated
attachments and exhibits, which set forth .the entire understanding of. the parties and
supersede all prior agreements and understanding related to the subject matter thereof.
(5) EXECUTION
This Agreement maybe executed in any number of counterparts, each of which, when
executed and delivered, shall constitute a duplicate original, but all counterparts together
shall constitute a single agreement. .
(6) MODIFICATION
Either party may request a modification of provisions of this Agreement via a formal
amendment, which shall be valid only when in writing, signed by each of the parties, and
attached to the original version of this Agreement.
(7) SCOPE OF WORK
The Recipient shall perform the work in accordance with Attachment A, Scope of Work
and Budget, of this Agreement.
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RYAN L. BUTLER, CLERK
(8) PERIOD OF AGREEMENT
A. In accordance with section 215.971(1)(d), F.S., the Recipient may expend funds
authorized by this Agreement only for allowable costs from obligations incurred during
the Agreement period. This Agreement shall begin on July 1, 2025 and shall end on
June 30, 2026, unless:
i. The Department requests and receives from the Florida Legislature an extension
for one (1) year to reflect changes to the funding source; or
ii. The Agreement is terminated earlier in accordance with Section 20, Termination,
of this Agreement.
B. The Department does not guarantee an extension or renewal of this Agreement or
funding beyond the term of this Agreement and shall not, absent legislative approval
of funding, be obligated to extend this Agreement beyond June, 30, 2026. This
Agreement may be renewed on a yearly basis, contingent upon a specific
appropriation by the Legislature. Renewals must be in writing, subject to the same
terms and conditions as set forth in the initial contract, made by mutual agreement,
and will be contingent upon satisfactory fiscal and programmatic performance
evaluations as determined by the Department, and subject -to the availability of funds.
(9) FUNDING
A. Funding for this Agreement consists of the awarded" state resources set forth in the
below -listed Exhibit 1, Audit Requirements.
B. The method of payment for this Agreement is cost reimbursement or rural payment
pursuant to section 215.971(1)(h), F.S. and subject to the availability of funds.
C. In accordance with Section 215 of SB 2500 (2025), ' funds shall only be used to
reimburse Recipient expenditures or pay for allowable -costs incurred by a Rural
- Recipient for Recipient's implementation of their PSAP Upgrade.
D. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature.
E. The Department will reimburse or provide rural payment to the Recipient only for
-allowable. costs incurred during the Agreement period by the Recipient for the
successful completion of each deliverable. The maximum reimbursement amount for
the entirety of this Agreement is $208,418.54.
F. The Department will review any request for reimbursement or rural payment by
comparing the documentation provided by the Recipient's Agreement Manager
against a perform ancemeasure, outlined in Attachment A, that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
G. For, the purposes of,this Agreement, the Department shall consider payments made
by Recipient to be improper under the following circumstances:
Any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory,
contractual, administrative, or other legally applicable requirements.
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RYAN L. BUTLER, CLERK
Any payment -to an ineligible party, any payment for an ineligible good or service,
any duplicate payment, any payment for a good or service not received (except
for such payments where authorized by law),, any,payment that does not account
for credit for, applicable discounts, and any payment where insufficient or lack of
documentation prevents a reviewer from- discerning. whether a payment was
proper.
iii. Any payment for Management Consulting or Feasibility Studies.
(10) REQUEST FOR REIMBURSEMENT
A. Subject to the funding limitations of this Agreement, the Department shall reimburse
the Recipient only for allowable costs resulting from incurred obligations pursuant to
section 216.301, F.S., in furtherance of the successful completion of deliverables
outlined in Attachment A and further defined in the Recipient's PSAP Upgrade
implementation contract. The Recipient may submit more than one (1) request for
reimbursement under this deliverable. However, no reimbursement shall duplicate
any previous reimbursement.,
B. Recipient will submit a request for reimbursement (See Attachment D, Request for
Reimbursement of Funds); by email to the Grant Manager, not to exceed once per
month.
C. All bills for fees or other compensation-for.services or expenses shall be submitted
in detail sufficient for - a proper pre -audit and post -audit thereof and shall be
accompanied by all supporting documentation required for reimbursement including,
but not limited to, copies of purchase orders and paid vouchers, invoices, copies of
check processing, and journal transfers. Reimbursement claims shall include only
expenditures claimed against the awarded funding amount. Requests for
reimbursement for Recipient Deliverable 2 of Attachment A, must also contain copies
of Recipient's documented inspection of activities or project milestones performed
under Recipient Deliverable 3 to verify, the components meet or exceed Recipient's
Contract for the PSAP Upgrade procured under Recipient Deliverable 1.
D. The Department shall not process requests for reimbursement for payments made
by Recipient that are deemed as improper payments as set forth in Section 9,
Funding, of this Agreement.
E. Submission of final documents and submission for closeout of the funding does not
affect the Department's right to disallow costs and recover funds based on an audit
or financial - review. The final request for reimbursement and supporting
documentation for incurred obligations, pursuant to section 216.301, F.S., shall be
submitted to the Department no later than August 15, 2026
F. The Department is not liable for approval of reimbursement by the Department of
Financial Services (DFS), and Recipient is responsible for ensuring purchases and
invoices are in conformance with DFS requirements. Recipient agrees to comply
with the State of Florida Reference Guide for State Expenditures, available at:
httns://www. mvfloridacfo. com/docs-sf/accou nti nq-and-aud itinq-I i braries/state-
agencies/reference-gu ide-for-state-expenditu res. pdf.
G. Any travel expense bills are not permissible or allowable under this Agreement.
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RYAN L. BUTLER, CLERK
(11) RURAL .COMMUNITY OR RURAL AREA OF OPPORTUNITY REQUEST FOR
PAYMENT
A. Pursuant to section 215.971(1)(h)- F.S., if the Recipient is a Rural Community or
Rural Area of Opportunity as those terms are defined in section 288.0656(2). F.S.,
("Rural Recipient")," a Rural Recipient may request that the Department provide for
the payment of invoices for verifiable and eligible performance that has been
completed in accordance with the terms and conditions set forth in this Agreement
("rural payment"). Prior to, or in conjunction with, such a rural payment request, a
Rural Recipient shall submit documentation to the Department sufficiently
demonstrating the financial hardship of the Rural Recipient.
B. A Rural Recipient shall submit its request to elect to receive rural payment, including
any financial hardship documentation, in'writing to the Department's Grant Manager
specified in the Agreement. Following demonstration of financial hardship and the
initial request to elect to receive rural payment, subsequent requests for payment
and all necessary documentation, including the Attachment I, Request for Payment
to Rural Communities or Rural Areas of Opportunity, for incurred and appropriate
costs shall be submitted in writing to the Department's Grant Manager.
C. The Rural Recipient is responsible for ensuring all documentation related to Rural
Recipient's Project is readily available to the Department upon request and is in
conformance with the DFS requirements. Rural Recipient will submit requests for
rural payment, including Attachment I, Request for Payment to Rural Community
Communities or Rural Areas of Opportunity, on a quarterly basis to the Department's
Grant Manager. All bills for fees or expenses shall be submitted in detail sufficient
for a proper pre -audit and post-auclit thereof and shall be accompanied by all
supporting documentation required for. payment including, but not limited to, copies
'of purchase orders, invoices, and any other expenditure justifications, along with any
copies of Recipient's documented inspection of activities performed under Recipient
Deliverable -3 to verify the components meet or exceed Recipient's PSAP Upgrade
implementation. contract procured under Recipient Deliverable 1.
D. The Department shall not process requests for rural payments made by Recipient
that are deemed as improper payments as set forth in'Section 9, Funding, of this
Agreement,
E. Submission of final documents and submission for closeout of the funding does not
affect the Department's right to disallow costs and recover funds based on an audit
or financial review. The final request for rural payment and supporting documentation
for incurred obligations pursuant to section 216.301, F.S. shall be submitted to the
Department no later,than August 15, 2026.
F. Funds provided to a Rural Recipient via rural payment shall only be used for
allowable costs incurred by a Rural -Recipient pursuant to section 216.301, F.S., in
the successful completion of each deliverable outlined in Attachment A and defined
in the PSAP Upgrade implementation contract. Funds provided shall not exceed the
amount specified in Section 9; Funding, and Exhibit 1, Audit Requirements, of this
Agreement.-
G.
greement:G. Funds provided to a Rural Recipient via rural payment shall only be used for
expenditures directly related to Recipient's PSAP Upgrade implementation contract
as specified in the Agreement.
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RYAN L. BUTLER, CLERK
H. The Recipient shall provide additional reports and information identified in
Attachment I, Request for Payment to Rural Community or Rural Area of
Opportunity, as requested by the Department's Grant Manager.
(12) RECORDS
A. Pursuant to section 20.055(5), F.S., the Recipient and its subcontractors (if any)
understand- and shall comply with their duty to cooperate with the Department's
Inspector General in any investigation, audit, inspection, review, or hearing.
B. As required by section 215.97, F.S., and Florida Administrative Code Rule 691-5.006,
.the Department, the Chief Inspector General for the State of Florida, the Florida
Auditor General, or any of their authorized representatives, shall enjoy the right of
access to any documents,financial statements, papers, or other records of the
Recipient which are pertinent to this Agreement, in order to make audits,
examinations, excerpts, and transcripts. The right of access also includes timely and
reasonable. access to the Recipient's personnel for the purpose of interview and
discussion related to such documents.
C. The Recipient shall maintain any books, records, or documents for the Recipient and
for all subcontractors to be paid from funds provided under this Agreement, in
accordance with generally accepted accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the Department
under this Agreement, in a form sufficient to determine compliance with the
requirements and objectives of this Agreement, and all other applicable laws and
regulations.
Q. The Recipient will retain sufficient records demonstrating its compliance with the
terms of this Agreement for the longer of, -a period of at least five (5) years from the
date the audit report. is issued, or the period required by the General Records
Schedules maintained by the Florida Department of State, available at:
https:Hdos.mvflorida.com/library-archives/records-management/general-records-
schedules/. The Recipient shall allow the Department, or its designee, DFS, or
Auditor General access to such reports upon request and shall ensure that audit
working papers are made available upon request by the Department or its designee,
Chief Financial Officer, or Auditor General, for a period of three (3) years from the
date the audit report is issued unless extended in writing by the Department.
E. In accordance with section 216.1366, F.S., the Department is authorized to inspect
the: (a) financial records, papers, and documents of the Recipient that are directly
related to the performance of this Agreement or the expenditure of state funds; and
(b) programmatic records, papers, and documents of the Recipient which the
Department determines are necessary to monitor the performance of the Contract
or to ensure that the terms of this Agreement are being met. The Recipient shall
provide such records, papers, and documents requested by the Department within
10 Business Days after the request is made.
(13) PUBLIC RECORDS
A. The Recipient is required to comply with the State of Florida's Public Records Law,
which provides a right of access to the records of the state and local governments.
The Recipient shall:
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i. Keep and maintain public records required to perform the services
contemplated in this Agreement;
ii. Upon request from the Department's custodian of public records, provide the
Department with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does -not exceed the
cost provided in Chapter 119, F.S., or as otherwise provided by law;
iii. Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law for the
duration of the contract term and following the completion of the Contract if the
Recipient does not transfer the records to the public agency;
iv. Upon completion of the Contract, transfer, at no cost, to the Department all
public records in possession of the Recipient or keep and maintain public
records required by the Department to perform the service. If the Recipient
transfers all public records to the public agency upon completion of the
Agreement, the Recipient shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
If the Recipient keeps and maintains public records upon completion of the
Agreement, the Recipient shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
Department, upon request from the Department's custodian of public records,
in a format that is compatible with the information technology systems of the
Department; and
V. IF THE RECIPIENT HAS (QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F.S., TO THE
RECIPIENT"s DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO. THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE
NUMBER, EMAIL ADDRESS AND MAILING ADDRESS
PROVIDED IN SECTION 3, CONTACT, OF THE
AGREEMENT
B. The Department 'reserves the right to unilaterally cancel this Agreement if the
Recipient refuses to allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, F.S., which the Recipient created
or received under this Agreement.
(14) AUDITS
A. In the event the Recipient expends $750,000.00 or more in-state financial
assistance during its fiscal year, the Recipient must have a State single or project -
specific audit conducted in accordance with section 215.97(2)(a), F.S.; applicable
DFS rules; and Chapter 10.550, Rules of the Auditor General.
B. In connection with the audit requirements, the Recipient shall ensure that the audit
complies with the requirements of section 215.97, F.S. This includes submission of
a financial reporting package as defined by section 215.97, F.S., and Chapter
10.550, Rules of the Auditor General.
The Recipient shall send copies of reporting packages required under this
paragraph directly to each of the following:
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The Department of Management Services
Office of the Inspector General
4050 Esplanade Way_, .
Tallahassee, Florida 32399-0950
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
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RYAN L. BUTLER, CLERK
C. If Recipient expends less than $750,000.00 in state financial assistance in its fiscal
year (for fiscal years ending September 30, 2004, or thereafter), an audit conducted
in accordance with the provisions of -section 215.97(2)(a), F.S., is not required. In
the event that Recipient expends less than $750,000.00 in state financial assistance
in its fiscal year and elects to have an audit conducted in accordance with the
provisions of section 215.97(2)(a), F.S., the cost of the audit must be paid from the
nonstate entity's resources (i.e., the cost of such an audit must be paid from the
Recipient's resources obtained from other than State entities).
D. This section does not limit the authority of the state awarding agency to conduct or
arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any -State' awarding agency inspector general,
the Auditor General, or any other state official.
E. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable
for reimbursement to the Department of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the
Department has notified the Recipient of such non-compliance.
F. The Recipient shall have all -audits completed by an independent auditor, which is
defined in section 215.97(2)(i), F.S., as "an independent certified public accountant
licensed under chapter 473" and conducted in accordance with section 215.97,
F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550,
Rules of the Auditor General. The independent auditor shall state that the audit
complied with the'applicable provisions noted above.
G. Upon completion of the audit, a copy of the audit report and financial reporting
package must be received by the Department and the Auditor General no later than
nine (9) months from the end of the Recip'ient's fiscal year.
(15) REPORTS
A. The Recipient shall provide the Department's Grant Manager with quarterly reports
and an administrative closeout report as provided in Attachment E, Quarterly
Report, and Attachment H, Final Administrative Closeout Report. These reports
shall include the current status and progress of the Recipient and its Contractor(s)
and subcontractor(s) in completing the work described in Attachment A, the
expenditure of funds under this Agreement, and any other information requested
by the Department.
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RYAN L. BUTLER, CLERK
B. Quarterly reports are due to the Department no later than thirty (30) days after the
end of each quarter of the program year. They shall be sent each quarter after
execution of this Agreement until submission of Attachment H. The ending dates
for each quarter of the program year are March 31, June 30, September 30, and
December 31.
C. The completed Attachment H is due sixty (60) days after the termination of this
Agreement or sixty (60) days after completion of the activities contained in this
Agreement, whichever first occurs.
D. If all required reports and copies are not sent to the Department or are not
completed in a manner acceptable by the Department,, the Department may
withhold further payments until they are completed or may take other action as
stated in Section 19, Remedies. 'Acceptable, by the Department" means that the
work product was completed in accordance with the terms in Attachment A.
E. The Recipient shall provide additional program update information identified in
Attachment E, Quarterly Report, or information that may be required by the
Department.
F. The Recipient shall : provide additional reports and information identified in
Attachment D, Request for Reimbursement of Funds, as requested by the
Department's Grant Manager.
(16) MONITORING
A. The Recipient shall monitor its performance under this Agreement, as well as that
of its Contractor(s), subcontractor(s), and/or consultants who are paid from funds
provided under this Agreement, to ensure that time schedules are being met, the
schedule of deliverables and Scope of Work are being accomplished within the
specified time periods, and other performance goals are being achieved. In
addition, the Recipient shall perform a review of each function or activity in
Attachment A of this Agreement and of the activities reported in the quarterly
reports.
B. In addition to reviews of audits, monitoring procedures may include, but shall not
be limited to, on-site visits by Department staff, limited scope audits, and other
procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures and processes deemed appropriate by the Department. In the event
that the Department . determines that a limited scope audit of the Recipient is
appropriate, the Recipient- agrees to comply with any additional instructions
provided by the Department to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Florida Chief Financial Officer
or Auditor General. In addition, the Department will monitor the performance and
financial management of. the Recipient throughout the Agreement term.
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HYAN L. BUTLER, CLERK
(17) LIABILITY
A. The Recipient is solely responsible to parties it deals with in carrying out the terms
of this Agreement and, subject to the limitation of section 768.28, F.S., Recipient
shall hold Department harmless against all claims of whatever nature by third
parties arising from work performed, under this Agreement.
B. Recipient, a subdivision as defined in. section 768.28, F.S., agrees to be fully
responsible forits. negligent or tortious acts or omissions which result in claims or
suits against the Department and -agrees to be liable -for any damages proximately
caused by the .acts or omissions to the extent set forth in section 768.28, F.S..
Nothing in this Agreement is intended to serve as a waiver of sovereign immunity
by any Recipient to which sovereign immunity applies. Nothing in this Agreement
may be construed as consent by -a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(18) DEFAULT
If any of the following events occur ("Events of Default'), all obligations on the part of
the Department to make any further payment of funds shall, if the Department elects,
terminate and the Department has the option.to exercise any of its remedies set forth
-herein. However, the Department may make payments or partial payments after any
Events of Default without waiving the right- to exercise such remedies and without
becoming liable to make any_further payment:
A. If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Department is or becomes false or misleading in any
respect.
B. If the Recipient fails to keep or perform any of the obligations, terms, or covenants
in this Agreement with the Department and has not cured them in a timely fashion
or is unable or unwilling to meet its obligations under this Agreement.
C. If material adverse changes occur,in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse
change within thirty (30) days from the date written notice is sent by the
Department.
D. If anyreports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect,_ incomplete, or insufficient
information.
E. If the Recipient has failed to -perform and complete on time any of its obligations
under this Agreement. .
(19) REMEDIES
If an Event of Default occurs, then the Department shall provide a written notice to the
Recipient and may exercise any one: or more of the following remedies, either
concurrently or consecutively:
A. Terminate this Agreement pursuant to the terms in Section 20, Termination, of this
Agreement;
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" { RYAN L. BUTLER, CLERK
B. Withhold or suspend the payment of all or any part of a request for reimbursement
or rural payment until the Recipient" cures the event of default identified in the
written notice;
C. Exercise any corrective or remedial actions, including but not limited to:
L Request Recipient cure the default;
ii. -Request additional -information from -the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
iii: Issue a written warning to advise that more seriods'measures may be taken if
the situation is not corrected;
iv. Advise the Recipient to suspend, discontinue, or refrain from incurring costs
for any activities in question; -or,
v. - Require the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible.
D. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will- not stop the Department from pursuing any
other remedies in this Agreement or provided at law or inequity. If the Department
waives any right or remedy,in this-Agreement'or fails to insist on strict performance by
the Recipient, it will not affect, extend orwaive any other right or remedy of the
Department, or affect the later exercise of the same right or remedy by the Department
for any other default by the Recipient.
(20) TERMINATION
A. If the performance of the Contractor is not in compliance with the Agreement
requirements,- the Department may:
i. Unilaterally terminate this Agreement for cause after ten (10) days of a written
notice of the termination,
ii.- Notify the Contractor of the non-compliance and require- correction within a
specified time; otherwise, the Contract will terminate at the end of such time;
or
iii. Take other action deemed appropriate by the Department.
The notice shall be effective when placed in the United States, first-class mail,
postage prepaid, by registered or certified mail return receipt requested, to the
address in Section 3, Contact, herein.
B. - The Department may unilaterally terminate this Agreement for Recipient's refusal
to permit public access to any document, paper; letter; or other material subject to
disclosure under Chapter 119, F.S., as amended, unless exempt from section
24(a) of Article I of the State Constitution and section 119.071, F.S., or applicable
State or federal law.
C. The Department may unilaterally terminate this- Agreement for convenience by
providing the Recipient with thirty (30) calendar days prior written notice.
D. The parties may agree to -terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the
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effective date of the termination and the procedures for proper closeout of the
Agreement.
E. In the event that this Agreement is terminated, the Recipient shall not incur new
obligations for the terminated portion of the Agreement after the Recipient has
received the notification,of termination.
F. Upon notice of termination, the Recipient will cancel as many outstanding
obligations as possible. Costs incurred after -the receipt of. the termination notice
are disallowed. The, Recipient shall' not be: relieved of liability to the Department
because of any breach of Agreement by the Recipient. The Department may, to
the extent authorized by law, withhold. payments to the Recipient for the purpose
of set-off until the exact amount of damages due to the Department from the
Recipient, is determined exclusively by the Department
(21) RESULTING THIRD PARTY CONTRACT AND SUBCONTRACTS
A. The Recipient may contract with third parties to perform work in furtherance of
Recipient's PSAP Upgrade implementation contract. The Recipient will be fully
responsible for the satisfactory completion of all.work performed under any third -
party Contract(s).
B. With the Recipient's approval, the. -Recipient's Contractor may subcontract work
performed in furtherance of the PSAP Upgrade implementation contract, and the
Recipient's Contractor will be fully responsible for satisfactory completion of all
subcontracted work.
C. The Recipient agrees all Recipient contracts or subcontracts for which the State
Legislature is in any part a funding source shall contain language requiring
Contractor(s) .or subcontractors) who are paid from funds provided under this
Agreement (i) to be bound by the terms of this Agreement; (ii) be bound by all
applicable State, and federal laws and regulations including, but not limited to,
section 215.971, F.S. and Rule 691-5.006(2), FAC; and (iii) hold the Department
and Recipient harmless against all claims of whatever nature arising out of the
performance of work under this Agreement, to the extent allowed and required by
law.
D. All Recipient contracts or subcontracts for which the State Legislature is in any part
a funding source shall contain language to provide for termination with reasonable
costs to be paid for eligible contract work completed prior to the date the notice of
suspension or termination was received by the Recipient. Any cost incurred after
a notice of suspension or termination is received by the Recipient may not be
funded with funds provided under this Agreement unless previously approved in
writing by the Department. All Recipient contracts and subcontracts shall contain
provisions for termination for cause or convenience and shall provide for the
method of payment in such event.
E. The Recipient shall document in its Quarterly Report, Attachment E, the Contractor
and/or subcontractor's progress. in performing its work. under this Agreement. For
each Contractor or subcontractor,_the Recipient shall provide a written statement
to the Department as to whether that Contractor or subcontractor is a minority
business enterprise,.as defined in section 288.703, F.S.
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(22) ATTACHMENTS
A. All attachments and exhibits listed below are incorporated in their entirety into this
Agreement.
B. This Agreement has the following attachments:
Exhibit 1 --Audit Requirements
Attachment -A - Scope of Work and Budget
Attachment B — Program Statutes and Regulations
Attachment C — Statement of Assurances .
Attachment D - Requestfor Reimbursement of Funds
Attachment E — Quarterly Report
Attachment F— Warranties and 4 Representations
Attachment G — Certification Regarding Debarment
Attachment H — Final Administrative Closeout Report
Attachment I — Request for Payment to- Rural Community or Rural Area of
Opportunity (Rural Payment)
C. In the event of any of these documents conflict, the conflict will be resolved in the
following order of priority (highest to lowest):
Amendments to this Agreement in reverse order.
Attachment A
This Agreement and'Attachments B through I, in order.
(23) RETURN OF FUNDS
All refunds or repayments due to the Department under this Agreement are to be made
payable to the order of "Department of Management Services" and mailed directly to
the following address:
Department of Management Services
Financial Management Services
4050 Esplanade Way
Tallahassee, Florida 32399-0950
In accordance with section 215.34(2), F.S., if a check'or other draft is returned to the
Department for collection, the -Recipient shall pay the Department a service fee of
$15.00 or five percent (5%) of the face amount of the returned check or draft,
whichever is greater.
(24) 911 PROVISIONS
A. Pursuant to s. 365.177, F.S., the Department developed a plan to upgrade all 911
PSAP(s) within the state to allow -the transfer of an -emergency call from one local,
multijurisdictional, or regional 911 system to another local, multijurisdictional, or
regional 91-1 system in the state. Such transfer should include voice, text message,
image,'video, caller identification information, location information, and additional
standards-based 911 call information. The plan prioritized the upgrade of PSAP(s)
based on the population served by each PSAP, the capability of a jurisdiction or
region to modernize PSAP(s) beyond legacy 911 infrastructure, and the ability of
a jurisdiction or region to address interoperability between PSAP(s). The plan
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identified and addressed the projected .costs of implementing these transfer
capabilities.
B. The Legislature has appropriated $12,000,000 to the Department for the
implementation of the services outlined in the plan.
(25) MANDATED CONDITIONS
A. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient
in this Agreement, in any later submission or response to a Department request,
or in any submission or response to fulfill the requirements.of this Agreement. The
inaccuracy, of the submissions or any. material changes shall, at the option of the
Department and with, a .thirty (30) day written notice to the Recipient, cause the
termination of this Agreement and the release of the. Department from all its
.obligations to the Recipient.
B. This Agreement shall be construed under the laws of the State of Florida, and the
venue for any actions arising out of this Agreement shall be in the Circuit Court of
Leon County. If any provision of this Agreement is in conflict, with any applicable
.statute or rule or is unenforceable, then the provision shall be null and void to the
extent of the conflict and shall be severable but shall not invalidate any other
provision of this Agreement.
C. The Recipient is. hereby informed of the provisions of sections 287.133(2)(a),
287.134(2)(a), and 287.137(2)(a), F.S., that identify the impacts to the Recipient's
ability or its affiliates' ability to respond to the competitive solicitations of a public
entity; to be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity; to transact business with a public
entity. if it, or its affiliates, are placed on the Convicted Vendor, Discriminatory
Vendor, or Antitrust Violator Vendor Lists of the Department of Management
Services. The Recipient shall promptly notify the Department if it or its suppliers,
subcontractors, or consultants under this Agreement are placed on any such lists.
Those who have 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 leases 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 $35,000.00 for a period of
thirty-six (36) months from the date of being placed on the Convicted Vendor List
or on the Discriminatory Vendor List.
D. The Recipient shall send to the Department (by email) the completed Attachment
G, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion, for each intended contractor or subcontractor that which Recipient plans
to fund under this, Agreement.. The Attachment G form must be received by the
Department before the Recipient enters into a contract with any contractor or
subcontractor. Where a contract or purchase order has been executed prior to this
Agreement's effective date, the Recipient shall provide the Department with
documentation demonstrating its -obtained the necessary certifications
contemplated in Attachment G from its contractors and subcontractors. Pursuant
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to sections 287.135(5) and 287.135(3), F.S., Recipient agrees the Department
may immediately terminate the Agreement for cause if the subcontractor is found
to have submitted a false certification as provided under section 287.135(5), F.S.,
or has been placed on the Scrutinized .Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
or has been engaged in business operations in Cuba or Syria, or has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel.
E. The Recipient and -its subcontractors have an ` obligation to utilize the U.S.
Department of Homeland Security's (DHS) E -Verify system for all newly hired
employees in accordance with section 448.095; F.S. 'Byexecuting this Agreement,
the Recipient certifies that it is registered with, and uses, the -&-Verify system for
all newly hired employees in accordance with section 448.095, F.S. The Recipient
must obtain an affidavit from its subcontractors in accordance with paragraph
(5)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the
duration of the Agreement.
This section serves as notice to the Recipient regarding the requirements of
section 448.095,' F.S., specifically sub=paragraph (5)(c)1., and the Department's
obligation to terminate the-Contract'if it has a good faith belief that the Recipient
has knowingly violated section 448.09(1), F.S. If terminated for such reason, the
Recipient will not be eligible for award of a' public contract for at least one (1) year
after the date of such termination. The Department will promptly notify the
Recipient and order the immediate termination of the contract between the
Recipient and a subcontractor performing work on its behalf for this Contract
should the Department have a good -faith belief that the subcontractor has
knowingly violated section 448.09(1), FS.
F. Any state funds provided for the purchase of or improvements to real property are
contingent upon the contractor or political subdivision granting to the state a
security interest in the property at least to the amount of state funds provided for
at least 5 years from the date of purchase or the completion of the improvements
or as further required by law.
G. All expenditures of state financial assistance shall be in compliance with the laws,
rules, and: regulations applicable to expenditures of State funds, including but not
limited to the Regulations listed in Attachment C, Statement of Assurances.
H. The Agreement may be charged only with allowable costs resulting from
obligations incurred pursuant to section 216:301', F.S., during the term of the
Agreement.
I. Any balances of unobligated cash that have been advanced or paid that are not
authorized to be retained for direct program costs in a subsequent period must be
refunded to the Department'.
J. The Recipient shall remain obligated to return to Department any funds expended
that do not comply with the terms and -conditions of this Agreement.
K. The Recipient shall remain obligated to return to Department .any funds paid in
excess of the amount to, which the Recipient, is entitled under -the terms and
conditions of this Agreement.
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L. Funds refunded to Department from the Recipient for failure to perform as required
under this Agreement may be expended only in direct support of the Indian River
County PSAP Upgrade.implementation project.
M. The Recipient is hereby informed of the provisions of Chapters 273 and 274, F.S.,
which identifies recordkeeping and inventory of state-owned tangible personal
property, and such property owned by local governments. For requirements of this
section, nonexpendable property is the same as "property" as defined by sections
273.02 and 274.02(1); F.S.
All nonexpendable property purchases under this Agreement shall be listed on the
property records of the Recipient who shall be primarily responsible for the
supervision, control, and disposition of the property in accordance with applicable
law. Following the termination of this Agreement, the Recipient's use, retention,
control, and disposition of this property shall be in accordance with applicable laws
and regulations
(26) LOBBYING PROHIBITION
A. In accordance with sections 11.062 and 216.347, F.S., funds received under this
Agreement are not to be used for the purpose of lobbying or used to directly or
indirectly influence legislation or any other official action by the Florida Legislature,
the judicial branch, or any state agency:• ' ' :•'I
B. The Recipient certifies, by its signature to this Agreement, that it.shall comply with
this provision.
C. The Recipient -shall ensure in any agreements with subcontractors where a
contractor or subcontractor receives payment under this Agreement, the terms
shall include this lobbying prohibition and shall require such subcontractors to
certify their compliance with this provision.
(27) PROMPT PAYMENT AND VENDOR OMBUDSMAN
Pursuant to section 215.422, F.S.; 6,D,epprtme ff has five (5) working days to inspect
and approve goods and services, unless this Agreement specifies otherwise. If
payment is not available within forty (40) days, measured from the latter of the date a
properly completed invoice is received by the Department, or the goods or services are
received, inspected, and approved, a separate interest penalty as described by section
215.422, F.S., will be due and payable in addition to the invoice amount. A Vendor
Ombudsman has been established within the Department of Financial Services and
may be contacted at 850-413-5516.
(28) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance
of this Agreement.
(29) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C and the Warranties and Representations incorporated in Attachment F.
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RYAN L. BUTLER, CLERK
IN WITNESS, THEREOF, the parties hereto have caused this Agreement,to be executed by
their undersigned officials, as duly authorized, and attest that they have read the above
contract and agree to the terms contained within it.
INDIAN RIVER COUNTY ycon?M!ss TATE OF FLORIDA, DEPARTMENT OF
,;��`• R 'IAGEMENT SERVICES
By: y
natu e -Author d County Offipcial iTgm Berger
puty Secretary, Business Operations
" �ti . ��;�� • off;
Title: Joseph E. Flescher, ChairrhW
coin.
Date: July 15, 2025
59-600-0674
Federal Identification Number
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY W
BY
*NUNIF 1 SHULER
NTYATTORNEY
THIS SPACE INTENTIONALLY LEFT BLANK
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
s3 .
D pUtYClerk
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, ._ ,-•F .t 1��I �. BUTLER, CLERK
EXHIBIT:1
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Management Services (Department)
to the Recipient:,may be subject to audits and/or monitoring by the Department, as described in this
section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits
as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the Recipient
agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by Department
staff to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer
(CFO) or, Auditor General
AUDITS
Part I: Federally Funded
This part is applicable if the Recipient is a state or local government or a nonprofit organization as
defined in 2 CFR §200.90, §200.64, and §200.70.
1. A Recipient that expends $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 - Audit Requirements. EXHIBIT A to this form lists the federal resources
awarded through the Department by this agreement., In determining the federal awards
expended in its fiscal year, the- Recipient shall consider all sources of federal awards,
including federal resources received from the Department. The determination of amounts
of federal awards expended should be in accordance with the guidelines established in 2
CFR §§200.502-503. An audit of the Recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the Recipient shall fulfill
the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A Recipient that expends less than $1,000,000 in federal awards in its fiscal year is not
required to have an audit conducted in accordance with the provisions of 2 CFR 200,
Subpart F - Audit Requirements. If the Recipient expends less than $1,000,000 in federal
awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of 2 CFR 200, Subpart F-- Audit Requirements, the cost of the audit must be paid
from non-federal resources (i.e., the cost of such an audit must be paid from Recipient
resources obtained from other than federal entities).
1. Part II: State Funded In the event that the Recipient expends a total amount of state
financial assistance equal to or in excess of $750,000 in any fiscal year of such Recipient
(for fiscal years ending June 30, 2017, and thereafter), the Recipient must have a state
single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.;
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Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. Exhibit A to this form lists the state financial assistance awarded through
ther Department this agreement. In determining the state financial assistance -expended in
its fiscal year, the Recipient shall consider all sources.of state financial assistance', 'including
state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include federal direct or pass-through
awards and resources received by a nonstate entity for federal program matching
requirements.
2. For the.audit requirements addressed in Part II, paragraph 1, the Recipient shall ensure
that the audit. complies with the requirements of section 215.97(8), F.S. This includes
submission of a_ financial . reporting package as defined by section 215.97(2), F.S., and
Chapters 10.550' (local .governmental . entities) and 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
3. , If the Recipient expends less than $750,000 in state financial assistance in its fiscal
year (for fiscal years ending. June 30, 2017, and thereafter), an audit conducted in
accordance with the provisions. of section 215.97, F.S., is not required. If the Recipient
expends less than $750,000 in state financial assistance in its fiscal year and elects to have
an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the
audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must
be paid from the Recipient's resources obtained from other than state entities)..
Part III: Other Audit Requirements
NIA
Part IV: Report Submission`
1. Copies, of reporting packages for audits conducted in accordance with 2 CFR 200,
Subpart F - Audit Requirements, and required by Part I of this form shall be submitted, when
required by 2 CFR §200.512, by or on behalf of the Recipient directly to the Federal Audit
Clearinghouse (FAC) as provided in 2.CFR §200.36 and §200.512.
2. 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 entry system
may be found at the OMB website.
3. Copies of financial reporting packages required by Part II of this form shall be submitted
by or on behalf of the Recipient directly to each of the following:
a. The Department at each of the following addresses:
Electronic copies (preferred): ECBSubmissions@dms.fl.gov
or
Paper copies:
Bureau of Public Safety
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Department of Management Services
4030 Esplanade Way
Suite 135
Tallahassee, Florida 32399
b. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
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RYAN L. BUTLER, CLERK
The Auditor General's website (httos://flauditor.aov/) provides instructions for filing
an electronic copy of a financial reporting package.
4. Any reports, management letters, or other information required to be submitted to
the Department pursuant to this agreement shall be submitted timely in accordance with 2
CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities)
and10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
5. Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters
10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the Recipient in correspondence accompanying the reporting package.
Part V: Record Retention
The Recipient shall retain sufficient records demonstrating its compliance with the terms of the
award(s) and this agreement for a period of five (5) years from the date the audit report is issued, and
shall allow the Department, or its designee, the CFO, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the Department,
or its designee, the CFO, or Auditor General upon request for a period of five (5) years from the date
the audit report is issued, unless extended in writing by the Department.
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EXHIBIT 1-A
Federal Resources Awarded to the Recipient
Pursuant to this Agreement Consist of the Following:
1. Federal Program A.-
NIA
:N/A
2. Federal Program B:
N/A
Compliance Requirements Applicable to the Federal Resources
Awarded Pursuant to this Agreement are as Follows:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
State Resources Awarded to.the Recipient Pursuant to this Agreement Consist of the
Following:
Matching Resources,for Federal Programs:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Subject to Section 215.97, F.S.:
1. State Project A: Public Safety Answering Point Upgrades
State Awarding Agency: Florida Department of Management Services
Catalog of State Financial Assistance Title and Number: 72.021
Amount: 1208,418.54
2. State Project B:
N/A
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Compliance Requirements Applicable to State.Resources Awarded
Pursuant to this Agreement Are, as Follows:
The compliance requirements are as stated in Agreement No. DIMS -P1-25-07-17 between the
Recipient and the Department, entered in State Fiscal Year 2025-26.
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:.. ;;.„ ARYAN L. BUTLER, CLERK
Attachment A
SCOPE OF WORK AND BUDGET
1. BACKGROUND:
In State Fiscal Year 2024-2025, pursuant to appropriation line item #2971 of Chapter 2024-231,
Laws of Florida, the Department of Management Services (Department) was appropriated a $12
million non-recurring funding allocation to modernize emergency call centers across the state.
For State fiscal year 2025-2026, the Department has been appropriated funds from the Emergency
Communications Trust Fund, pursuant to Section 215. of SB 2500-(2025), using unexpended funds
provided to the Department from specific appropriation line item #2971 of Chapter 2024-231, Laws
of Florida, to fund Public Safety Answering Point (PSAP) Upgrades.
The funds will allow for PSAP upgrades to facilitate the transfer of an emergency call from one 911
system to another in the state in accordance with section 365.177, F.S.
2. TERM:
Funding will be available on July 1, 2025 and will expire on June 30, 2026. In accordance with
Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this
Agreement only for allowable costs resulting from obligations incurred during the period of this
Agreement.
3. PURPOSE:
The Department wishes to disburse the appropriated funds to Indian River County for the purpose
of implementing equipment and services for PSAP upgrades, in accordance with Section 215. of
SB 2500 (2025).
4. GENERAL DESCRIPTION OF THE SCOPE OF WORK:
This Agreement covers the procurement and installation of equipment, firewall, Emergency
Services Internet Protocol Network (ESlnet), next generation core services, call handling systems,
and associated non-recurring service costs necessary to upgrade PSAPs to Next Generation 9-1-
1 (NG911) capabilities. Additionally, it includes the implementation of Geographic Information
Systems (GIS) services and repositories necessary to support geospatial call routing. All PSAP
improvements within this scope of work must be consistent with the National Emergency Number
Association's (NEMA) NENA B Standard for NG911.
5. DELIVERABLES
5.1 RECIPIENT DELIVERABLES: Recipient will perform the following deliverables in the time
and manner specified:
5.1.1 Deliverable 1. Procurement: If not already executed, the Recipient shall execute a
contract or purchase order with a vendor responsible for producing equipment and
services to upgrade the PSAP(s) for Indian River County, no later than July 30, 2025,
unless given written permission by the Department in advance.
5.1.1.1 Provide the Department with an unredacted copy of the final procurement
documents and any related addendums. Procurement of commodities and
services shall be done in compliance with all local and State of Florida
procurement rules and laws and shall clearly set forth all vendor
requirements. Commodities and services not procured in accordance with
this requirement shall not be eligible for reimbursement.
5.1.1.2 Provide the Department with an unredacted copy of contract(s) or purchase
order(s) with the Recipient's vendor(s) for the purpose of upgrading the
Indian River County PSAP(s). The Recipient is responsible for ensuring
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that its contract, purchase order, or subcontract with the awarded vendor
for work under this Agreement complies with the terms in Section 20,
Termination, 'of the Agreement. The Recipient is also responsible for
ensuring the contract or purchase order require the awarded contractor
and/or subcontractor comply with the terms of this Agreement and all
applicable local and State. of Florida laws and regulations governing
procurement and receipt of state financial assistance, including, but not
limited to, obtaining all legally required affidavits and certifications from its
vendors. The Recipient shall ensure awarded vendor(s) systems are
interoperable with bordering counties, regions, and adjacent state lines,
and, if applicable, consistent with the NENA i3 Standard for NG911. The
Recipient shall execute an amendment to any contracts and/or purchase
-orders where necessary to comply with this provision.
5.1.1.3 Submit to the Department's Grant Manager a signed Attachment G,
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
.Exclusion, for any contractor or subcontractor performing work and receiving
funding under this Agreement. The form must be received by the Department
prior to executing a contract or purchase order or subcontract for work under
this Agreement. Where a contract or purchase order has been executed prior
to this Agreement's effective date, the Recipient shall provide the
Department with documentation demonstrating it obtained the necessary
certifications contemplated in Attachment G from its contractors and
subcontractors.
5.1.2 Deliverable 2. Improvement: No later than September 5, 2025, unless given written
permission by the Department in advance, the Recipient shall conduct, or cause to
be conducted, PSAP upgrades procured in .accordance with Recipient Deliverable
1. All purchases and installations shall be performed by the awarded vendor(s) in
accordance with the contract terms for the Indian River County PSAP Upgrade
project executed by the Recipient and its awarded vendor(s).
5.1.2.1 Document requests for reimbursement using appropriate reimbursement
attachment form. Ensure all requests for reimbursement for Recipient
Deliverable 2 contain detail sufficient for audit thereof and shall be
accompanied by all supporting documentation required for reimbursement
including, but not limited to, receipt of deliverable or service, copies of
purchase orders and paid vouchers, invoices, copies of check processing,
journal transfers.
5.1.3 Deliverable 3. Inspection: No later than August 15, 2026, the Recipient shall
conduct or cause to be conducted an inspection of the Indian River County PSAP
Upgrade performed to verify that the contract deliverables are met or exceeded in
accordance with the contract. If the contract has not been fully completed by the end
of this agreement, only those deliverables completed will be inspected.
5.1.3.1 Document the inspection and indicate whether the performance has met or
exceeded the PSAP upgrade project component(s) contract deliverables,
including any executed acceptance letters demonstrating completion of
deliverables, and submit to the Department no later than August 31, 2026.
5.1.4 Deliverable 4. Reporting: The Recipient shall report quarterly on the status of the
Indian River County PSAP Upgrade project work procured in accordance with
Recipient Deliverable 1. These reports shall include the current status and progress
of the PSAP Upgrade project contract deliverables, and the expenditure of funds
Page 2 of 4
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
under this Agreement. The quarterly reports and Final Administrative Closeout
Report will be submitted in accordance with Section 15 of the Agreement.
5.1.4.1 Timely submit Attachment E, Quarterly Report within 30 days of the end of
each quarter, and Attachment H, Administrative Close -Out Report, to the
Department's Grant Manager. Attachment H is due no later than sixty (60)
days after the termination of this Agreement or sixty (60) days after
completion of the activities contained in this Agreement, whichever occurs
first.
6. PERFORMANCE MEASURES:- Deliverables must be met af°the following minimum level of
performance:
6.1 Procurement. Execute a contract or purchase order with a Contractor responsible for
procuring commodities and services to provide Indian River County with the PSAP Upgrade
project as specified. Execute any necessary amendments to a contract or purchase order
to ensure compliance with the terms of this Agreement.
6.2 Improvement. Conduct, or cause to be conducted,'purchase and installation of 6 -compliant
equipment and services for PSAP upgrades.
6.3 Inspection.. Conduct or cause to be conducted. an inspection of the Indian River County
PSAP Upgrade project;. as specified. ,
6.4 Reporting. Prepare and submit the Quarterly Report and Administrative Close -Out Report
as specified.
7. FINANCIAL CONSEQUENCES
7.1 If the Recipient fails to comply with any term of this Agreement, then the Department shall
take one or more of the following actions, as appropriate in the circumstances:
7.1.1 -Temporarily withhold cash payments pending correction of the deficiency by the
Recipient;
7.1.2 Disallow all or part of the cost of the activity or action not in compliance with this
Agreement;
7.1.3 Wholly or partly suspend or.terminate the'current award for the Recipient; or,
7.1.4 Take other remedies that maybe legally available.
7..2 Additionally, the Department will provide no reimbursement or payment for any
improvement that does not meet or exceed the standards established in the Indian River
County PSAP Upgrade project contract.
8.
'DEPARTMENT TASKS
8.1 The Department will review documents to ensure compliance with the terms of this
Agreement in furtherance of monitoring the legislatively appropriated funds. Review of
project documentation shall . not be construed as an approval of the Recipient's project
contract terms and conditions.
8.2 The Department will not be responsible or liable -for Recipient obtaining i3 -compliant
equipment or services, or performance of any terms in Recipient's Contract with a vendor.
9. METHOD OF PAYMENT:
-9.1 The method of payment is cost reimbursement unless otherwise specified as an eligible
Rural Community or Rural Area of Opportunity Payment.
9.2 The Recipient will not receive payment in advance for goods or services described in this
scope of work.
9.3 The Recipient is responsible for the performance of all tasks_ and deliverables contained in
this scope of work.
Page 3 of 4
llktilf i M-6U®GET
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Amount Requested from the State in this $ 208,418.54
Appropriations Project Request.
Total $ 208,418.54
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Page 4 of 4
Attachment S
Program Statutes and Regulations
A TRUE COPY
C F RTIFICATION ON LAST PAGE
P;AN L. BUTLER, CLERK
This is a non -exhaustive list of statutes and regulations. The Recipient shall be aware of and
comply with all State and Federal laws, rules, policies, and regulations relating to its performance
under this Agreement.
Section 215.422, Florida Statutes
Payments, warrants, and invoices; processing time
limits; dispute limitation; agency or judicial branch
compliance
Section 215.97, Florida Statutes
Florida Single Audit Act
Section 215.971, Florida Statutes
Agreements funded with federal and State assistance
Section 216.181(16), Florida Statutes
Approved budgets for operations and fixed capital
outlay.
Section 216.301, Florida Statutes
Appropriations; undisbursed balances.
Section 216.347, Florida Statutes
Disbursement of grant and aids appropriations for
lobbying prohibited
Section 216.3475 Florida Statutes
Maximum rate of payment for services funded under
General Appropriations Act or awarded on a non-
competitive basis
Section 287.056, Florida Statutes
Purchases from purchasing agreement and state term
contract
Section 287.057, Florida Statutes
Procurement of commodities or contractual services
Section 288.005, Florida Statutes
Return on investment is synonymous with Economic
benefits, which means the direct, indirect, and induced
gains in state revenues as a percentage of the State's
investment.
Section 365.177, Florida Statutes
Transfer of 911 calls between systems
Chapter 273, Florida Statutes
State -Owned Tangible Personal Property
Chapter 691-72 Florida Administrative
State -Owned Tangible Personal Property
Code
Chapter 274, Florida Statutes
Tangible Personal Property Owned by Local
Governments
Chapter 691-73, Florida Administrative
Tangible Personal Property Owned by Local
Code
Governments
CFO MEMORANDUM NO. 20
Compliance Requirements for Agreements
CFO MEMORANDUM NO. 01
Contract and Grant Reviews and Related Payment
Processing Requirements
Chapter 691-5, Florida Administrative Code
STATE FINANCIAL ASSISTANCE
https://apps.fldfs.com/fsaa/compliance.aspx
Reference Guide for State Expenditures
Reference Guide for State Expenditures
http://www.mvfloridacfo.com/aadir/reference guide/
DMS -P1-25-07-17 Page 1 of 1
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ATRUE COPY
CERTIFICATION ON LAST PAGE
Attachment C RYAN L. BUTLER, CLERK
STATEMENT OF ASSURANCES
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
a) In receipt of the State funds, Recipient agrees to abide by all applicable local, State of Florida,
and federal regulations and laws.
b) No member, officer, or employee of the Recipient or its designees or agents, no member of
the governing body of the locality in which this program is situated, and no other public official
of the locality or localities who exercises any functions or responsibilities with respect to the
program during their tenure or for one year after, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds, for work be performed in connection with the
program assisted under this Agreement. The Recipient shall incorporate in all contracts or
subcontracts a provision prohibiting any interest pursuant to the purpose stated above.
c) Recipient will establish safeguards to prohibit employees from using positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
section 112.313 and section 112.3135, F.S.
d) Recipient will notify the Department promptly of any unusual existing condition which hampers
the Contractor's work.
e) Recipient or its contracted and/or subcontracted vendor will obtain all required permits.
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DMS -P1-25-07-17 Page 1 of 1
Attachment D
Request for Reimbursement of Funds
Prepare an itemized request for reimbursement expenditures in each budget category for each deliverable. Attach copies of purchase
orders and paid vouchers, invoices, copies of checks, journal transfers, and any other expenditure justifications which reflect the
deliverables provided during the reporting period. If there is insufficient space, please include details in an attachment.
Budget Categories
Project
Unit Price ($)
Request
I
Total Amount
Request
Previous
County:
Indian River
Name
PSAP Upgrade
Number:T
I Date:
Amount ($)
Budget Categories
Unit Price ($)
Quantity
Total Amount
Previous
Current Request
Deliverable Items
($)
Request
Amount ($)
Amount $
A. Systems (Hardware, Software,
Equipment & Labor)
B. Services (i.e. Training, Maintenance
and Warranty Items)
Reimbursement Request Total
Approximate amount of funding available (Percentage) %
Documentation Received
Signature of Authorized Official
Date
DMS -P1-25-07-17 Page 1 of 2
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A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Attachment D (Continued)
Request for Reimbursement of Funds
ITEMIZED LIST FOR REIMBURSEMENT REQUESTS
RECIPIENT: INDIAN RIVER COUNTY AGREEMENT #: DMS -P1-24-07-17
Recipient's
Reference No.
(Warrant, Voucher,
Claim check, or
Schedule No.)
Date of delivery of
articles, completion
of work, or
performance
services.
DOCUMENTATION
List documentation (Recipient's purchase order, signed inventory
receipt, and name of the vendor or contractor/subcontractor) by
category and line item in the approved project application and
give a brief description of the articles orservices.
Total Eligible
Costs
TOTAL
DMS -P1-25-07-17 Page 2 of 2
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAIJ L. BUTLER, CLERK
Attachment E
Quarterly Report
(1st Qtr. Jul 1 -Sep 30, 2nd Qtr. Oct 1 -Dec 31, 31 Qtr. January 1- March 31, 41h Qtr. April 1- June 30)
County: Indian River
Report Number:
Report.Date:
Project Status Update (include milestones completed, percentage completed, and schedule with
estimated dates for completion. Include the program outcomes achieved, including any positive return on
investments gained by this program):
Problems/Delays (Describe issues or circumstances affecting completion date, milestones, the scope of
work, and/or cost):
COSI Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget
Notes:
Signature of Authorized Official
Date
DIES -P1-25-07-17 Page 1 of 1
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
(1) Accurate, current, and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income, and interest.
(3) Effective control over and accountability for all funds, property, and other assets. The Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of
this Agreement.
(s) Cost accounting records that are supported by backup documentation.
Competition
Any procurement shall be done in compliance with all local and State procurement rules and laws and
done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest
as well as non-competitive practices among contractors that may restrict or eliminate competition or
otherwise restrain trade. In order to ensure excellent contractor performance and eliminate an unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of
work, invitations for bids, and/or requests for proposals shall be excluded from competing for such
procurements.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his -or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
DMS -P1-25-07-17 Page 1 of 1
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
ATTACHMENT G
Certification Regarding Debarment, Suspension,
Ineligibility _
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective Contractor or subcontractor of -Indian River County
certifies, by submission of this document, that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation by the State of
Florida. .
(2) In accordance with the requirements. of section 287.135(5), F.S., the
vendor certifies that it is not participating in a boycott of Israel and is not
on the State Board of Administration's "Quarterly List of Scrutinized
Companies, that Boycott Israel," available at
https://www.sbafla.com/governance/global-governance-mandates/: At
the Department's option, the .Contract may be terminated if the
Contractor is placed on,the Quarterly List of Scrutinized Companies that
Boycott Israel (referred to in statute as the "Scrutinized Companies that
Boycott Israel. List") or: becomes engaged in a boycott of Israel.
(3) If the goods or services to be provided are $1 million or more, in
accordance with the requirements of section 287.135, F.S., the vendor._
certifies it is not on the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List (collectively, "Scrutinized List of Prohibited Companies");
does not have business -operations in Cuba or Syria; and is not on the
State Board of. Administration's "Scrutinized_ List of Prohibited
Companies" available under the quarterly reports section at
hftps://www.sbafla.com/reporting
(4) The Vendor certifies it has completed,and provided an affidavit signed
by an officer or a representative of the Vendor under penalty of perjury
attesting that the Vendor does not use coercion for labor or services as
defined in section 787.06, F.S.
CONTRACTOR:
Company Name
Name and Title
Indian River County
Recipient's Name
DMS -P1-25-07-17
Department's Contract Number
DMS -P1-25-07-17 Page 1 of 1
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Attachment H
Final Administrative Closeout Report
(Due within sixty (60) days of completion of the activities contained in the Agreement or sixty (60) days after
termination of the Agreement.)
County:
Report Number:
Report Date:
Indian River
Project Status Update (include milestones completed, percentage completed, and schedule with
estimated dates for completion. Include the program outcomes achieved and if the product/service
meets/exceeds/does not meet the requirements/standards/service performance):
Problems/Delays (Describe issues or circumstances that affected completion date, milestones, the scope
of work, and/or any open issues):
Lessons Learned (State the lessons learned in terms of a problem or issue. Describe the problem, and
identify recommended improvements to correct a similar problem in the future):
DMS -P1-25-07-17 Page 1 of 1
Street Address
City, State, Zip
Signature
Date
THIS SPACE INTENTIONALLY LEFT BLANK
I TRUE COPY
-:RTIFICATION ON LAST PAGE
N L. BUTLER, CLERK
DMS -P1-25-07-17 Page 2 of 2
Attachment I
Request for Payment to Rural Community or Rural Area of Opportunity
(Rural Payment)
Prepare an itemized Request for Payment to Rural Community or Rural Area of Opportunity in each budget category for each deliverable
Attach copies of purchase orders, itemized invoices, and any other expenditure justifications which reflect the deliverables provided
during the reporting period. If there is insufficient space, please include details in an attachment.
Request Request
Reci lent: Indian River Project Name: PS Project Number: Date:
Budget Categories
Unit Price ($)
Quantity
Total Amount
Previous
Current Request
Deliverable Items
($)
Request
Amount ($)
Amount $
A. Systems (Hardware, Software,
Equipment & Labor)
B. Services (i.e. Training, Maintenance
and Warranty Items)
Request for Payment to Rural Community or Rural Area of
Oonortunitv Total
Approximate amount of funding available (Percentage) %
Documentation Received bv.
Signature of Authorized Official
Date
DMS -P1-25-07-17 Page 1 of 2
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A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Cost Status'- ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget
Notes:
Signature of Authorized Official
Date
DMS -P1-25-07-17 Page 2 of 2
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS ISATRUE AND CORRECT
COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
�„ RYAN L. BUTLER, CLERK
Attachment I (Continued)
Request for Payment to Rural Community or Rural Area of
Opportunity
ITEMIZED LIST FOR PAYMENT REQUESTS
RECIPIENT: INDIAN RIVER COUNTY AGREEMENT #: DMS -P1-25-07-17
Recipient's
Reference No.
(Warrant, Voucher,
Claim check, or
Schedule No.)
Date of delivery of
articles, completion
of work, or
performance
services.
DOCUMENTATION
List documentation (Recipient's purchase order, signed inventory
receipt, and name of the vendor or contractor/subcontractor) by
category and line item in the approved project application and
give a brief description of the articles or services.
Total Eligible
Costs
TOTAL
DMS -P1-25-07-17 Page 2 of 2