03/25/2025 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: April 4, 2025
TO: Julia Todd
911 Database Coordinator, MCSO
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 25, 2025 BOCC Meeting
The following item has been added to the record:
N1 Ratification to incorporate "Attachment A" within the 2024 PSAPs Funding
Agreement between the Department of Management Services (DMS) and Monroe County,
Florida, for receipt of$652,459.00 for Public Safety Upgrade Project DMS-Pl-24-07-12.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
Department of 4050 Esplanade Way
MANAGE ENT Tallahassee, FL 32399-0950
850-488-2786
SERVICES
We serve those who serve Florida Ron DeSantis,Governor
Pedro Allende, Secretary
STATE-FUNDED AGREEMENT
FOR
PSAP UPGRADE PROJECT
DMS-P1-24-07-12
BETWEEN
THE STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
AND
MONROE COUNTY
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STATE-FUNDED AGREEMENT
This State-Funded Agreement (Agreement) is between the Florida Department of
Management Services (Department), 4030 Esplanade Way, Tallahassee, Florida, 32399 and
Monroe County (Recipient), 1100 Simonton St., Suite 205, Key West, FL 33040.
The Department and Recipient agree as follows:
(1) AUTHORITY
A. The Department has been appropriated general revenue funds for the State fiscal year
2024-2025, specifically appropriation line item #2971, the nonrecurring sum of
$12,000,000 from the Emergency Communications Trust Fund, 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:
Sarah Mashburn
Grant Manager
4030 Esplanade Way
Tallahassee, Florida 32399
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(850) 414-2723
Sarah.Mashburn@dms.fl.gov
ii. The name and address of the Recipient's Agreement Manager responsible for the
administration of this Agreement is:
Julia Todd
911 Database Coordinator
2945 Overseas Hwy., Marathon, FL 33050
(305) 289-6035
jtodd@keysso.net
With copies of correspondence/reports sent to:
Christine Hurley, Monroe County Administrator
1100 Simonton St., Suite 205, Key West, FL 33040
County_Administrator@MonroeCounty-fl.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 may be 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.
(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 upon execution by both parties or
July 1, 2024, whichever is later and shall end on June 30, 2025, unless:
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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, 2025. 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 Legislative Appropriation line item #2971, Chapter 2024-231, Laws
of Florida, funds shall only be used to reimburse Recipient expenditures or pay for
allowable costs incurred by a Rural Recipient for Recipient's implementation of NGCS
Implementation.
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 $652,459.00.
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 performance measure, 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:
i. 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.
ii. 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.
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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 NGCS
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 NGCS Implementation 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, 2025.
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:
hLLp ,,//wEw..aylLgLEidacfo.com/docs-sf/accoun-ting-and-aud_i-tin -libraries/s�a�em
a encies/reference- aide-for-s�a�e-ex endi�ures. df.
G.Any travel expense bills are not permissible or allowable under this Agreement.
(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
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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 monthly 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-audit 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 NGCS
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, 2025.
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 NGCS Implementation contract. Funds provided shall not exceed the amount
specified in Section 9, Funding, and Exhibit 1, Audit Requirements, of this
Agreement.
F. Funds provided to a Rural Recipient via rural payment shall only be used for
expenditures directly related to Recipient's NGCS Implementation contract as
specified in the Agreement.
G.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.
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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.
D. 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:
h�� s://dos.m florida.com/librar -archives/records-mane emend/ eneral-records-
schedules/. The Recipient shall allow the Department, or its designee, DFS, or
Auditor Generalaccess 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:
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;
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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:
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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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 Recipient'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.
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
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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.
(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,
through assurances made by the Monroe County Sheriff's Office, 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, through
assurances made by the Monroe County Sheriff's Office, to be fully responsible for
its negligent or tortious acts or omissions which result in claims or suits against the
Department and agrees, through assurances made by the Monroe County Sheriff's
Office, 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.
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(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 any reports 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;
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:
i. 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 serious 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.
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Pursuing any of the above remedies will not stop the Department from pursuing any
other remedies in this Agreement or provided at law or in equity. If the Department
waives any right or remedy in this Agreement or fails to insist on strict performance by
the Recipient, it will not affect, extend or waive any other right or remedy of the
Department, or affect the later exercise of the same right or remedy by the Department
for any other default by the 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
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 NGCS Implementation contract. The Recipient, through assurances
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from the Monroe County Sheriff's Office,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 NGCS Implementation contract, and the
Recipient's Contractor will be fully responsible for satisfactory completion of all
subcontracted work.
C. The Recipient, through assurances made by the Monroe County Sheriff's Office,
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
subcontractor(s) 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, through
assurances made by the Monroe County Sheriff's Office, shall contain provisions
for termination for cause or convenience and shall provide for the method of
payment in such event.
E. The Recipient, through the Monroe County Sheriff's Office, 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, through the Monroe County Sheriff's Office, 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.
(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 — Request for Reimbursement of Funds
Attachment E—Quarterly Report
Attachment F—Warranties and 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)
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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 911 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
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,
through the Monroe County Sheriff's Office, 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
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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, through the Monroe County Sheriff's Office, 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, through the Monroe County Sheriff's Office, 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, through the Monroe County
Sheriff's Office, 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, through the
Monroe County Sheriff's Office, shall provide the Department with documentation
demonstrating it obtained the necessary certifications contemplated in Attachment
G from its contractors and subcontractors. Pursuant 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. By executing this Agreement,
the Recipient certifies that it is registered with, and uses, the E-Verify system for
all newly hired employees in accordance with section 448.095, F.S. The Recipient,
through the Monroe County Sheriff's Office, 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
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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), F.S.
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.
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 Monroe
County NGCS 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
DMS-P1-24-07-12 Page 16 of 17
'- Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394: :• i : : : : :' : • :
• • indirect) influence:leg islation:or any other official action b the Florida Le •islature, .
. . •• : the judicial branch., or•any state agency.. . . • . . . . .
• : •S. .The Recipient:certifies,:by its signature:to this.Agreement,that it shall:comply.with. . . :
. . : - : thisthjs proviiijit..
• : i• C. *The.Recipient:, through:assurances by the:Monroe County :Sheriffs Office, shall : i• •
. • ensureein apy'agreementS•with subcontractors where-a contractor or subcontractor
' receives ayment under this:A :reement,. the .ter.rips• Shalt include this••lobb in
. .• : . :- ' : : • prohibition and•shall'require such -subcontractors to..certify their compliance with : : •
• • . ' • •• this provision.; •• .
(27) -PROMPT:PAYMENT AND•VENDOR.OMBUDSMAN •• .
: _ Pursuant to section 2'15.422, F:.S.,the Department has five(5)working days to inspect- .• : . • . .
• • : • : • :• . • and .•approve goods•and. .services,• unless this Agreement•..specifies•otherwise.: If • H. i .•
: • : : :• : payment•ia.not.available within fprty.•(40):days,'measured from:the'latter.of the date a :• .
. . :' •' properly completed'invoice is received'by the Department :or the•goods.-or:services•are-
: : : H .' : . :• :received,. inspected, and approved,.•a separate interest penalty.as described by section .• . . - :. :.•
• - • . i : : -21 .422, F,S.,.-will•be due: and payable :in addition to the•it voipe:..amo:unt. .A Vendor :• • - ..
: • •• • :Ombudsman.-has been established::within:the*Department.of Financial..Services:and•- • . . • H. •
• 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..af-.*Assura.nces...incorporated•as : : : •
. Attachment•G and the Warranties and•Representations incorporated:in Attachment F.: : • . .
• . 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 ' : .
,•.cohtract and:'agree•to the terms contained within it. . - . • •
MONROE COUNTY::BOCC. : : STATE: OF:FLORIDA; DEPARTMENT:OF : • : • :
•• : K •MANAGEMENT:SERVICES: •: •
ilk a i • • • " 0o uSlpned•by:
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. • . 1 Did!-P1:-24-07-12. ; - : • • • Page 17 of 1 7- : _ - • .
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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
the 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 11, 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
N/A
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.
1. 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.
2. Copies of financial reporting packages required by Part 11 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): 911 Projects@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
The Auditor General's website (bl!.Ls.//flaiLicfitor.gov/) provides instructions for filing
an electronic copy of a financial reporting package.
3. Any reports, management letters, or other information required to be submitted to the
Department pursuant to this agreement shall be submitted timely in accordance with 2 CFR
§200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
4. Recipients, when submitting financial reporting packages to the Department for audits
done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550
(local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was delivered to
the Recipient in correspondence accompanying the reporting package.
Part V: Record Retention
The Recipient shall retain sufficient records demonstrating its compliance with the terms of the
award(s) and this 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:
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: $652,459.00
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. DMS-P1-24-07-12 between the
Recipient and the Department, entered in State Fiscal Year 2024-25.
THIS SPACE INTENTIONALLY LEFT BLANK
DMS-P1-24-07-12 Page 5 of 5
Attachment A
SCOPE OF WORK AND BUDGET
1. BACKGROUND:
The State of Florida has appropriated the Department of Management Services (the Department)
a$12 million non-recurring funding allocation to modernize emergency call centers across the state.
These funds come from the Emergency Communications Trust Fund (Laws of Florida, Chapter
2024-231) and will be used exclusively for the upgrade of Public Safety Answering Points (PSAPs)
during the 2024-2025 fiscal year.
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 upon execution by both parties or July 1, 2024, whichever is later and will
expire on June 30, 2025. 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 Monroe County for the purpose of
implementing equipment and services for PSAP upgrades, in accordance with the Laws of
Florida, Chapter 2024-231.
4. GENERAL DESCRIPTION OF THE SCOPE OF WORK:
This Agreement covers the costs incurred during the implementation of next generation core
services. All PSAP improvements within this scope of work must be consistent with the National
Emergency Number Association's (NENA) NENA i3 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 Monroe County, no later than November 30,
2024, 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
Monroe County PSAP(s). The Recipient is responsible for ensuring 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
Page 1 of 4
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 November 30, 2024, 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 Monroe County Sheriff's
Office NGCS Implementation project executed by the Recipient and its awarded
vendor(s).
5.1.1.4 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.
5.1.2 Deliverable 3. Inspection: No later than August 15, 2025, the Recipient shall
conduct or cause to be conducted an inspection of the Monroe County NGCS
Implementation 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.
5.1.2.1 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 29, 2025.
5.1.3 Deliverable 4. Reporting: The Recipient shall report quarterly on the status of the
Monroe County PSAP Upgrade project work procured in accordance with Recipient
Deliverable 1. These reports shall include the current status and progress of
the NGCS Implementation project contract deliverables, and the expenditure
of funds under this Agreement. The quarterly reports and Final
Administrative Closeout Report will be submitted in accordance with Section 15 of
the Agreement.
5.1.3.1 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)
Page 2 of 4
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 at 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 Monroe County with the NGCS
Implementation 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 i3-compliant
equipment and services for PSAP upgrades.
6.3 Inspection. Conduct or cause to be conducted an inspection of the Monroe County NGCS
Implementation 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 may be 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 Monroe
County NGCS Implementation 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.
10. LINE-ITEM BUDGET
Amount Requested from the State in this $652,459.00
Appropriations Project Request.
Page 3 of 4
Total $652,459.00
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Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
Attachment B
Program Statutes and Regulations
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
h�� s://a s.fldfs.com/fees/corn liance.as x
Reference Guide for State Expenditures Reference Guide for State Expenditures
ht ://www,ayll-¢Lri pfo.corn/aadir/reference__ ide/
DMS-P1-24-07-12 Page 1 of 1
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
Attachment C
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-P1-24-07-12 Page 1 of 1
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
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.
Project NGCS Request Request
County: Monroe County Name Implementation 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)
Call Routing Service with Location
Services and ESlnet—Non-Recurring
Costs
Call Routing Service with Location
Services and ESlnet—Monthly
Recurring Costs
Reimbursement Request Total
Approximate amount of funding available(Percentage) %
Documentation Received by:
Signature of Authorized Official Date
DMS-P1-24-07-12 Page 1 of2
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
Attachment D (Continued)
Request for Reimbursement of Funds
ITEMIZED LIST FOR REIMBURSEMENT REQUESTS
RECIPIENT: Monroe County AGREEMENT #: DMS-P1-24-07-12
Recipient's Date of delivery of DOCUMENTATION
Reference No. articles,completion List documentation(Recipient's purchase order,signed inventory Total Eligible
(Warrant,Voucher, of work,or receipt, and name of the vendor or contractor/subcontractor)by Costs
Claim check,or performance category and line item in the approved project application and
Schedule No.) services. give a brief description of the articles or services.
TOTAL
DMS-P1-24-07-12 Page 2 of 2
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
Attachment E
Quarterly Report
(1st Qtr. Jul 1-Sep 30, 2nd Qtr. Oct 1-Dec 31, 3rd Qtr. January 1-March 31, 4t" Qtr. April 1-June 30)
County: Monroe County
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):
Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget
Notes:
Signature of Authorized Official Date
DMS-P1-24-07-12 Page 1 of 1
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(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.
(6) 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, through the Monroe County Sheriff's Office, shall
have all current licenses and permits required for all of the particular work for which they are hired by
the Recipient, through the Monroe County Sheriff's Office.
DMS-P1-24-07-12 Page 1 of 1
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
ATTACHMENT G
Certification Regarding Debarment,
Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
I' le:niroe,, County ce„iroulillie„ 1 y dbimli li ')n of fti
ocuime„nt, that n6ithe it It r°oir Its pirllndlpals «tire,, Ipire„ e„ntly
debarred, Ipirolpo e„ f'oir debairimeni, declaired
lne llli lilUle„„ oir vokjr°tair'iilly excluded I1roirn IpairtlldipaOulie".n Il y the,
State of F loirli .
(2) 1n accoird once,, With the, ireqLjIre„ime„nt of
e„coulie:n "2 7.1 � �„ IF.., the,ve„r doer ceirfi-fies that It Is not
pairfidlpafing In a boycott of Il irae ll and i not on the,State
Boaird of Adimlln lstirafion's "(" uairte irly N.....li t of Scirufinlze„
Coimpanr les that Boycott l irae ll„" avalillaIble,, at
httIp :// ww. Il aIII«.coin,I/ (:)ve„irr"w r`wce,,/ Il(:)ll:a« I
e:eve,,irr°wance,...imandate„ /. At the, Depairtimer"Ws opoulie";n, the,
Contract may Ibe,, teirim�lnaied I the, Iw;e:ntiractoir Is placed
on the, (m uairte„irlly N.....li t of Scirufin lzedCoimparfies that
Boycott Il irae ll (ire„-I'e,,irire„d to In statute as the "ScirLi ir`fize„
Coimpanr les that Boycott l irae ll N.....li t") oir be„co ime„
engaged In a boycott of Il irae ll.
(3) I I the, goods oir seirvllces to Ibe,, Ipirov� l e„ «tire,, 1 imlilllllie:n oir
r ('.)ire„„ in accoirda ce,, With the, reqUlireiments of secfion
287.135, IF.., the, ve„r doer ceirfi-fies It Is not on the,
Scirufirfized Coimparfies With AcfiMlfies In Sudan N.....li t oir
the, Scirufirfized Coimpanr les With AcfiMlfies In the, Iliran
Fe„iriroirli im Se,Mctoir N.....li i (collle,Mc ive,Mlly„ "Scirufinlze„ N.....li t of
1:::1ir(:)Nlb:!ted Iw;oimlpar°wlie„ ")r does not have bu§lness
opeiraflons In Iw;ulba oir yir'iia; and i not on the, State
Boaird of Adimlln lstirafionIs "Scirutinize„ N.....li t of I1:::1ir(:)NUite,M
Iw;oimp«nr le " avalillaIble,, un e„ir the, quairte„irlly re„poiri
e„coulie:n at hit.III. ..:/d�vvv�v...§ba-fll��:..:. lrr dir p� lr!ii.n .r
Fhe " e„r doer ceirfi-fles It has coimpleted and pirov� l e„ an
I ldavlft slgned Il y an e:ffice„ir oir a re„Ipire„ e„r°wtaOulive,, of the,
" e„r doer un e„ir Ipenalty of Ipe„irJuiry attesfing that the,
" e„r doer does not use coe„irdie:n f'oir lab oir oir seirvices
de-fined In secfion 7 7.06, IF:.S.
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
CONTRACTOR:
Motorola Solutions Connectivity, Inc. Monroe County
Company Name Recipient's Name
Katharine Gard, NGCS Sales Director DMS-P1-24-07-12
Name and Title Department's Contract Number
500 W Monroe St. Ste. 4400
Street Address
Chicago, IL 60661
City, State, Zip
0
Signature
11/26/24
Date
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Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
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: Monroe County
Report Number:
Report Date:
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-P1-24-07-12 Page 2 of
Docusign Envelope ID:8C6B0251-AFD4-4F5C-9985-11510D283394
Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget
Notes:
Signature of Authorized Official Date
DMS-P1-24-07-12 Page 2 of