The Board proposes the rule amendment to update the incorporated application and a substantial rewrite of the rule language.

 

DEPARTMENT OF MANAGEMENT SERVICES

E911 Board

RULE NO.:RULE TITLE:

60FF1-5.003E911 State Grant Programs

PURPOSE AND EFFECT: The Board proposes the rule amendment to update the incorporated application and a substantial rewrite of the rule language.

SUMMARY: Update application and rule text.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: : During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 365.172(6)(a)11. FS.

LAW IMPLEMENTED: 365.172(6)(a)3.b., 365.173(2)(i), 365.172(9)(a), (b), (c) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew Matney, Chairman, E911 Board, 4030 Esplanade Way, Suite 135F, Tallahassee, Florida 32399-0950, or by email [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60FF1-5.003 E911 State Grant Programs.

The E911 Board State Grant program assists Florida counties with the installation of Enhanced 911 (E911), Phase II and Next Generation 911 systems.

(1) Eligibility. Any Board of County Commissioners in the State of Florida. In addition, a group of counties or a region may apply for a grant.

(2) Definitions.

(a) “Enhanced 911” (E911): means an enhanced 911 system or enhanced 911 service that is an emergency telephone system or service that provides a subscriber with 911 service and, in addition, directs 911 calls to appropriate public safety answering points by selective routing based on geographical location from which the call originated, or as otherwise provided in the state plan under section 365.171, F.S., and that provides for automatic number identification and automatic location-identification features.

(b) “E911 Maintenance”: Means the preventative, routine and emergency maintenance required by the State E911 Plan, in order to maintain the E911 System in operable working condition.

(c) “E911 System”: Means the Public Safety Answering Point equipment, in accordance with the State E911 Plan, including 911 call routing, processing, mapping and call answering communications equipment.

(d) “Next Generation 911” (NG-911): Means the designation for an advanced 911 emergency communications system or service that provides a communications service subscriber with 911 service and, in addition, directs 911 emergency requests for assistance to appropriate public safety answering points based on the geographical location from which the request originated, or as otherwise provided in the State E911 Plan under section 365.171, F.S., and that provides for automatic number identification and automatic location identification features and emergency data information through managed IP-based networks.

(e) “Public Safety Answering Point” (PSAP): means the public safety agency that receives incoming 911 requests for assistance and dispatches appropriate public safety agencies to respond to the requests in accordance with the state E911 plan.

(f) “Funding Source:” E911 State Grants are funded by Wireless, Prepaid Wireless, or combination of both categories.

(2)(3) General conditions.

(a) Each county applying for E911 State Grant funds shall complete and submit W Form 3A, “911 Grant Programs Application for the E911 State Grant Program,” revised October, 2020 02/2019, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address:

http://www.flrules.org/Gateway/reference.asp?No=Ref-10506, or

State of Florida E911 Board

ATTN: Administrative Staff

2555 Shumard Oak Blvd., Suite 260

Tallahassee, Florida 32399-0950

The applicant must provide the completed, signed Application Form, and associated quotes. The grant application must be postmarked or delivered by hand or email to: [e-mail] [e-mail] on or before the submission date specified in the E911 Board notification of a State E911 Program as published in the Florida Administrative Register.

(b) Procurement shall be based on the county’s purchasing requirements and the applicable State purchasing requirements, including section 112.061, F.S. Allowable costs for daily per diem shall not exceed $186.00.

(c) All grant applications shall be accompanied by at least one complete quote for equipment or services. Grant applications totaling $35,000.00 or more must be accompanied by at least three written substantiated competitive complete quotes from different vendors. Complete quote submittals shall include a detailed scope of work, all pages included in the vendor proposal, breakdown of all costs including equipment, service tasks and deliverables. The E911 Board will compare the three quotes to any existing state contract in order to determine appropriate funding. Any county that has made a good faith effort to obtain at least three competitive quotes and has not been able to obtain the quotes can request E911 Board review based on substantiated proof of request for quotes or posting of the request with documentation of the limited responses.

(d) If the grant application does not exceed the threshold amount of $195,000, the county can initiate a request for sole source funding. Sole source funding will be considered on a case-by-case basis. Justification for sole source funding shall be provided with the application. Sole source funding will be approved if provided in accordance with chapter 287, F.S., or with provision of a letter from the county’s purchasing department that the project is a sole source procurement based on the county’s purchasing requirements, which should be provided with the grant application.

(b)(e) Priorities for awarding of grants will be determined by the E911 Board. Grant priorities may be adjusted by the E911 Board and published with the grant application package three (3) months prior to the application submission date. The grant priority list is available as an addendum with the grant application at the start of each grant cycle. at the address shown in paragraph (3)(a).

(f) Grant funds will not be awarded to pay salaries and personnel related expenses.

(g) Should two or more counties jointly apply for a grant, the lead county will be required to complete and submit a grant application detailing the funds requested. The lead county is responsible for the funds. In addition, one combined grant application detailing the entire project and memorandum of understanding (MOU) or inter-local agreement of all counties involved shall be submitted. The combined grant application shall comply with General Conditions items 5.5 and 5.6. The lead county shall be responsible for payment of the vendors’ invoices and will submit the request for reimbursement to the Board.

(h) Grant funding shall be limited to eligible expenditures for one PSAP per county per grant cycle.

(i) Selective router equipment costs are limited to the primary PSAP system and are limited to one per grant cycle.

(j) Grant funds shall be provided no more than once a month on a cost reimbursement basis. To obtain reimbursement, Counties must submit:

1. Financial Reimbursement Expenditures Reporting Form (Appendix IV),

2. Copy of invoice, purchase order, or contract,

3. Certification that all invoiced items have been received and completed; and,

4. Copy of checks, journal transfers, paid vouchers, and other documents of payment.

(k) All E911 State Grant funds shall be accounted for separately from other grantee funds. Grant funds may be used only between the beginning and ending dates of the grant, unless an extension is authorized by the E911 Board. Extension of time will not be granted unless the county has executed a contract for the grant equipment and/or services, or demonstrates good cause for failure to execute a contract within twenty-four months of award. Good cause documentation shall include a new project timeline schedule. Grant extensions shall be limited to a maximum of one additional year when approved by the E911 Board.

(l) Upon written request and accompanying documentation justifying the need, a county may receive a progress disbursement with a completed Financial Reimbursement of Expenditures Reporting Form, with the vendor invoice, and county certification that the specific grant items including all tasks and deliverables included in the funding request are complete. Within 45 days of receipt of funding, the grantee shall submit verification of vendor payment.

(m) Grantee counties must submit quarterly reports to the E911 Board, summarizing the expenditures and status of the grant project. Quarterly reports shall include an updated Application Form #12, Budget/Quarterly Expenditure Report (item #12) and a completed Appendix III Quarterly Report Form. The reports are due 30 days after the end of the reporting period, which ends March 31, June 30, September 30, and December 31. Updated Grant Budget/Expenditure Forms, Quarterly Report Forms, Request for Change Forms, and Final Budget/Expenditure Report Forms and associated information should be emailed to [e-mail]. The Quarterly and Final Budget/Expenditure Reports will be considered late if not received by the E911 Board Staff prior to the next scheduled E911 Board Meeting after the due date. Quarterly Reports, and Change Requests shall be signed by the county 911 coordinator. Emailed reports from the county 911 coordinator shall be considered as meeting this signature requirement.

(n) A final report, Form #12, shall be submitted within 90 days of project completion. The County shall determine the project’s completion date to be either the final payment date or the initiation date of the warranty period.

(o) The County’s Board of County Commission Chairperson shall be notified when overdue Quarterly Reports, or final Budget/Expenditure Reports are not received before the next E911 Board meeting following the month after the end of the quarter in which they are due.

(p) Funding continuance will be based on timely submission of Quarterly Reports. The county shall remain obligated to return any funds expended that do not comply with the terms and conditions of the grant award.

(q) Grant awards will be withheld for any county that has a grant with a past-due Quarterly Report or past-due final documentation and closeout, of previous E911 Board grant awards.

(r) Property or Equipment obtained by a grant must be used consistent with the grant award. If a sale or transfer of such property or equipment occurs within five years after a grant ends, funds must be returned to the E911 Board on a pro rata basis, unless the property or equipment has become obsolete.

(s) through (t) re-designated (c) through (d) No change.  ­

(u) Funding application requests must include a scope of work that clearly establishes the tasks to be performed. The applications shall include all tasks that are required for successful completion of the project. The project shall be divided into quantifiable units of deliverables that shall be received and accepted in writing by the county before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable.

(v) re-designated (e) No change.

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.172(6)(a)3.b., 365.173(2)(i), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-27-10, Formerly 60FF-5.003, Amended 8-25-11, 9-2-12, 10-22-13, 8-31-14, 9-23-15, 5-31-16, 1-10-18, 6-26-19­,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: E911 Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: E911 Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 14, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 16, 2020