The Board proposes open for development to clarify application and related rule language.

 

DEPARTMENT OF MANAGEMENT SERVICES

E911 Board

RULE NO.:RULE TITLE:

60FF1-5.002Rural County Grants

PURPOSE AND EFFECT: The Board proposes open for development to clarify application and related rule language.

SUMMARY: To clarify application and related rule language.

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.

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: 365.173(2)(g), 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.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60FF1-5.002 Rural County Grants.

The E911 Rural County Grant program is a semi-annual grant program provided for the purpose of assisting rural counties, as defined by Section 365.172(3)(z), F.S., with the installation and maintenance of an Enhanced 911 (E911) system.

(1) Eligibility. Any Board of County Commissioners in the State of Florida, with a county population of fewer than 75,000 is eligible to apply.  Two or more rural counties may apply for a joint grant, but each county must complete and submit an individual Form 6A “County E911 Fiscal Information.”

(2) Definitions.

(a) “Enhanced 911” (E911): As defined by Section 365.172(3)(h), F.S., and as referenced in the State E911 Plan under Section 365.171, F.S.

(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): As defined by Section 365.172(3)(y), F.S., and as referenced in the State E911 Plan under Section 365.171, F.S.

(2) (3) General conditions.

(a) Each rural county applying for rural county grant funds shall complete and submit W Form 1A, “911 Rural County Grant Program Application” “Application for the E911 Rural County Grant Program,” revised            2/2016, 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-06889 or

State of Florida E911 Board

ATTN: Administrative Assistant

4030 Esplanade Way, Suite 135-F

Tallahassee, Florida 32399-0950

The applicant must provide the completed, signed Application Form, and the related procurement documents associated quotes., and the E911 Board Form 6A, “County E911 Fiscal Information,” incorporated in E911 Board Rule 60FF1-5.006, F.A.C. The grant application package must be postmarked or delivered by hand or email to: [e-mail] on or before April 1 or October 1 of each year, dependent on the spring or fall application period.

(b) Hosted 911 answering point call-taking equipment and network services, recurring network and circuit costs, equipment maintenance and warranty costs will not be funded on more than an annual basis. Warranty and maintenance costs shall be calculated to account for only the first year warranty and maintenance costs and shall not include upfront maintenance costs to reduce the yearly service amount.

(c) Equipment procurement shall be based on the county’s purchasing requirements and the applicable State purchasing requirements specified in Chapter 287, F.S., and the requirements of Section 112.061, F.S.

(d) Grant applications totaling $35,000.00 or more must be accompanied by at least three written substantiated competitive quotes from different vendors. 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.

(e) 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 shall be provided with this grant application.

(b) (f) Priorities for awarding of grants will be determined by the E911 Board. Grant priorities may be adjusted by the Board and published with the grant application package three 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), above.

(g) Equipment maintenance and warranty costs will not be funded on more than an annual basis.

(h) No grant money will be awarded to be used for the purpose of paying call takers’ salaries.

(i) Two or more rural counties may apply for a joint grant, but each county must complete and submit W Form 1A as requested and indicated.

(j) Grant funding shall be limited to eligible equipment maintenance and warranty costs for a primary PSAP and one other PSAP per county; either a primary, a secondary or a backup.

(k) Grant funds shall be provided on a cost reimbursement basis. Grant funds shall be deposited in a bank account maintained by the grantee county, and each grant shall be assigned a unique accounting code designation for deposits, disbursements, and expenditures. All E911 Rural County Grant funds in the account shall be accounted for separately from other grantee funds.

(l) Grant funding for 911 equipment shall be limited to eligible expenditures for a primary PSAP only.

(m) Upon written request and accompanying documentation justifying the need, a county may receive payment of funding with a completed 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 payment to the vendor.

(n) Grant awards may be terminated in whole or in part by the Board, with the consent of the grantee, in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. Grant awards may be terminated by the grantee upon written notification to the Board, detailing the reasons for such termination, the effective date, and return of all funding. Grant funds may be used only between the beginning and ending dates of the grant, unless an extension is requested and 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 twelve months of award. Grant extensions shall be limited to a maximum of one additional year when approved by the Board.

(o) Grantee counties must submit quarterly reports to the E911 Board, summarizing the expenditures and activities of the grant funds. 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 Reports, Quarterly Reports, Request for Change Forms, and Final Reports and associated information should be emailed to: [e-mail]. The quarterly and final reports will be considered late if not received by the Board Staff prior to the next scheduled Board Meeting after the due date. Quarterly reports, change requests and final reports shall be signed by the county 911 coordinator. Emailed reports from the county 911 coordinator shall be considered as meeting this signature requirement.

(p) At project completion, a final report shall be submitted based on the same reporting periods described in paragraph (3)(o). The County shall determine the final completion date based on the final payment date or the initiation date of the warranty period. Final supporting documentation including copies of all expenditures and corresponding invoices shall be submitted within 90 days of the final report.

(q) The county’s Board of County Commission Chairperson shall be notified when overdue quarterly reports or, final reports are not received before the next E911 Board meeting following the month after the end of the quarter in which they are due.

(r) Funding continuance will be based on timely submission of quarterly reports.

(s) 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 rural county grant awards.

(t) Responsibility for property and equipment obtained under a grant cannot be transferred under any circumstances. If a sale or transfer of such property or equipment occurs within five years after a grant ends, funds must be returned on a pro rata basis.

(u) Responsibility for grant funding and any failure to perform the minimum level of service required by the grant application and the application scope of work cannot be transferred under any circumstances from the County. Failure to perform the scope of work or expenditure of funds for other than allowable 911 costs as stated in the grant application shall require the county to return the awarded funds to the E911 Board.

(c) (v) The amount and availability of funds in the Trust Fund for allocation each year is subject to an annual appropriation by the Legislature. The E911 Board will adjust the funds awarded to a rural county based upon eligibility of requested items, published quotes, increased effectiveness of grant funds, minimum system requirements for performing the needed E911 function as specified in the State E911 plan, or documented factors provided in the grant application submission.

(3) (4) The Rural County Grant program will operate on the following two schedules:

(a) Spring Schedule:

1. Counties submit applications: by April 1;

2. E911 Board evaluates applications: April – May;

3. Board votes on applications at regularly scheduled meetings: April – June;

4. Board sends notification of award before June 30;

5. Implementation period: One year from the award notification letter date;

6. Expiration of the right to incur costs: Two years from the award notification letter date.

(b) Fall Schedule:

1. Counties submit applications: by October 1;

2. E911 Board evaluates applications: October – November;

3. Board votes on applications at regularly scheduled meetings: October – December;

4. Board sends notification of award before December 30.

5. Implementation period: One year from the award notification letter date;

6. Expiration of the right to incur costs: Two years from the award notification letter date.

Rulemaking Authority 365.172(6)(a)11. FS. Law implemented 365.173(2)(g), 365.172(9)(a), (b), (c) FS. History–New 12-7-08, Amended 10-19-09, 4-15-10, 10-27-10, Formerly 60FF-5.002, Amended 7-17-11, 2-7-12, 9-2-12, 1-30-14, 12-21-14, 9-23-15, 5-31-16 ,__________.                                  

 

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: June 16, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2021