Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
E911 Board
RULE NO.: RULE TITLE:
60FF1-5.003: E911 State Grant Programs
PURPOSE AND EFFECT: The Board proposes a substantial rewrite of the rule to modify W Form 3A, “Application for the E911 State Grant Program” and to update the procedures for applying for the state grant program.
SUMMARY: The rule substantial rewrite of the rule will modify W Form 3A, “Application for the E911 State Grant Program” and to update the procedures for applying for the state grant program.
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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christopher Campbell, Director, Division of Telecommunications, Designee of Secretary for the Department of Management Services, E911 Board, 4030 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 60FF1-5.003 follows. See Florida Administrative Code for present text.)

60FF1-5.003 E911 State Grant Programs.

The E911 State Grant program is a grant program provided for the purpose of assisting State of Florida counties, as defined by Section 365.172(6)(a)3.b., Florida Statutes, 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.

(2) Definitions.

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

(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) “Government Accounting Standards Board” (GASB): Means the independent organization that establishes and improves standards of accounting and financial reporting for U.S. state and local governments.

(e) “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, Florida Statutes, and that provides for automatic number identification and automatic location identification features and emergency data information through managed IP-based networks.

(f) “Public Safety Answering Point” (PSAP): As defined by Section 365.172(3)(a), Florida Statutes, and as referenced in the State E911 Plan under Section 365.171, Florida Statutes.

(3) General conditions.

(a) Each county applying for E911 State Grant funds shall complete and submit W Form 3A, “Application for the E911 State Grant Program,” effective 8/1/2012, which is incorporated herein by reference and which may be obtained from the E911 Board office at the following address:

State of Florida E911 Board

ATTN: Administrative Staff

4030 Esplanade Way, Suite 160

Tallahassee, Florida 32399-0950

The applicant must provide one original of the pages for Application Form items 1 through 14 and the associated quotes for the grant application postmarked or delivered on or before November 1 of each year.

(b) The E911 Board will approve grants for leased equipment only if the applicant county can demonstrate that a lease agreement would be financially beneficial to the grant program as a whole.

(c) Procurement shall be based on the county’s purchasing requirements and the applicable State purchasing requirements, including Section 112.061, Florida Statutes. All travel and associated per diem costs proposed shall be in accordance with paragraph (3)(u).

(d) 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 and service 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.

(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, Florida Statutes, 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.

(f) 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).

(g) Recurring network and circuit costs, equipment maintenance and warranty costs will not be funded on more than the first year implementation period.

(h) No grant money will be awarded to be used for the purpose of paying 911 coordinators and call takers or other 911 personnel salaries and associated expenses.

(i) Two or more counties may apply for a joint grant, but each county must complete and submit W Form 3A as requested and indicated.

(j) Grant funding shall be limited (per grant cycle) to eligible expenditures for two PSAPs per county; either two primary or two secondary PSAPs or one primary and one secondary PSAP. Counties with only one consolidated PSAP in the county, with no other primary or secondary PSAPs, may be eligible for grant funding for one backup PSAP.

(k) Selective router equipment costs are limited to the primary PSAP system and are limited to one per county.

(l) Any county that requires Board of County Commissioner approval of the grant program funding, prior to commencement of the project, shall notify the E911 Board in Application Form item #10. Grant funds for approved grant applications will be held until the county provides written notification to the E911 Board of the Board of County Commissioners approval of the project prior to the funds being disbursed from the E911 Trust Fund.

(m) Grant funds shall be deposited in an interest bearing account maintained by the grantee county, and each grant shall be assigned a unique accounting code designation for deposits, disbursements, and expenditures. All E911 State Grant funds in the account shall be accounted for separately from other grantee funds. Accounting shall be consistent with GASB 31 financial reporting. Utilization of the earned interest funds shall be authorized through an approved Request for Change Form and expenditure documentation shall be included in the final report. Grant funds including accrued interest 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 twelve 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.

(n) 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 item #12 Budget/Expenditure Report 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. Earned interest shall be reported cumulatively and included with each quarterly report. Updated Grant Budget/Expenditure, Quarterly Report Forms, Request for Change Forms, and Final Report Forms and associated information should be e-mailed to E911Board-ElectronicGrantReports@dms.myflorida.com. The quarterly and final 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.

(o) At project completion, a final report shall be submitted based on the same reporting periods described in paragraph (3)(n). 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.

(p) The County’s Board of County Commission Chairperson shall be notified when overdue quarterly reports, final document and 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.

(q) 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.

(r) 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.

(s) 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 to the E911 Board on a pro rata basis.

(t) 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 county based upon the availability of funds, 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.

(u) The allowable grant funding for travel expenses is limited to the authorized amounts established in Section 112.061, Florida Statutes, and the Department of Financial Services Guidelines for State Expenditures. Allowable costs for daily per diem shall not exceed $186.00.

(v) Funding requests must include all necessary costs required for full implementation of the proposed solution including that of any third party. Should the county grant application request or grant award be less than the projected cost of the equipment or service, the county should provide verification of the ability to fund the difference. Pricing submitted cannot be contingent upon “yet to be” determined fees for products and services by the proposer or any other third party required for implementation.

(4)(a) The E911 State Grant program will operate on the following schedule:

(b) Schedule:

1. Counties submit applications: by November 1;

2. E911 Board evaluates applications: November– December;

3. E911 Board votes on applications at regularly scheduled meetings November – December;

4. E911 Board sends notification of award and issues checks to counties approved for funding: before January 30;

5. Implementation period: One year from receipt of award and funds;

6. Expiration of the right to incur costs: Two years from receipt of award and funds.

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,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: E911 Board
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Department of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 16, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 8, 2012