Project Administration

PURPOSE: This rule establishes the process the board will use to administer approved 911 communications service projects. (1) Project Agreements. Approved applicants and their 911 services authorities must enter into project agreements with the board. The project agreements will contain the terms and conditions of the board’s award of financial assistance. For projects involving a loan, the project agreements will contain the interest rate, repayment amount, number of payments, and a repayment schedule determined by the board based on the total project costs, amount of the loan, amount of match in local funds, award priority areas addressed by the project, and purposes listed in section 650.330.4.(16), RSMo to be accomplished. The project agreements will require each eligible applicant’s 911 services authority to agree to repay on behalf of the eligible applicant, any portion of the loan transmitted directly to them or used to pay costs incurred on their behalf. (2) Fund Disbursement. The board will not disburse any financial assistance for any project until a project agreement has been fully executed, and it has received a written certification of approval, such as a resolution, of the project agreement from the applicants’ respective governing bodies or the applicants have demonstrated to the board’s satisfaction that no such approval is required. (3) Project Agreement Change Requests. 911 services authorities must obtain written approval of the board or its designee before making any material changes to an approved project. (A) 911 services authorities may request approval of the board or its designee for a material change to an approved project by submitting a written request by electronic mail to the electronic mail address in the project agreement or by certified or registered mail addressed to “Missouri 911 Service Board” at PO Box 2126, Jefferson City, MO 65102. (B) Requests must include a detailed explanation of the circumstances warranting the requested change. (C) The board or its designee, in its sole discretion, will determine all change requests on a case-by-case basis and advise the requestor in writing of the board’s decision. If a change request is denied, the writing will advise of the protest procedure in 11 CSR 90-1.050. (4) Extensions of Time. 911 services authorities may request extensions of the project completion deadline in their project agreement by submitting a written request by electronic mail to the electronic mail address in the project agreement or by certified or registered mail addressed to “Missouri 911 Service Board” at PO Box 2126, Jefferson City, MO 65102. (A) Requests must include a detailed explanation of the circumstances warranting extension of the project completion deadline. (B) Requests for extension must be received by the board at least forty-five (45) calendar days before the expiration of the current project completion deadline. (C) The board will not consider any request for extension of a project completion deadline that exceeds six (6) months. (D) The board or its designee, in its sole discretion, will determine all requests for extensions on a case-by-case basis and will grant a timely submitted first request for extension when the requestor demonstrates an inability to meet its project completion deadline despite a good faith effort to do so. Second and subsequent requests for extension will be viewed unfavorably and will only be granted when the board determines that substantial justification or extreme circumstances exist. (E) The board or its designee will notify the requestor of its decision in writing. If a request for extension is denied, the writing will advise of the protest procedure in 11 CSR 90-1.050. (5) Audits. The board will conduct audits as it deems appropriate. Applicants and 911 services authorities shall provide any information requested by the board and access to the project site. (6) Funding Change or Termination. The board reserves the right to reduce, suspend, or terminate the provision of financial assistance before or after execution of the project agreement due to a lack of funds, misrepresentations on the application, a failure to comply with the project agreement or applicable laws, or other conduct deemed inappropriate by the board. AUTHORITY: sections 650.330 and 650.335, RSMo Supp. 2020.* Emergency rule filed May 6, 2020, effective May 21, 2020, expired Feb. 25, 2021. Original rule filed May 7, 2020, effective Dec. 30, 2020. *Original authority: 650.330, RSMo 1997, amended 2017, 2018, 2019 and 650.335, RSMo 2018.