The URL can be used to link to this page

Item Q3M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: Q.3 Agenda Item Summary #2946 BULK ITEM: Yes DEPARTMENT: Project Management/ Facilities TIME APPROXIMATE: STAFF CONTACT: Cary Knight (305) 292 -4527 NA AGENDA ITEM WORDING: Approval of a Resolution supporting application to the Hazard Mitigation Grant Program (HMGP) and affirming the County's ability to provide local match funding in this program designed to help communities implement measures to reduce or eliminate long -term risk to people and property from natural hazards and their effects. HMGP grants provide 75% funding with Monroe County providing 25% matching funds. ITEM BACKGROUND: The Florida Division of Emergency Management announced the availability of HMGP funds as a result of the recent Presidential Disaster Declaration for Hurricane Matthew (FEMA 4283- DR -FL). The HMGP provides financial assistance to help communities implement measures to reduce or eliminate long -term risk to people and property from natural hazards and their effects. The HMGP grants will provide 75% funding with Monroe County providing 25% matching funds. Project Management has developed a list of applicable projects which is included in the backup. Currently, Marathon Gov. Center generator upgrades estimated at $175,000 and Harvey Gov. Center window upgrades ($1,500,000) are being submitted as the first candidates for funding by FEMA. The application timing is very tight and the applications are reviewed on a first come, first reviewed until funding is exhausted. If not funded by FEMA, the applications remain in the Local Mitigation Strategy (LMS) system to be funded as resources are available. A resolution of support for the County's matching share is required as a part of the application process. If awarded the grant must be approved along with the BOCC's appropriation of the County's match. This resolution expresses only the BOCC's intent to support the application and provide the match, if available in the County's budget. Actual allocation of the funds will be requested if, and when, an award is made. The amount of the match will be dependent on the project awarded. Use of possible HMGP grants will permit capital improvements at 25% of the cost of such improvements made with only County direct funding. Many of these improvements will be required in the future to ensure protection of County facilities. PREVIOUS RELEVANT BOCC ACTION: The County's Local Mitigation Strategy (LMS) was first developed in 1999, renewed in 2005, 2010 and 2015. Resolution 387 -2015 is the latest LMS which provides minimum HMGP eligibility. CONTRACT /AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approve. DOCUMENTATION: Resolution HMGP Grant stamped LMS- Project Management Prioritized 2017 NOFA - Matthew - DR- 4283 -FL FINANCIAL IMPACT: Effective Date: 5 -17 -2017 Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: TBD upon award Current Year Portion: N/A Budgeted: Source of Funds: TBD CPI: Indirect Costs: staff time Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Grant: HMGP County Match: 25% Insurance Required: N/A Additional Details: N/A If yes, amount: None REVIEWED BY: Doug Sposito Completed 04/28/2017 11:27 AM Chris Ambrosio Completed 04/28/2017 2:17 PM Budget and Finance Completed 05/08/2017 2:40 PM Maria Slavik Skipped 05/08/2017 12:51 PM Kathy Peters Completed 05/08/2017 2:48 PM Board of County Commissioners Pending 05/17/2017 9:00 AM RESOLUTION NO. -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONFIRMING THE COUNTY'S SUPPORT AND ABILITY TO PROVIDE THE LOCAL FUNDING SHARE NECESSARY TO IMPLEMENT THE FLORIDA DIVISION OF EMERGANCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM IN WHICH THE COUNTY ELECTS TO PARTICIPATE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Division of Emergency Management (FDEM) announced the availability of Hazard Mitigation Grant Program (HMGP) funds as a result of the recent Presidential Disaster Declaration for Hurricane Matthew (FEMA 4283- DR -FL); and WHEREAS, FDEM has established an application submission cycle and will accept grant applications for HMGP; and WHEREAS, the HMGP application submission period is February 8, 2017 through June 9, 2017; and WHEREAS, eligible applicants are all Local Governments, State and Regional Agencies, Indian Tribal Governments, Local Mitigation Strategy Working Groups, and Private Non - Profit Organizations of the State of Florida which meet minimum program eligibility; and WHEREAS, HMGP minimum program eligibility according to the Code of Federal Regulations (CFR) 44 Section 206.434(A) are state and local governments who have an approved Local Mitigation Strategy (LMS) in accordance with 44 CFR 201.6, prior to receipt of HMGP sub - grant funding projects; and WHEREAS, HMGP is a tiered grant program which provides financial assistance to help communities implement measures to reduce or eliminate long -term risk to people and property from natural hazards and their effects; and WHEREAS, HMGP funding is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act; and WHEREAS, under the HMGP, FEMA will contribute up to 75 percent of the total amount approved under the grant award to implement eligible, cost - effective mitigation measures and the applicant must provide the remaining 25 percent non - federal share; and WHEREAS, the Monroe County Board of County Commissioners supports measures to reduce or eliminate long -term risk to people and property from natural hazards and their effects; and WHEREAS, Monroe County is able to serve as a local sponsor and has the ability to provide the local funding share necessary to implement the HMGP in which the County elects to 1 participate; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY AS FOLLOWS: Section 1: Recitals. The recitations set forth above are hereby incorporated by reference herein. Section 2: The Board of County Commissioners of Monroe County ( "BOCC ") supports the Hazard Mitigation Grant Program of the Florida Division of Emergency Management, for which funding is requested from the State of Florida, subject to the County's regulatory authority and Code of Ordinances. Section 3: The BOCC affirms its ability to serve as local sponsor for such projects and is able to provide the appropriate local funding share to implement measures to reduce or eliminate long -term risk to people and property from natural hazards and their effects. Section 4: Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 17'' day of May, 2017. Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia J. Murphy (SEAL) Attest: KEVIN MADOK, Clerk wo Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 Mayor MONROE COUNTY ATTORNEY APPROVED AS O FORM CHRIS AMBROSIO ASSISTANT CO NTY ATTORNEY Date: t ;: LMS- Project Management Prioritized 2017 (2946 : Resolution for Hazard Mitigation Grant Program) MOnroe County Project Management Facilities Proposed Hazard Mitigation Projects Mitigation Project Title /ID Project Location Brief Description Point of Contact Hazards Goals Estimated Costs vey Government Center dow Replacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $1,500,000 i marteiio arainage rovements Monroe County enlarge drainage capacity Doug Sposito Flooding 1,4,6,9 $300,000 Provide permanent back up power C generator upgrade Monroe County to essential facility Doug Sposito Hurricane 1,4,6,7,13 $175,000 C Window replacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $650,000 vey Government Center Provide permanent back up power ierator upgrade Monroe County to essential facility Doug Sposito Hurricane 1,4,6,7,13 $175,000 Provide permanent back up power generator upgrade Monroe County to essential facility Doug Sposito Hurricane 1,4,6,7,13 $175,000 SO Window Replacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $450,000 building window lacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $450,000 :ourt House Window lacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $750,000 Window replacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $1,500,000 N seawall hardening Monroe County Reinforce concrete seawall Doug Sposito Hurricane 1,4,6 $850,000 st Martello seawall Bening Monroe County Reinforce concrete seawall Doug Sposito Hurricane 1,4,6,9 $500,000 N observation pier Bening Monroe County Reinforce wood pilings and deck Doug Sposito Hurricane 1,4,6,9 $175,000 West Library Window lacemet Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $425,000 West Fleet window lacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $125,000 point Park Flooding Monroe County Raise north end of park 18 inches Doug Sposito Flooding 1,4,6,9 $275,000 West DMV Window lacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 $75,000 rathon clerk /tax /sheriff Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 75,000 d annex window lacement Monroe County Replace all non impact windows Doug Sposito Hurricane 1,4,6 25,000 o building drainage Monroe County replace all roof scuppers Doug Sposito Hurricane 1,4,6,7,13 15,000 ;: LMS- Project Management Prioritized 2017 (2946 : Resolution for Hazard Mitigation Grant Program) MEMORANDUM Subject: Hazard Mitigation Grant Program Funding Summary Date: February 8, 2017 ED12MMIUMMIry The Florida Division of Emergency Management (the Division) is pleased to announce the availability of Hazard Mitigation Grant Program (H P) funds as a result of the recent Presidential Disaster Declaration for Hurricane Matthew (FEMA 4283-DR-FL). ARRHRRI!2n ii liln Applications are currently being accepted. The application period will close June 9 2017. Applications mailed to the Division must be postmarked on or before June 9, 2017. Hand -delivered applications must be stamped in at the Division no later than 5:00 p.m. EDT on June 9, 2017. The Division encourages potential applicants to submit complete applications before the close of the application period. Applications will only be accepted from eligible applicants as defined in the Minimum Program Eligibility section of this notice. -- - - - --- — ----------- - - — D I IS I S 1 0 IN H E A D IS U A R T E R 5 Tel: 850-413-9969 -.Fax: 860-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5Q—. MEMORANDUM February 8, 2017 Page 2 Please provide one original and two copies of the State of Florida Hazard Mitigation Grant Program Application and all appropriate attachments. The application and all other pertinent for may be obtained at the Division's website located at ........... Completed applications must be sent to the following address: ATTN Kathleen Marshall, Hazard Mitigation Grant Program Florida Division of Emergency Management Mitigation Bureau 2555 SKumar d Oak Boulevard Tallahassee, Florida 32399-2100 Minimum Pr am El ;. ility Eligible Applicants According to the Code of Federal Regulations (CFR) 44 §206.434(a), the following parties are eligible to apply for Hazard Mitigation Grant Program funds: Eligible Activities: Activities include mitigation projects that will result in protection of public or private property from natural hazards. Activities for which implementation has already been initiated or completed are not eligible for funding. Eligible projects include, but are not limited to, the following: MEMORANDUM February 8, 2017 Page 3 other project eligibility criteria as required by 44 CFR § 206.434(c); or generators that are an integral part of a larger eligible project. Ineligible Activities: The state will not consider funding requests for Eligibility Criteria - All projects submitted must meet minimum criteria to be considered for funding. An eligible project must: • Conform to the Florida State Hazard Mitigation Plan and the respective community's LM S • Conform to the funding priorities for the disaster, as established in the appropriate LM, • Demonstrate cost-effectiveness; Cost-Share Renuirarnents Applicants may use the Global Match concept as part of the 25-percent non-federal share. Global Match permits a potential applicant to meet the non-federal share match by receiving credit for state and/or local government funds that were committed to a MEMORANDUM February 8, 2017 Page 4 similar type of project{ j. These similar, non-federally funded projects must meet all of the HM GP eligibility requirements. This means that if Global Match is approved, the applicant may receive up to 100 percent federal share. Pre-Award Costs Prior to receiving a grant award, pre-award costs may be requested. Pre-award costs include items such as engineering, environmental study, permitting, and other "soft" costs associated with a construction project. Construction activities are not considered pre-award costs. Pre-award costs must be requested in writing. Guidelines for pre- award costs are included in Attachment A. Count Fundin Allocation These figures are shown in Attachment B and represent the estimated amount of HMGP funds currently available. HINGP funding is available only to those counties that have a current FEMA-approved LM S. Project applications will be considered only if (1) The application is accompanied by an endorsement by the LM S Chairperson or Vice-Chairperson stating that the project is included in the current LMS, and, (2) If more than one project is submitted, the endorsement indicates the prioritization. A sample project submission letter is shown in Attachment C. The Division will attempt to fund each submitted project in priority order until the county's allocation has been exhausted. In accordance with Florida Administrative Code (F.A.C.) 27P-22.006 the Division uses the following tiered allocation system up until the State application deadline with FEMA- MEMORANDUM February 8, 2017 Page 5 Tier 2 Any allocation remaining after all eligible projects in any declared county are funded shall be re-allocated to those counties included in the relevant Presidential Disaster Declaration whose allocation was not sufficient to fund all submitted eligible projects. The order of priority for re-allocating funds is detailed in Attachment D. Tier 3 In the event funds remain after the Tier 1 and Tier 2 processes, any remaining funds will be offered on a statewide basis as described in Attachment D. Please see Attachment D for a detailed explanation of funding tiers. FEMA notifies the State of HMGP funding availability at the following milestones: 1. Initial g0- ay Estimate , This is an early estimate only and not an actual commitment of funding by FE MA. Funding may increase or decrease based on actual disaster claims during the declaration period. These estimates are provided for planning purposes and to jump-start the HMGP application process. 2. Obli gation prior to 12 Months Prior to the 12-month lock-in, FEMA will only obligate funds up to 75% of any current estimate. This is to eliminate the risk over obligating funds for any given disaster in the event the 12-month lock-in is lower than initially estimated. It is important for potential applicants to recognize that HMGP funds are contingent upon FE 's reexamination of the disaster figures at the given time intervals. A county's funding allocation can increase or decrease after it has submitted an application. Technical Assistance MEMORANDUM February 8, 2017 Page 6 the allocation of funds or the project review and selection criteria, please call Bureau staff at one of the following numbers Program Eligibility (850) 815-4503 or (850) 815-4537 Environmental: (407) 856-5019 Engineering and Technical Feasibility (407) 856-5010 For additional information and technical assistance, please refer to FEMA's Hazard Mitigation Assistance Guidance document available at ................................................................................ To assist you in submitting qualified project applications, the Hazard Mitigation Grant Program Application and the following attachments are located on the Division website ...... ..................... . .. .. ... . .. . .... .................................................. ............ Attachment A. HM GP Program Guidance on Pre-award Cost and Form Attachment B Initial Estimate of Available H Funding Attachment C Sample LMS Project Submission Letter Attachment D. Florida Administrative Code 27P-22 Attachment E. Data Collection Worksheet Notice I Attachment A (o le CD U- Co C14 IN is U- 0 z E Guidance on Pre -award Cost Associated with HMGP Projects Pre -award costs are costs incurred by a sub - grantee before the grant was awarded. Any and all pre -award costs associated with an HMGP project must be incurred after the date of declaration of a disaster under which the project is proposed for funding (GAO 10 -129). All construction associated with an HMGP project must be incurred after approval by FEMA and after the State of Florida and the sub - grantee have executed a project contract. According to Webster's II New Riverside Dictionary Revised Edition, the word construction means "the act, process, or work of building." Breaking ground, installing a shutter, taking out a window to replace with impact glass, are all examples of "construction." FEMA may approve pre -award costs. These costs include study or research required to plan a construction project. Such activities may include engineering, modeling, permitting, environmental study, benefit -cost analysis, etc. These are soft costs and not to be confused with hard construction costs. Construction costs may not be included as pre -award costs. Pre -award costs must be factored into total project costs and included in the benefit -cost analysis calculations. The applicant may request pre -award costs any time after the disaster declaration. The request must be in writing and include the type of activity or activities proposed and estimated cost. All pre -award activity must clearly be associated with the applicant's proposed project. The State and FEMA will do a preliminary review of the request and may concur that the activities are necessary for the type of project envisioned or may consult with the applicant on an identified activity that the State or FEMA does not feel is necessary for a proposed project. Conversely, the State or FEMA may suggest additional study or research the applicant has not identified for a particular project. Review by the State and FEMA of pre -award activities may save money and time for the State, FEMA, and the applicant. Letters and documentation of all pre -award activities will need to be submitted to the State with the project application. Preliminary review by the State or FEMA of pre -award activities is no guarantee of eligibility or approval of the activities or the proposed project. FEMA will provide a written final determination on the pre -award request. An alternative is for the applicant to request approval of pre -award cost by letter attached to the project application. The request must include the type of activity or activities and costs incurred by the applicant. There is greater risk to the applicant with this alternative that incurred costs may not be considered eligible. If the proposed project meets all eligibility criteria and is approved by FEMA, then pre - award costs identified by the applicant prior to project submittal, or identified by the applicant in documentation attached to the application, will be considered project costs eligible for 75/25 reimbursement (same as other project costs). All pre -award costs are subject to an approved grant award and available funding. If funding is not available, even if pre -award costs are approved in writing, they will not be reimbursed and will be solely the responsibility of the applicant. REFERENCES General Accounting Office, Principles of Federal Appropriations Law, Volume II, January 2004 Excerpts from OMB Cost Principle Circulars: 2 CFR §200.458 - Pre -award costs are those incurred prior to the effective date of the Federal award directly pursuant to the negotiation and in anticipation of the Federal award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award and only with the written approval of the Federal awarding agency. 2 CFR §200.309 - A non - Federal entity may charge to the Federal award only allowable costs incurred during the period of performance (except as described in §200.461 Publication and printing costs) and any costs incurred before the Federal awarding agency or pass- through entity made the Federal award that were authorized by the Federal awarding agency or pass- through entity. 44 CFR §206.439(c) further explains the pre -award cost regulations as allowable costs under HMGP. 2 CFR §200 Subpart E lists the applicable cost principles for HMGP applicants including: governments, private non - profits, and educational institutions. DIVISION OF STATE OF FLORIDA EMERGENCY MANAGEMENT RICK SCOTT Governor HAZARD MITIGATION ASSISTANCE PROGRAM PRE -AWARD COST REQUEST FORM BRYAN W. KOON Director To request Pre -Award Costs, please complete this form and submit with your project application. All ELIGIBLE pre -award costs are subject to an approved grant award and availability of funding. If funding is not available or the project is not approved, pre -award costs will NOT be reimbursed and will be the sole responsibility of the applicant. If your project is approved and pre -award costs are eligible, the cost share for the reimbursement of these activities is up to a 75/25 split. Program: Name of Applicant: Project Title: Start Date for Pre -Award Activities: Pre -award costs associated with this request incurred prior to the date of declaration are NOT eligible. These costs include: study or research to plan project, engineering, modeling, permitting or environmental study. These costs must be reflected as a line item in the project budget. Construction costs should NOT be included. Construction activities may NOT begin until after a contract has been fully executed with the State for this project. Activity I Estimated Cost I Estimated Start Date Point of Contact Information: Name: Title: Agency: Address: Phone: Authorized Applicant Agent: Name: Signature: Title: Date: Email: DIVISION HEADQUARTERS Tel: 850 - 413 -9969 • Fax: 850 - 488 -1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.ora 2702 Directors Row Tallahassee, FL 32399 -2100 Orlando, FL 32809 - I Attachment B (o le CD U- Co C14 IN is U- 0 z E FEMA- 4283 -DR -FL 90 -Day Estimate $ 30,007,575.00 $ 10,002,525.00 Regular Projects 25% County HMGP Funding Match Required Bradford County $ 297,114.92 $ 99,038.31 Brevard County $ 2,530,633.00 $ 843,544.33 Broward County $ 297,114.92 $ 99,038.31 Clay County $ 297,114.92 $ 99,038.31 Duval County $ 2,133,288.09 $ 711,096.03 Flagler County $ 2,891,164.11 $ 963,721.37 Indian River County $ 437,838.87 $ 145,946.29 Lake County $ 297,114.92 $ 99,038.31 Martin County $ 297,114.92 $ 99,038.31 Nassau County $ 567,413.36 $ 189,137.79 Orange County $ 297,114.92 $ 99,038.31 Osceola County $ 297,114.92 $ 99,038.31 Palm Beach County $ 297,114.92 $ 99,038.31 Putnam County $ 1,196,447.74 $ 398,815.91 Seminole County $ 496,573.19 $ 165,524.40 St Lucie County $ 297,114.92 $ 99,038.31 St. Johns County $ 10,645,020.01 $ 3,548,340.00 Volusia County $ 6,435,162.32 $ 2,145,054.11 $ 30,007,575.00 $ 10,002,525.00 I Attachment C (o le CD U- Co C14 IN is U- 0 z E Date Mr. Miles Anderson, State Hazard Mitigation Officer Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Hazard Mitigation Grant Program (HMGP) applications for FEMA 4283 -DR- FL, Hurricane Matthew Dear Mr. Anderson, The County Local Mitigation Strategy (LMS) working group has approved by vote and prioritized the following projects for HMGP funding from this disaster. These projects align with our LMS goals and objectives as noted, and with the State's mitigation goals and objectives (in accordance with the Code of Federal Regulations 44§ 201.6.) The County LMS group therefore presents the projects below (or in the attachment) in the order in which they are to be considered for funding. FEMA 4283 -DR -FL Funding priority Project name or description Applicant Goal/ objective implemented Estimated federal share 1. Project name Applicant 3. B. (2) $000,000 2. Project name Applicant 1. A. (4) $000,000 3. Project name Applicant 2. B. (4) $000,000 Etcetera For further information or inquiry, please contact me at phone number and email. Sincerely, _, LMS Chair County LMS cc: I Attachment D (o le CD U- Co C14 IN is U- 0 z E CHAPTER 27P -22 HAZARD MITIGATION GRANT PROGRAM 27P- 22.001 Purpose 27P- 22.002 Definitions 27P- 22.003 Eligibility 27P- 22.004 LMS Working Groups 27P- 22.005 Local Mitigation Strategy 27P- 22.006 County Allocations and Project Funding 27P- 22.007 Application 27P- 22.001 Purpose. This chapter describes the processes for application, project selection and distribution of funds under the Hazard Mitigation Grant Program. Rulemaking Authority 252.35(2) (x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History New 2- 24 -02, Formerly 9G- 22.001. 27P- 22.002 Definitions. (1) "Adoption" means a resolution, ordinance or other formal action taken by the governing body of a county or municipality indicating agreement with and acceptance of the relevant Local Mitigation Strategy. (2) "Application" means the request for hazard mitigation funding as submitted to the Division of Emergency Management by an Applicant. (3) "Applicant' means a state agency, local government, Native American tribe or authorized tribal organization or private non- profit organization requesting hazard mitigation funding. (4 ) "FEMA" means the Federal Emergency Management Agency. (5) "Florida Hazard Mitigation Strategy" means Florida's version of the Hazard Mitigation Plan referred to in 44 C.F.R., Part 206, Subpart M and approved by FEMA. The Florida Hazard Mitigation Strategy (Rev. February 26, 2013) is hereby incorporated into this rule by reference. A copy may be obtained by contacting the Division of Emergency Management. (6) "Hazard" means a condition that exposes human life or property to harm from a man-made or natural disaster. (7) "Hazard Mitigation" means any action taken to reduce or eliminate the exposure of human life or property to harm from a man-made or natural disaster. (8) "Hazard Mitigation Grant Program", herein referred to as HMGP, means the program authorized under Section 404 of the Stafford Act and implemented by 44 C.F.R., Part 206, Subpart N, hereby incorporated by reference, a copy of which may be obtained by contacting the Division, which provides funding for mitigation projects as identified in the State Hazard Mitigation Strategy. (9) "Local Mitigation Strategy" or "LMS" means a plan to reduce identified hazards within a county. (10) "Project' means a hazard mitigation measure as identified in an LMS. (11) "Repetitive loss structures" means structures that have suffered two or more occurrences of damage due to flooding and which have received payouts from the National Flood Insurance Program as a result of those occurrences. (12) "Working Group" is the group responsible for the development and implementation of the Local Mitigation Strategy. Rulemaking Authority 252.35(2) (x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History New 2- 24 -02, Formerly 9G- 22.002, Amended 7 -18- 13. 27P- 22.003 Eligibility. (1) Eligible types of projects shall include, but not be limited to, the following: (a) New construction activities that will result in protection from hazards; (b) Retrofitting of existing facilities that will result in increased protection from hazards; (c) Elevation of flood prone structures; (d) Vegetative management/soil stabilization; (e) Infrastructure protection measures; (f) Stormwater management/flood control projects; (g) Property acquisition or relocation; and (h) Plans that identify and analyze mitigation problems and include funded, scheduled programs for implementing solutions. (2) In order to be eligible for funding, projects shall meet the following requirements: (a) Conform to the Florida Hazard Mitigation Strategy; (b) Conform to the funding priorities for the disaster as established in the LMS governing the project; (c) Conform to 44 C.F.R., Part 9, Floodplain Management and Protection of Wetlands, and 44 C.F.R., Part 10, Environmental Considerations, both hereby incorporated by reference, copies of which may be obtained by contacting the Division; (d) Eliminate a hazard independently or substantially contribute to the elimination of a hazard where there is reasonable assurance that the project as a whole will be completed; and (e) Be cost - effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a disaster. Rulemaking Authority 252.35(2) (x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History New 2- 24 -02, Formerly 9G- 22.003. 27P- 22.004 LMS Working Groups. Each county electing to participate in the HMGP must have a formal LMS Working Group and a current FEMA approved LMS. (1) Not later than the last working weekday of January of each year the Chairperson of the Board of County Commissioners shall submit to the Division a list of the members of the Working Group and its designated Chairperson and Vice - Chairperson. (2) The Working Group shall include, at a minimum: (a) Representation from various agencies of county government which may include, but not be limited to, planning and zoning, roads, public works and emergency management; (b) Representation from all interested municipalities within the county; and (c) Representation from interested private organizations, civic organizations, trade and commercial support groups, property owners associations, Native American Tribes or authorized tribal organizations, water management districts, regional planning councils, independent special districts and non -profit organizations. (3) The county shall submit documentation to show that within the preceding year it has issued a written invitation to each municipality, private organization, civic organization, Native American Tribe or authorized tribal organization, water management district, independent special district and non -profit organization, as applicable, to participate in the LMS working group. This documentation shall accompany the membership list submitted to the Division. (4) The Working Group shall have the following responsibilities: (a) To designate a Chairperson and Vice - Chairperson; (b) To develop and revise an LMS as necessary; (c) To coordinate all mitigation activities within the County; (d) To set an order of priority for local mitigation projects; and (e) To submit annual LMS updates to the Division by the last working weekday of each January. Updates shall address, at a minimum: 1. Changes to the hazard assessment; 2. Changes to the project priority list; 3. Changes to the critical facilities list; 4. Changes to the repetitive loss list; and 5. Revisions to any maps. Rulemaking Authority 252.35(2) (x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History New 2- 24 -02, Formerly 9G- 22.004, Amended 7 -18- 13. 27P- 22.005 Local Mitigation Strategy. Each LMS shall have the following components: (1) A description of the activities of local government and private organizations that promote hazard mitigation; a description of the policies, ordinances or programs that guide those activities; and any deficiencies in the policies, ordinances, and programs with recommendations to correct those deficiencies. (2) A description of the methods used to engage private sector participation. (3) A statement of general mitigation goals, with Working Group recommendations for implementing these goals, and estimated dates for implementation. (4) A description of the procedures used by the Working Group to review the LMS at regular intervals to ensure that it reflects current conditions within the County. (5) A hazard assessment to include, at the minimum, an evaluation of the vulnerability of structures, infrastructure, special risk populations, environmental resources and the economy to storm surge, high winds, flooding, wildfires and any other hazard to which the community is susceptible. (6) A statement of procedures used to set the order of priority for projects based on project variables which shall include technical and financial feasibility. (7) A list of approved projects in order of priority with estimated costs and associated funding sources. (8) A list of critical facilities that must remain operational during and after a disaster. (9) A list of repetitive loss structures. (10) Maps, in Geographical Information System (GIS) format, depicting hazard areas, project locations, critical facilities and repetitive loss structures. Rulemaking Authority 252.35(2) (x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History New 2- 24 -02, Formerly 9G- 22.005. 27P- 22.006 County Allocations and Project Funding. (1) The available HMGP funds shall be allocated to the counties included in the relevant presidential disaster declaration, as defined in Section 252.34(1), F.S., in proportion to each county's share of the federal disaster funding from the Public Assistance, Individual Assistance and Small Business Administration programs as of 90 days after the disaster declaration as reported by FEMA. (a) Eligible and submitted projects for each county included in the relevant presidential disaster declaration will be funded in order of priority as outlined in the LMS until the allocated funds are exhausted, or all eligible projects are funded, whichever occurs first. (b) Any allocation remaining after all eligible projects in any declared county are funded shall be reallocated to those counties included in the relevant presidential disaster declaration whose allocation was not sufficient to fund all submitted eligible projects in proportion to each county's share of unfunded projects. (2) If funds remain after all eligible projects under subsection (1) above have been funded, then they shall be applied to fund eligible projects submitted from counties not included in the relevant presidential disaster declaration on a first- come - first- served basis until all available funds are obligated. (3) Once a project has been selected for funding, the agreement between the applicant and the Division regarding the terms and conditions of the grant shall be formalized by contract. Rulemaking Authority 252.35(2) (x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History New 2- 24 -02, Formerly 9G- 22.006. 27P- 22.007 Application. (1) The following entities may apply for funding under the program: (a) State agencies and local governments; (b) Private non -profit organizations or institutions that own or operate a private non -profit facility as defined in 44 C.F.R., § 206.221(e), hereby incorporated by reference, a copy of which may be obtained by contacting the Division; and (c) Indian tribes or authorized tribal organizations. (2) The Division shall notify potential applicants of the availability of HMGP funds by publishing a Notice of Funding Availability in the Florida Administrative Register. (3) Applicants will have not less than ninety (90) days from the date of notification to submit project applications. The opening and closing dates will be specified in the Notice of Funding Availability. Applications mailed to the Division must be postmarked on or before the final due date. Hand- delivered applications must be stamped in at the Division no later than 5:00 p.m. (Eastern Time) on the final due date. (4) A letter shall accompany each application from the Chairperson or Vice - Chairperson of the LMS Working Group endorsing the project. The endorsement shall verify that the proposed project does appear in the current LMS and state its priority in relation to other submitted projects. Applications without this letter of endorsement will not be considered. (5) Applications must be submitted using Form No. HMGP, State of Florida Hazard Mitigation Grant Program Application (Effective Date: June, 2012), which is incorporated into this rule by reference, a copy of which may be obtained by contacting the Division or visiting www.floridadisaster.org. (6) If the Division receives an incomplete application, the applicant will be notified in writing of the deficiencies. The applicant will have thirty (30) calendar days from the date of the letter to resolve the deficiencies. If the deficiencies are not corrected by the deadline the application will not be considered for funding. (7) Applications are to be delivered or sent to: Division of Emergency Management Bureau of Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 ATTENTION: Hazard Mitigation Grant Program Rulemaking Authority 252.35(2) (x) FS. Law Implemented 252.311, 252.32, 252.35 FS. History New 2- 24 -02, Formerly 9G- 22.007, Amended 7 -18- 13. I Attachment E (o le CD U- Co C14 IN is U- 0 z E Data Collection Worksheet Notice If you are submitting project applications for the project types listed below, please follow the link for the appropriate data collection worksheet for that project. These worksheets will help ensure that the appropriate information is given to the state for that project, and will reduce the time it takes to complete the review of your application. • Acquisition /Elevation • Acquisition /Demolition • Drainage Improvements • Dry Flood Barrier • Flooding • Safe Room • Wildfire http: / /www.floridadisaster. org /Mitigation /Hazard /forms. htm