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Item O09 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting June 17, 2020 Agenda Item Number: 0.9 Agenda Item Summary #6954 REVISED BACKUP AY OF MEETING: Revised Agenda Item Wording, Item Background and Financial Impact;revised grant application attached. BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington (305) 289- 2524 1:30 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A Public Meeting for citizens and municipalities to provide input on an application for grant funds to harden Detention Center on Stock Island utilizing Community Development Block Grant - Mitigation, Critical Facility Hardening Program funding from the Florida Department of Economic Opportunity (DEO) funded through the Federal Housing and Urban Development Agency (HUD), after a duly noticed 20 day public comment period; after a 10 day public notice and Approval to submit grant application to DEO. ITEM BACKGROUND: Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing the destruction and significant flooding of low-lying areas throughout the Florida Keys. Congress appropriated $633 Million for the State of Florida in the aftermath of Hurricane Irma for the Community Development Block Grant - Mitigation (CDBG-MIT) Program. The Florida Department of Economic Opportunity developed an Action Plan and allocated $75 Million for the Critical Facility Hardening Program. This grant application requests CDBG-MIT funds to harden the detention center. DEO Program Parameters follow: • Critical Facility Hardening Program The Critical Faciliity Hardening Frograrmi will allow uniits of general local government (UL ,) and state agencies to harden critical buildings that serve a public safety purpose for local communities. This programs will enable local poliice, filre, shelters and local emergency management facilities and other designated critical facilities to better withstand the effects of the previously-identified hazard risks. Examples, of hardening against flood, fire, storms and coastal erosion include, but are not limited to, dry proofing, wet proofing, anchoring roof-mounted heating, shelters, ventilation and air-conditioning units and retrofittiing building exteriors with hazard-resistant materials in accordance wilth -natiional safety standards. The hardening program will encompass energy resiliency projects that help ensure that the most critical facilities in Florida communities, have access, to power throughout and foilowing an emergency whien local sources of power are down. Critical facilities include, but are, not limited to, potable, water facilities, waste water facilities, police departments, fire departments, hospitals. emergency operation centers and emergency shelters. Local units of government that apply for this program will need to identify critical facilities that have a need to update, or replace existing power sources (such, as generators or resiliency systems) so as to allow these facilities to safely maintain power during emergencles. Table 15: Critical Facility Hardening Program -At a Glance Critical Facility Hardening Program At a Glance Funding Dollars $75,000,000 Funding Percentage '12% Application Type Subrecipient Applicant Eligibility UGLG, state agencies and other Eippilicants including, but not limited to, non-profits and non-governmental agencies that apply in partnership with their local UGLG or state agencies. Geographic Eligibility HUD,and State-Designated MIDS National Objectives Fulfilled LN11 and Urgent Need Hazard Risks Addressed Flooding, Severe Storms, Tropical Cyclones, Coastal Erosion, Wildfires Lifelines Protected Safety and Security, Health and P-Jeclical, Energy, Communications General program details are addressed in DEO's Policies and Procedures Manual at ,a�f�or'�d-,��obs.or��rebuil�dflor'�da�t'n,CiffI�auon.Program-specific details will be available in a Critical Facility Hardening Program Guidelines document to be made available prior to the onset of the program application Period. To be eligible to receive funds, Monroe County must consider the needs of all municipalities within the incorporated as well as unincorporated area of the county. This meeting serves as a public meeting to hear public comment. The County has met the CDBG-MIT and DECI requirements for notice and documentation. As per the grant requirements, public notice of this public meeting and public notice of the 20-day public comment period was published in the Citizen, as the newspaper of general circulation in Monroe County and also posted to the County's website. Deadline for Comments is June 25, 2020. Contact Person: Cary Knight at 305-292-4527 and at Knight-Cary@MonroeCounty-Fl.Gov. Monroe County's application for CDBG-DR Mitigation funds can be found at monroecounty- fl.gov/irmarecovery. PREVIOUS RELEVANT BOCC ACTION: NA CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: APPROVE DOCUMENTATION: CFHP DEO Guidelines cdbg-mitigation-frequently-asked-questions-11-1-2019 REVISED CDBG-MIT Detention Center All (6 16 20 HW) FINANCIAL IMPACT: Effective Date: PENDING Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: None Current Year Portion: N/A Budgeted: No Source of Funds: N/A CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: $1,325,698 County Match: $ 0 Insurance Required: 0 Additional Details: REVIEWED BY: Helene Wetherington Completed 05/26/2020 4:36 PM Assistant County Administrator Christine Hurley Completed 05/28/2020 2:25 PM Cary Knight Completed 06/01/2020 12:41 PM Christine Limbert Completed 06/01/2020 3:08 PM Purchasing Completed 06/01/2020 3:27 PM Budget and Finance Completed 06/01/2020 3:31 PM Maria Slavik Completed 06/01/2020 5:11 PM Kathy Peters Completed 06/02/2020 11:23 AM Board of County Commissioners Pending 06/17/2020 9:00 AM REBUILD FLORIDA CRITICAL FACILITY HARDENING PROGRAM �m Ilk This document provides the guidelines for implementation of the Rebuild Florida Critical Pe ' , Facility Hardening Program (CFHP) administered by the Florida Department of Economic Opportunity (DEO). This program is funded by the U.S. Department of Housing and Urban Development (HUD) Community Development Flor,i Block Grant - Mitigation (CDBG-MIT) allocation as described in Public Laws 115-56 and 115-123. C� Table of Contents List of Figures and Tables............................................................................................... 3 Part 1 - Definitions and Acronyms.................................................................................. 4 Part 2 - Program Overview............................................................................................. 6 2.1 Program Purpose....................................................................................... 6 2.2 Program Process....................................................................................... 7 2.3 Rebuild Florida Critical Facility Hardening Program (CFHP) ..................... 8 2.4 Eligible Activities ........................................................................................ 9 2.5 Program Requirements............................................................................ 10 2.6 Application for Program Services and Benefits........................................ 10 2.7 Priority Schedule...................................................................................... 10 2.8 Eligible Areas........................................................................................... 10 2.9 Allocation ................................................................................................. 11 2.10 Application & Assistance Timeline ........................................................... 11 2.11 National Objectives.................................................................................. 12 2.12 Program Management............................................................................. 13 2.13 Equal Opportunity.................................................................................... 14 2.14 Conflict of Interest.................................................................................... 14 2.15 Anti-Fraud and Compliance Policies........................................................ 15 2.16 Files, Records and Reports ..................................................................... 16 2.17 Public Records......................................................................................... 16 2.18 Section 3.................................................................................................. 16 2.19 Environmental Review ............................................................................. 17 2.20 Program Income ...................................................................................... 17 Part 3 - Subrecipient Applicant Information................................................................... 18 3.1 Eligibility................................................................................................... 18 3.2 Request for Applications.......................................................................... 19 3.3 Application Process ................................................................................. 19 3.4 Application Requirements........................................................................ 19 3.5 Applicant Review Process Responsiveness ............................................ 20 Part4 - Scoring ............................................................................................................. 21 4.1 Award Determination ............................................................................... 21 4.2 Evaluation Team ...................................................................................... 26 4.3 Technical Assistance ............................................................................... 26 4.4 Subrecipient Responsibilities................................................................... 26 4.5 Compliance and Monitoring of Subrecipients........................................... 27 4.6 Construction Regulations......................................................................... 28 4.7 Appeals.................................................................................................... 29 Part5 - Financial ........................................................................................................... 31 5.1 Eligible & Ineligible Costs......................................................................... 31 1 5.2 Funding Method....................................................................................... 31 5.3 Supplanting Funds................................................................................... 32 5.4 Duplication of Benefits (DOB) Overview .................................................. 32 5.5 Subrogation ............................................................................................. 32 5.6 Budget ..................................................................................................... 33 5.7 Procurement Requirements..................................................................... 33 Appendices ................................................................................................................... 35 Appendix A—Application Form ..................................................................................... 35 Appendix B —Application Checklist & Instructions ........................................................ 36 Appendix C — Completed Sample Application............................................................... 37 Appendix D — Implementation Plan Template ............................................................... 38 Appendix E — Budget Template..................................................................................... 39 Appendix F — Social Vulnerability Index (SoVI°) Variables ........................................... 40 Appendix G — Florida Social Vulnerability Index (SoVI°) Map....................................... 41 List of Figures List of Figures Figure1: Community Lifelines .....................................................................................................................6 Figure 2: Preliminary Process—Application, Evaluation and Award.........................................7 Figure 3: Implementation Process—Service, Delivery and Compliance...................................8 Figure 4: Mitigation HUD and State MID Areas ..............................................................................13 List of Tables Table 1: Allocation of CDBG-MIT Funds............................................................................................7 Table2: CFHP.............................................................................................................................................9 Table 3: HUD MID Area Counties and Zip Codes...........................................................................11 Table 4: State MID Area Counties......................................................................................................11 Table 5: Mandatory Threshold Compliance Criteria.....................................................................21 Table 6: Program Scoring Evaluation Rubric.................................................................................22 Definitions Action Plan: The State of Florida Mitigation Action Plan provides the high-level strategy to carry out strategic and high-impact activities to minimize or eliminate risks and reduce losses from future disasters. The Plan also describes the opportunity to improve state and local planning protocols and procedures. The Plan was submitted to HUD on February 3, 2020. Applicant: Any entity that submits a response to the request for applications (RFA) for potential funding through the CDBG-MIT program. AMI— Area Median Income: The median (middle point) household income for an area adjusted for household size as published and annually updated by the United States Department of Housing and Urban Development (HUD). Once household income is determined, it is compared to HUD's income limit for that household size. CDBG— Community Development Block Grant. CDBG-MIT: Community Development Block Grant for mitigation projects. CDBG-DR: Community Development Block Grant for disaster recovery projects. CFHP— Critical Facility Hardening Program. Copeland Act—Anti-Kickback Act CWHSSA — Contract Work Hours and Safety Standards Act DBA — Davis-Bacon Act(DBA) DEO—Department of Economic Opportunity: Administrator of the CDBG-MIT program funded by HUD under Public Laws 115-56 and 115-123. DEO is the governor-designated state authority responsible for administering all long-term hazard mitigation and disaster recovery funds awarded to the state from HUD. DEM— (Florida) Division of Emergency Management. DOB — Duplication of Benefits: A duplication of benefits occurs if DEO provides assistance to a participant for the same purpose as any previous financial or in-kind assistance provided to that participant for the same purpose. The DEO CDBG-MIT program is prohibited from creating a DOB. This prohibition comes from the Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act) and therefore, these other sources of funds must be deducted from any potential award or expenditures for individual participants. DOH— (Florida) Department of Health ESHMP— Enhanced State Hazard Mitigation Plan. FEMA — Federal Emergency Management Agency. FR — Federal Register: The official journal of the Federal government of the United States that contains government agency rules, proposed rules, and public notices. A Federal Register Notice (FRN) is issued for each CDBG-DR funded disaster. The FRN outlines the rules that apply to each allocation of disaster funding. 4 HMGP— Hazard Mitigation Grant Program. HUD— U.S.— Department of Housing and Urban Development. LMH— Low to Moderate Income Household: A household having an income equal to or less than the Section 8 low income limit established by HUD. LMI—Low to Moderate Income National Objective: Activities that benefit households whose total annual gross income does not exceed 80% of AMI, adjusted for family size. • Extremely low: Household's annual income is up to 30% of the area median family income, as determined by HUD, adjusted for family size. • Very Low: Household's annual income is between 31% and 50% of the area median family income, as determined by HUD, adjusted for family size. • Low: Household's annual income is between 51% and 80% of the area median family income, as determined by HUD, adjusted for family size. MIDs — Most Impacted and Distressed Areas: Areas of most impact as determined by HUD or the state using the best available data sources to calculate the amount of disaster damage. The HUD-designated MID areas include Brevard, Broward, Clay, Collier, Duval, Hillsborough, Lee, Miami-Dade, Monroe, Orange, Osceola, Palm Beach, Polk, St. Lucie and Volusia counties; and zip codes 32084, 32091, 32136, 32145, 32771, 33440, 33523, 33825, 33870, 33935, and 34266. The state-identified MID areas also include those counties that received both Individual Assistance (IA) and Public Assistance (PA) through the Federal Emergency Management Agency (FEMA). RFAs — Request for Applications: The DEO notice requesting applications for funding as a subrecipient for the CDGB-MIT program. Response: Any application received for CDBG-MIT funding. Subrecipient:Any entity that has been awarded funding by DEO to implement a CDBG- MIT project and that has executed a subrecipient agreement. Subrecipient agreement:An agreement between DEO and a subrecipient that has been awarded funding to implement a CDBG-MIT project. The agreement details the conditions under which funds are provided and the contractual obligations to which the subrecipient must adhere. Subrogation: Subrogation is a legal doctrine that allows one entity to take on the rights of another. In the context of mitigation grants, a subrecipient must enter into a subrogation agreement in which the funding agency (DEO) obtains the right to collect any additional mitigation payments the entity obtains for the same purpose after the entity has received CFHP benefits. UGLG: Units of general local government Urgent Need:A recent need that poses a serious and immediate threat to the health or welfare of the community. 5 Part 2 — Program Overview 2.1 Program Purpose In April 2018, the U.S. Department of Housing and Urban Development(HUD)announced that the state of Florida would receive $633,485,000 in funding to support long-term mitigation efforts (following Hurricanes Hermine, Matthew and Irma)through HUD's newly created Community Development Block Grant — Mitigation (CDBG-MIT) program. The Federal Register Vol. 84, No. 169, which delineates all program requirements, was released on August 30, 2019. This funding is designed to address mitigation needs to ensure that the state of Florida is more resilient to future natural disasters. The Florida Department of Economic Opportunity (DEO) is the lead agency and responsible entity for administering the CDBG- MIT funds allocated to the state. The state of Florida's Action Plan, which was submitted to HUD on February 3, 2020, details how this funding, along with subsequent allocations, will be apportioned to address unmet mitigation needs in Florida that represent targeted strategic investments for grantees based on current or foreseeable risks. These mitigation funds represent a unique and significant opportunity for the state, in the areas most impacted by recent disasters, to carry out strategic and high-impact activities to minimize or eliminate risks and reduce losses from future disasters. In addition to mitigating disaster risks, the funds provide an opportunity to improve state and local planning protocols and procedures. Florida's focus is to support data-informed investments through high-impact projects that will reduce risks attributable to natural disasters, with particular attention to repetitive losses of property and critical infrastructure. DEO's strategy is built on a comprehensive Risk Based Mitigation Needs Assessment, presented in its Action Plan, that identified flooding, severe storms, tropical cyclones, coastal erosion and wildfires as the most significant risks to Floridians. The state supports the adoption of policies that reflect local and regional priorities that will have long-lasting effects on community risk reduction, to include the reduction of risk to community lifelines. Community lifelines enable the continuous operation of government functions and critical businesses that are essential to human health and safety or economic security. The goal is to help protect critical community lifelines which are illustrated in Figure 1: Figure 1:Community Lifelines afety and Food,Water, Health and Energy Hazardous securtty Sheller meal (Pmaer�Fuai murmcatons yrrarusportatio,n matenals 6 Table 1 Illustrates Florida's plan for allocation of CDBG-MIT funds. Table 1: Allocation of CDBG-MIT Funds Allocation of CDBG-MIT Funds Program Allocation Percent of Funding Infrastructure $550,000,000 87% • Rebuild Florida General $475,000,000 75% Infrastructure Program • Rebuild Florida Critical Facility $75,000,000 12% Hardening Program Planning and Administrative Costs $83,485,000 13% • Rebuild Florida General Planning $20,000,000 3% Support Program • DEO Administration $31,674,250 5% • DEO Planning $31,810,750 5% Total Allocation $633,485,000 100% 2.2 Program Process CDBG-MIT programs will be delivered in a multi-step process to comply with all applicable regulations and requirements. The preliminary process includes a Request for Applications (RFA) and submission of applications by eligible entities, followed by application evaluation and a scoring process that may result in an award of funding and the execution of a subrecipient agreement. The selected subrecipients will be responsible for delivery of services. During the implementation process, program funding will be provided to subrecipient awardees. Subrecipients must develop and implement policies, procedures and processes to deliver and maintain projects/services. Projects/services may be provided by the subrecipient directly or in partnership with governmental, private sector or non- profit partners. At the conclusion of the term specified in the subrecipient agreement, the grant will be closed. DEO, with support provided by its designated partners, will monitor subrecipients throughout the life of the project. Figure 2 illustrates the preliminary process; Figure 2: Preliminary Process—Application, Evaluation and Award EM 7 Figure 3: Implementation Process—Service, Delivery and Compliance �.a.�,km t-• �s �$#�£�} "`ti;j}�tlllijji t{l�S��f Otis"�t�� J�ii�� tT( iiifi 2.3 Rebuild Florida Critical Facility Hardening Program (CFHP) For purposes of the CFHP, critical facilities are defined as the buildings/structures that serve a public safety purpose for local communities. Critical facilities are essential for the functioning of a community and typically house operations that, if interrupted, will cause a negative impact on at least one of the seven community lifelines. (See Part 2.1 and Figure 1 for lifeline descriptions.) DEO has identified the following types of structures as critical facilities: • Potable water facilities; • Waste water facilities; • Police departments; • Fire departments; • Hospitals; • Emergency operation centers; and • Emergency shelters. The CFHP will allow Units of General Local Government (UGLG), state agencies, non- profits and non-governmental agencies that apply in partnership with their local UGLG or state agencies, to harden critical buildings that serve a public safety purpose for local communities. This program will enable critical facilities to better withstand the effects of previously-identified hazard risks. Applicants for this program will need to identify critical facilities that need hardening and/or update or replace existing power sources (such as generators or resiliency systems) to mitigate emergency-related challenges. DEO has allocated $75,000,000 in CDBG-MIT funding for the Rebuild Florida CFHP. DEO will use a subrecipient model to deliver funding for approved projects. Funding will be awarded to selected subrecipients through a RFA process in accordance with established application guidelines and evaluation criteria. This is not a direct grant program. An overview of the CFHP program is illustrated in Table 2. 8 Table 2: CFHP Rebuild Florida Critical Facility Hardening Program Funding Dollars $75,000,000 Funding Percentage 12% Application Type Subrecipient Applicant Eligibility UGLG, state agencies and other applicants including, but not limited to, non-profits and non-governmental agencies that apply in partnership with their local UGLG or state agencies. Geographic Eligibility HUD and State-Designated (Most Impacted and Distressed (MID) areas National Objectives Fulfilled Low-to-Moderate Income (LMI) and Urgent Need Hazard Risks Addressed Flooding, Severe Storms, Tropical Cyclones, Coastal Erosion, Wildfires Lifelines Protected Safety and Security, Health and Medical, Energy, Communications 2.4 Eligible Activities Eligible activities are limited to projects that increase the resilience of critical facilities. Examples include hardening and/or updating or replacing existing power sources (such as generators or resiliency systems) to mitigate emergency-related challenges. Examples of hardening against flood, fire, storms and coastal erosion include, but are not limited to: • Dry proofing; • Wet proofing; • Ventilation and air-conditioning units; • Anchoring roof-mounted heating, ventilation and air-conditioning units; and • Retrofitting building exteriors with hazard-resistant materials in accordance with national safety standards. The CFHP will also consider energy resiliency projects that help ensure that the most critical facilities in Florida communities have access to power throughout and following an emergency when local sources of power are down. Critical facilities include, but are not limited to, potable water facilities, waste water facilities, police departments, fire departments, hospitals, emergency operation centers and emergency shelters. Local units of government that apply for this program will need to identify critical facilities that have a need to update or replace existing power sources (such as generators or resiliency systems) so as to allow these facilities to safely maintain power during emergencies. 2.5 Program Requirements 1. Activities must meet the National Objectives as outlined in Part 2.11. 2. At least 50% of funds must be spent in HUD-identified Most Impacted and Distressed (MID) areas. The remaining 50% can be spent on state-identified MID areas that were declared disaster areas eligible for both individual and public assistance. 3. CDBG-MIT requires that projects must be a quantifiable resilience improvement to a critical facility. Funds may not be used to supplant existing funding sources or programming. 4. Entities applying for funding through the CDBG-MIT program must submit an application that meets the criteria outlined in these Program Guidelines. 5. All CDBG-MIT projects must comply with all applicable federal, state and local requirements. 2.6 Application for Program Services and Benefits • Only completed CFHP subrecipient applications, including all requested supporting documentation, will be considered. Further information on accessing the application is outlined in Part 3 of these Program Guidelines. • Applications will only be accepted during the published application cycle. Additional intake periods may be opened at a later date depending on funding availability. 2.7 Priority Schedule Applications will be accepted and eligibility for project funding will be determined based on a priority schedule to ensure compliance with the National Objectives and CFHP scoring criteria. 2.8 Eligible Areas Tables 3 and 4 identify areas eligible for CDBG-MIT funding; the HUD and State- identified MID areas. 1 Table 3: HUD MID Area Counties and Zip Codes Brevard, Broward, Clay, Collier, Duval, HUD MID Counties Hillsborough, Lee, Miami Dade, Monroe, Orange, Osceola, Palm Beach, Polk, St. Johns, St. Lucie, and Volusia HUD MID Zip Codes 32084, 32091, 32136, 32145, 32771, 33440, 33523, 33825, 33870, 32068, 33935, 34266 The remaining 50% can be spent on state-identified MID areas that were declared disaster areas eligible for both individual and public assistance. Table 4: State MID Area Counties Alachua, Baker, Bradford, Charlotte, Citrus, State MID Area Counties Columbia, DeSoto, Dixie, Flagler, Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, Indian River, Lafayette, Lake, Leon, Levy, Manatee, Marion, Martin, Nassau, Okeechobee, Pasco, Pinellas, Putnam, Sarasota, Seminole, Sumter, Suwannee, Union 2.9 Allocation A total of$75,000,000 has been set aside for the CFHP. This allocation may be increased or decreased based on the demand for the program by amendment to the Action Plan, subject to approval by HUD. 2.10 Application &Assistance Timeline The application submission cycle for the CFHP will open on April 15, 2020 and close on June 30, 2020. To receive access to DEO's user-friendly electronic application, instructions and submission checklist, a CFHP Application Registration is available. This registration will remain open throughout the submission cycle. To register, applicants should open this link: floriaiobs.org/rebuildflorida/mitigation and click "Application Packet". A contact name and email address will be requested. Once registered, the applicant will be emailed an individualized application weblink. The application packet will be available on the CDBG-MIT website. Applicants are encouraged to use the electronic application; however, applicants can instead use a fillable PDF application that will be available. The PDF version can be downloaded, completed and submitted online to cbg-miteo.myfloria.com or mailed to: Attention: Office of Disaster Recovery Florida Department of Economic Opportunity Mitigation Team 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399-2100 If a paper application is submitted in lieu of an electronic application, two identical hard copies must be submitted. Paper applications must be postmarked by June 30, 2020. Late applications will not be accepted, under any circumstance, including delivery problems. DEO will email application receipt confirmations as they arrive and/or by close of business on July 7, 2020. DEO will host a webinar to provide an overview of the Guidelines, specific to the application process. The webinar will include a live question and answer period. DEO will also provide an opportunity for applicants to schedule 20-minute, one-on-one phone calls with DEO's mitigation staff. These calls will provide applicants an opportunity to ask questions and/or discuss issues specific to their project and the application process. To ensure that citizens remain informed, DEO will provide regular updates on the CDBG- MIT website. Translations of all application materials will be provided. 2.11 National Objectives All projects supported by HUD Community Development Block Grant (CDBG) assistance must meet one of the CDBG's three National Objectives- (1) Benefiting low-and-moderate income (LMI) persons; (2) Meeting an urgent need; or (3) Aiding in the prevention or elimination of slums or blight. DEO's CFHP allocation is focused on addressing LMI and Urgent Needs. (Perthe Federal Register, the slum and blight criteria are "generally not appropriate" in the context of mitigation activities and would require special prior approval from HUD to be considered.)' The CFHP program will provide benefits to LMI persons by addressing severe and recently-arising urgent community welfare or health needs. LMIs are identified as those persons/households with an income of less than 80%of the local area's median income. HUD requires that at least 50% of CDBG-MIT funds to benefit LMI persons/households. CFHP applicants will be required to identify the entire area (non-LMI and LMI) that will benefit from their project. DEO will then utilize HUD guidance to calculate the LMI benefit percentage of each project. Applicants will be awarded points on a sliding scale (see Scoring Criteria Rubric (see Table 6, pg. 22) in proportion to their project's LMI percentage. 1 Federal Register—6109-N-02,V.A.13J. Also, as required by the Federal Register, the state will designate at least 50% ($316,742,500) of the CDBG-MIT allocation to address mitigation and resiliency needs in the HUD-identified MID areas. The remaining 50% can be spent on state-identified MID areas that were declared disaster areas eligible for both Federal Emergency Management Agency (FEMA) and Public Assistance, categories A - G. Figure 4 is a map of HUD and State-designated MID areas. Figure 4: Mitigation HUD and State MID Areas z... HUD Designated MID i State-Designated MID 2.12 Program Management DEO is the agency responsible for the administration of mitigation funds allocated to infrastructure and planning and administrative activities in Florida. The CDBG-MIT program funded by HUD under Public Laws 115-56 and 115-123. DEO will implement the CFHP through subrecipients including: UGLGs; state agencies; non-profits that apply in partnership with their local UGLG or state agencies; and non-governmental agencies that apply in partnership with their local UGLG or state agencies. DEO will execute subrecipient agreements with selected subrecipients, who will complete projects and/or deliver services. The program contact for subrecipients only is: Attention: Office of Disaster Recovery Florida Department of Economic Opportunity Mitigation Team 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399-2100 (833) 347-7863 c bg-mit eo.myflori a.com 1 2.13 Equal Opportunity Federal policies ensure that no person be excluded, denied benefits or subjected to discrimination on the basis of race, color, national origin, sex, disability or age under any program funded in whole or in part by CDBG-MIT funds. DEO and subrecipients may not discriminate in any of the following areas: deciding who will be admitted, or have access, to any CDBG-MIT funded program or activity; providing opportunities in, or treating any person with regard to, such a program or activity; or making employment decisions in the administration of, or in connection with, such a program or activity. DEO requires any entity receiving assistance through CDBG-MIT grant to comply with the Part 3 requirements herein. Any person who believes he or she, or any specific class of individuals, has been subjected to unlawful discrimination may file a complaint regarding the alleged discrimination with: Office for Civil Rights Florida Department of Economic Opportunity 107 East Madison Street Caldwell Building, MSC 150 Tallahassee, FL 32399-4129 (850) 921-3205 Civil. ightseo.myfloria.com Atlanta Regional Office of FHEO U.S. Department of Housing and Urban Development Five Points Plaza 40 Marietta Street, 16t" Floor Atlanta, GA 30303-2806 (404) 331-5140 ComplaintsOffice04hu .gov Further information about eligibility for filing an equal opportunity complaint, time limits, instructions, and procedures may be found at- http://www.f I o ri aiobs.org/office-directory/office-for-civil-rights/about-our- services/discrimination-complaints. 2.14 Conflict of Interest State officials and employees, DEO employees, subrecipients, contractors and consultants who exercise functions with respect to CDBG-MIT activities or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, are prohibited from receiving any benefit from the activity either for themselves or for those with whom they have family or business ties, during their tenure. For purposes of this section, "family" is defined to include parents (including mother-in- law and father-in-law), grandparents, siblings (including sister-in-law and brother-in-law) 14 and children of an official covered under the conflict of interest regulations at 24 CFR 570.489(h). Per 24 CFR 570.489(h)(2) — Conflicts prohibited: Except for eligible administrative or personnel costs, the general rule is that no one who exercises or has exercised any functions or responsibilities with respect to CDBG-MIT activities assisted under this subpart or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Per 24 CFR 570.489(h)(4) — An exception to the conflict of interest provision may be granted after it is determined that such an exception will serve to further the purpose of the Act and the effective and efficient administration of the program or project of the state or unit of general local government as appropriate. An exception may also be granted should it be determined that all of the concerns generated by the potential conflict of interest have been adequately and publicly addressed and that an exception would serve to further the purposes of Title I of the Housing and Community Development Act of 1974 and the effective and efficient administration of the program. No participant will enter into a conflict of interest until a request for an exception has been granted by DEO. 2.15 Anti-Fraud and Compliance Policies HUD requires policies to prevent fraud, waste and abuse. DEO is committed to aggressively detecting and eradicating fraud, waste, and abuse to ensure that DEO- administered programs provide services to customers effectively and efficiently and that taxpayer funds are protected. Each employee, customer and partner has a role and responsibility to ensure that program and service delivery is in compliance with local, state and federal laws and policies and that any incidents are reported immediately for investigation and resolution. DEO has established procedures for verifying the accuracy of information provided by subrecipients and participants. The program will investigate all allegations regarding eligibility, disbursement of funds or any other allegations of fraud or noncompliance. As appropriate, the DEO will assist federal, state and local agencies in investigations. Instances of suspected fraud, waste and abuse should be reported by contacting Constituent Management Services staff, submitting information via the Report Fraud, Waste or Abuse online form (http://floriaiobs.orq/rebuilfloria/report; or by sending an e-mail to: cbg- rantifrauwasteabuseeo.myflorida.com. All suspected cases of fraud will be taken seriously, and fraud complaints will be reported to ODR's Compliance and Reporting Manager and DEO's Office of the Inspector General at Ieo.myfloria.com. If DEO's OIG determines that it is appropriate, it will coordinate its investigation with agencies such as the Florida Office of the Inspector General, the Florida Office of the Attorney General, or the Florida Department of Business and Professional Regulation. 1 All substantiated cases of fraud, waste, or abuse of government funds will be forwarded to the United States Department of Housing and Urban Development (HUD), Office of Inspector General (OIG) Fraud Hotline (phone: 1-800-347-3735 or email: hotlinehuoig.gov) and DEO's HUD Community Planning and Development (CPD) Representative. 2.16 Files, Records and Reports DEO and subrecipients will maintain accurate files and records on its projects and DEO will retain all pertinent documentation for the grant between HUD and DEO. Compliance will be maintained in accordance with the reporting requirements as outlined in the DEO Policies and Procedures Manual (at www.floriaiobs.org/rebuilfloria/mitigation}. All official records on project activities are maintained for a five-year period beyond the date of grant closeout. 2.17 Public Records The Office of Disaster Recovery's Constituent Services Manager will act as a Public Record Division Liaison and is the primary contact for all public record requests regarding the Office of Disaster Recovery/Rebuild Florida Program. The Office of Disaster Recovery's Public Record Division Liaison will coordinate with the respective managers of each program to determine (1) what is and what is not a responsive record; and (2) where to find all responsive records. Pursuant to Article 1, Section 24, Florida Constitution, and Chapter 119, Florida Statutes, DEO is subject to Florida's public records laws. Accordingly, unless an exemption exists, all records produced or received pursuant to law or in connection with the official business of DEO can be requested and provided for inspection. Subrecipients participating in the CFHP are also subject to Florida's public records laws. All public records requests made to DEO will be processed in accordance with DEO Administrative Policy 1.06, Processing Public Records Requests. Public records held by subrecipients may be requested by contacting the relevant subrecipient. Detailed guidance on public records requests can be found in the following resources: Florida Government in the Sunshine Manual: http://m yf lo rid alegal.com/webfiles.nsf F/ S- 53/$file/ 015SunshineLaw anual.pf Florida Public Records Law, Chapter 119, Florida Statutes- http://www.leg.state:f 1.u s/statutes/i n d ex.cfm? pp mode= isplay Statute& L=0100- 01 /011 /011 .htm 1 2.18 Section 3 The Housing and Urban Development Act of 1968, Section 3, mandates that recipients of CDBG-MIT funding provide, to the greatest extent possible, training, employment, contracting and other economic opportunities to low and very low-income persons or business concerns that provide economic opportunities to LMI persons. 1 The Section 3 numerical goals are minimum targets that must be reached for HUD to consider a recipient in compliance. If an entity fails to fully meet the Section 3 numerical goals, it must adequately document the efforts taken to meet the numerical goals. The minimum numerical goal for employment is 30% of the aggregate number of new hires must be Section 3 residents, annually; i.e., three out of 10 new employees needed to complete a Section 3 covered project/activity must be Section 3 residents. The minimum goals for contracting are: • 10% of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing or building trades work arising in connection with housing rehabilitation, housing construction and other public construction, must be awarded to Section 3 businesses; and • 3% of the total dollar amount of all non-construction Section 3 covered contracts must be awarded to Section 3 businesses. 2.19 Environmental Review All CDBG-MIT and related activities are subject to the provisions of the National Environmental Policy Act of 1969 (NEPA), as well as the HUD environmental regulations provided in 24 CFR part 58. The primary purpose of these regulations is to protect and enhance the quality of the natural environment. In accordance with 24 CFR 58.35(a), the locations associated with CFHP activities are categorically excluded subject to 24 CFR 58.5 and 58.6. To meet these requirements, the subrecipient is responsible for ensuring that environmental reviews are completed for all projects. The environmental review must be completed prior to any funds being allocated toward a project. The CFHP environmental review is a separate and distinct review from any other review. Other previously performed environmental reviews will not satisfy the program's requirements. If an environmental condition identified on a proposed CFHP activity site cannot be cleared, the site may not be an eligible location for activities. DEO currently has staff that will oversee environmental compliance. Additionally, the current staff may be augmented by external vendors procured through competitive solicitation. 2.20 Program Income This program will not create program income. 17 Part 3 _ Subrecipient DEO will use a subrecipient model to deliver the CFHP. Subrecipients will be selected through a competitive RFA process. This program is not a direct grant program. No funds will be paid directly to individuals. 3.1 Eligibility Entities that are eligible to apply include: • Units of General Local Government (UGLG); • State agencies; • Non-profits that apply in partnership with their local UGLG or state agencies; and • Non-governmental agencies that apply in partnership with their local UGLG or state agencies. To be eligible for funding, a grant application must- 1. Be in conformance with the State Mitigation Plan and Local or Tribal Mitigation Plan approved under 44 CFR part 201.4; or for Indian Tribal governments acting as grantees, be in conformance with the Tribal Mitigation Plan approved under 44 CFR 201.7; 2. Have a beneficial impact upon the designated disaster area; 3. Solve a problem independently or constitute a functional portion of a solution in which there is assurance that the project will be completed. Projects that merely identify or analyze hazards or problems are not eligible; 4. Consider the following for any hardening project that encompasses flood mitigation: high wind, continued sea level rise and ensure responsible floodplain and wetland management based on the history of flood mitigation efforts and the frequency and intensity of precipitation events; 5. As a condition of consideration for project funding, applicants will be required to identify their plans for funding operations and maintenance costs (when applicable). Long-term maintenance and operating costs are ineligible under CDBG-MIT funding except as identified at 84 FIR 45838 Section V.A.9. 6. Be cost-effective and substantially reduce the risk of future damage, hardship, loss or suffering resulting from a major disaster. The grantee must demonstrate this by documenting that the project: a) Addresses a problem that has been repetitive or a problem that poses a significant risk to public health or safety if left unsolved; b) Will not cost more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future disasters were to occur; 1 c) Has been determined to be the most practical, effective and environmentally sound alternative after consideration of a range of options; d) Contributes, to the extent practicable, to a long-term solution to the problem it is intended to address; and e) Considers long-term changes to the areas and entities it protects and has manageable future maintenance and modifications requirements. 3.2 Request for Applications The application cycle will open on April 15, 2020 and close on June 30, 2020. To register for an application, applicants should open this link: floridgigbs.org/rebuildflorida/mitigation and click"Application Packet". A contact name and email address will be requested. Once registered, the applicant will be emailed an individualized application weblink. 3.3 Application Process Eligible applicants will be invited to submit applications proposing CFHP projects for funding through the CDBG-MIT program. Responses will be evaluated to ensure the proposed projects meet the minimum criteria as outlined in the application materials provided in Appendices A — E of these Guidelines. Responses that meet minimum threshold requirements will then be evaluated according to the scoring criteria listed in Part 4. Acceptable applications will be ranked to determine funding levels. The following appendices are included in these Guidelines: • Appendix A —Application Form • Appendix B —Application Checklist and Instructions • Appendix C — Completed Sample Application • Appendix D — Implementation Plan Template • Appendix E — Budget Template 3.4 Application Requirements Applications must, at a high level*, describe what is being identified as a critical facility and address how and why it needs to be hardened to mitigate risks attributable to threats identified in the State of Florida Action Plan Risk-Based Mitigation Needs Assessment. Plans must also include a proposed budget with a detailed description of anticipated costs by category, including support services and program management and administration. *Application requirement specifics are delineated in Part 4 of these Guidelines and in Appendices A— E. All proposed activities must be CDBG-MIT eligible (see Part 3.1, Eligibility). Responses may include proposed subrecipient partnerships with public, private or non-profit entities to deliver CFHP projects. If an applicant intends to utilize a partnership to complete a project, the response must document how partners will be selected. Any entity that is listed as excluded, debarred or suspended on the System for Award Management 19 (https://sam.gov/S /), including affiliated businesses with the same Employer Identification Number(EIN), is not eligible to receive CFHP funds and may not be selected as a subrecipient, partner, subcontractor or vendor. 3.5 Applicant Review Process Responsiveness During the application review process, applicants are required to respond in a timely manner to DEO requests for information/materials to complete the evaluation process. Any request for additional information will include a definitive due date for return of requested information. If the applicant needs an extension, a clarification or assistance, the applicant may make its request within the allotted response timeframe. If an applicant fails to provide the requested information/materials or fails to ask for an extension or assistance, the applicant's response will be closed and disqualified. �C� Part 4 - Scoring 4.1 Award Determination Applications will be evaluated to determine the mitigation value and cost effectiveness of the proposed project. An applicant's planning strategy and management capacity must be evident. DEO will apply a two-phase process to review applications. 1. Phase One: Applications will first be evaluated for Mandatory Threshold Compliance Criteria, Table 5. This phase is unscored. DEO will further review only the applications that pass Phase One. 2. Phase Two: If the Mandatory Threshold Criteria is in compliance, the second phase of the review process will be initiated. Applications will be reviewed and scored based on Scoring Criteria Evaluation Rubric, Table 6. Only the application itself (including requested attachments) will be scored. Any documents submitted with the application that were not requested will not be scored. Each evaluator will review and score applications independently. The reviewers' scores will be averaged to determine a final score for each application. Each element of the Scoring Criteria Evaluation Rubric has a value associated with it. A potential maximum of 150 points may be awarded. If eligible responses exceed available funding, applicants will be funded in rank order based on evaluation scores. DEO reserves the option to fund all, a portion of or none of each application submitted by an applicant. Table 5: Mandatory Threshold Compliance Criteria Application is signed and complete. Application was submitted on time. 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C 2E O C cu (Q '— 4— C � 0 L .0) O) O O U to U U o a)'-• a) U o)-o -0 cu 4- C (Q cB L0 � a) a) U �F O Q ( O >, cu 0)C) - C 0 CU O a) 0 a) O L — U) a) UO O"' 4- cu U _0 L U (B -0 F-I L CU L O U C j (B C O O O a) cu -0 `'_ � F >'_ 0Q � � '� i 0 ' cu cu cu — � 000Q Ua a) � � a) E c a) ._ O 0)m 0)jL � � � � � � 0 E � � co co U) cu N � N C O co C .N 0 co cn 'n Q, LO r 4.2 Evaluation Team Applications will be independently reviewed and scored by DEO staff. 4.3 Technical Assistance DEO is hosting a webinar, 20-minute, one-on-one phone calls and regional visits to provide an overview of these Guidelines, specific to the application process. In addition, designated partners will provide technical assistance to subrecipients related to CDBG- MIT requirements and compliance. Assistance will also be provided as a result of monitoring activities and at subrecipient request. 4.4 Subrecipient Responsibilities Subrecipients have the following responsibilities and must: • Demonstrate how the proposed project meets one or more of the national objectives; • Submit an accurate account of how the absence of the hardening project being requested has affected the community's critical services during disasters; • Submit a detailed scope of work; • Provide evidence that selected site has appropriate approvals; • Enter into a subrecipient agreement with DEO specific to the CFHP; • Comply with all terms and conditions of the subrecipient agreement, CFHP guidelines, Mitigation Action Plan and applicable federal, state and local laws; • Develop policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of information and report instances of suspected fraud, waste or abuse; • Develop policies and procedures for complaints and grievances and for appeals. These policies and procedures must be made available to participants and participant applicants; • Update application or program policies and procedures upon DEO request; • Document all complaints, grievances and appeals received. To comply with HUD requirements, a response to each complaint, grievance or appeal must be made within 15 working days of receipt; • Maintain books, records and documents relating to the CFHP in accordance with generally-accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this program. All records must be maintained for five years beyond the closeout of the grant; • Retain sufficient records to document program activities, participants and services and to demonstrate compliance with the CFHP Program Guidelines, subrecipient 2` agreement and applicable federal, state and local laws and regulations. All records must be maintained for five years beyond the closeout of the grant; • Ensure that any partners, subcontractors, vendors or other entities to whom the subrecipient intends to disburse CFHP funds are not listed as excluded, debarred, or suspended on the System for Award Management (htlpL.//sam.gov/SAM/), including affiliated businesses with the same EIN; • Comply with the requirement that subrecipients will not carry out any of the activities under their agreement with DEO in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974; • Provide a detailed timeline for implementation consistent with the milestones outlined in these Program Guidelines and report actual progress against the projected progress on a monthly basis; • Provide a quarterly report to DEO that outlines the activities completed in the previous quarter. o The report must include financial metrics that demonstrate the implementation costs to date with projected spending. o Reporting must include documentation of the number of complaints received, the nature of the complaint, and that complaint was responded to within 15 days of receipt. o Additional quarterly reporting requirements may be required, depending on the specific program design implemented by a subrecipient. • Provide a monthly report to DEO that details the grant funding approved versus funding disbursed; • Monitor compliance with the terms and conditions of the subrecipient agreement; and • Maintain organized files and make them accessible to DEO or its representatives upon request. 4.5 Compliance and Monitoring of Subrecipients As a recipient of federal funds, DEO is charged with ensuring that any subrecipient has the capacity and means to deliver projects and services and that the costs of its activities are allowable, reasonable and necessary. Therefore, each subrecipient assessed by DEO must demonstrate the organizational capacity and implementation experience necessary to deliver services. Each subrecipient must meet performance metrics for implementation. Additionally, all subrecipients will be subject to routine monitoring and compliance review by DEO or its representatives based on an initial risk analysis. Monitoring will include: • Evaluation of the subrecipient's organization, procurements, policies and procedures; '27 • Compliance with Stafford Act (i.e., no duplication of benefits); • Necessary, reasonable and allowable cost standards; • Financial management, file management and documentation; • National objective compliance; and • Reporting and compliance with these Guidelines, the Subrecipient Agreement and any applicable laws and regulations. DEO will monitor the CFHP directly and through designated partners. This includes verification of official documents against state records, review of application materials and expense documentation and physical site visits to verify compliance and appropriate use of funds. Additional reviews may be conducted by HUD. Monitoring reviews may be announced or unannounced. Monitoring may take place on site or remotely. Reviewed documentation may be randomly selected. Project applications and documentation must be maintained and made available by subrecipients. All monitoring results will be recorded in detail for program compliance and use of funds. Any issues of non-compliance may be categorized as either findings or observations. Subrecipients found to be in non-compliance, or who received funds in error, may be required to repay grant funds to the state of Florida, in accordance with the subrecipient agreement. 4.6 Construction Regulations The Davis-Bacon Act (DBA) applies to all construction contracts greater than $2,000 unless the program's authorizing legislation contains exceptions. It requires that all workers or mechanics working on projects covered by the Act be paid minimum hourly wages and fringe benefits according to the wage decision(s) applicable to that contract. If any portion of a contract requires DBA, then all work performed under the contract is subject to DBA. Work done by a local government's employees (force account) is not subject to DBA. Additionally, contractors must comply with the Contract Work Hours and Safety Standards Act (CWHSSA) and the Copeland Anti-Kickback Act (Copeland Act). CWHSSA requires that, for any project in which the prime contract exceeds $100,000, workers must be paid one-and-one-half their normal hourly rate for any hours worked in excess of 40 hours weekly, based on a workweek of seven consecutive days. The Copeland Act prohibits any person from inducing a worker on a federally-funded project to give up any part of the compensation to which the worker is entitled. No payroll deductions are permitted that are not specifically listed in the Copeland Act unless the contractor has obtained written permission from the employee as specified in 29 CFR 3.5 for otherwise permissible payroll deductions. 4.7 Appeals Informal Appeals Appeals may be filed only upon the deliverance of an adverse program decision regarding eligibility, benefits or closure of an application and only within the parameters set by the appeals procedure. Participants may not appeal program policy. If an applicant is denied program services or benefits and desires to appeal, an appeal may be filed with DEO as follows: 1. All appeal letters must be submitted in writing within 30 days of the date of the denial letter via: o U.S. mail to: Office of Disaster Recovery, Appeals Team Florida Department of Economic Opportunity 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399 o Email to: cbg- rappealseo.myfloria.com 2. All appeal letters must include: o Reason for appeal; o A clear explanation why the denial was contrary to applicable laws or regulations or in some other way inequitable; o Reason why individual is believed to be eligible for the service or benefit that was denied, delayed, reduced, modified or terminated; o Proposed remedy sought by the individual; o Name, contact address and contact telephone number of entity filing appeal; and o Signature and date. An appeal initiated by an applicant with DEO must follow written appeal procedures, which may include, but not be limited to, informal hearings, third-party review or administrative review. A determination letter will be sent, post-appeal, to the entity that initiated the appeal. Applicants may contact DEO for more information on the appeal procedure. Formal Appeals /Notice of Administrative Rights Any person whose substantial interests are affected by DEO's determination has the opportunity for an administrative hearing pursuant to section 120.569, Florida Statutes. For the required contents of a petition challenging agency action, refer to rules 28- 106.104(2)7 28-106.20(2), and 28-106.301, Florida Administrative Code. Depending on whether material facts are disputed in the petition, a hearing will be conducted pursuant to either sections 120.569 and 120.57(1), Florida Statutes, or sections 120.569 and 120.57(2), Florida Statutes. Pursuant to section 120.573, Florida Statutes, and Chapter 28-106, Part IV, Florida Administrative Code, mediation is available to settle administrative disputes. Any petition must be filed with the Agency Clerk within 30 calendar days of receipt of DEO's determination If an applicant files a request for reconsideration or informal appeal, the requirement to timely file a petition challenging agency action will be tolled until a decision under either method is rendered by the Department. At that time a new appeal window will begin. No applicant will lose their rights under Chapter 120, Florida Statutes, by filing a request for reconsideration or request for informal appeal. Any petition must be filed with the Agency Clerk within 30 calendar days of receipt of this determination. A petition is filed when it is received by: Agency Clerk Department of Economic Opportunity Office of the General Counsel 107 East Madison Street, MSC 110 Tallahassee, Florida 32399-4128 Fax: (850) 921-3230 Email: gency. Jerk eo.myflori a.com Part 5 - Financial 5.1 Eligible & Ineligible Costs All costs must be CDBG-MIT eligible. All costs must comply with the requirements of 24 CFR 570 and 2 CFR 200. Eligible costs for the CFHP include, but are not limited to: • Training; • Materials and supplies related to CFHP training activities; • Dry proofing; • Wet proofing; • Anchoring roof-mounted heating; • Ventilation and air-conditioning units; • Retrofitting building exteriors with hazard-resistant materials in accordance with national safety standards; • Energy resiliency; • Support services; • Participant outreach; and • Program management and administration. Ineligible costs for the CFHP include, but are not limited to: • Material or supply costs unrelated to CFHP training activities; • Furnishings and personal property, including motor vehicles and fixtures; • Costs incurred prior to the date of execution of a subrecipient agreement; • Political activities or lobbying; • Payments to a for-profit business while that business or business owner is the subject of unresolved findings for non-compliance with CDBG assistance; or • Any costs determined as unallowable or ineligible pursuant to applicable state or federal laws or regulations, or guidance from HUD, DEO or any applicable state or federal agency. 5.2 Funding Method Funding will be provided monthly on a cost reimbursement basis. Subrecipients must verify all documentation and costs before submission for cost reimbursement to DEO. Subrecipients must provide required reporting and supporting documentation to be reimbursed. 1 5.3 Supplanting Funds Subrecipients must agree to utilize CFHP funds to supplement rather than supplant funds otherwise available. Subrecipients must document that CFHP funds awarded are above and beyond any annual appropriations that are provided for the same purpose. CFHP funds may be utilized after all other funds available to provide benefits to the participant for the same purpose have been expended. Any supplanting of funds will be treated as a duplication of benefits or fraud, waste and abuse, and is subject to recapture under the terms of the subrecipient agreement. 5.4 Duplication of Benefits (DOB) Overview Eligible applicants may have previously received assistance from other sources for the same purpose as the CFHP. Under the requirements of The Robert T. Stafford Disaster Assistance and Emergency Relief Act, as interpreted and applied by HUD, DEO, and its subrecipients must consider certain aid received by a person or entity in determining the amount of assistance which can be granted. DEO and subrecipients must follow HUD's DOB Guidance. Applicants must provide any information on benefits received that may create a DOB to the appropriate subrecipient. The subrecipient must perform due diligence verification of DOB information. The Supplemental Appropriations Act authorizing CDBG-MIT funding and the Stafford Act include restrictions on using CDBG-MIT program funds to provide assistance when insurance providers or other federal or state entities have already funded all or a portion of the activity. The Stafford Act also contains eligibility requirements for recipients who have received prior disaster funding based upon whether they are in compliance with requirements associated with receipt of those funds. When applicable, recipients must be in compliance with these restrictions or funding will be denied. Participants must report all financial assistance, other local, state, or federal programs, private or non-profit charitable organizations and any other assistance received for the purpose for which the participant is applying for, and receiving, funding or services. Funds provided by any federal, state or local government entity, or non-profit or private source intended for the same purpose as the CFHP are considered a DOB and under federal law must be deducted from the assistance provided by the CFHP. Any additional funds paid to participants for the same purpose as the CFHP after the CFHP services are completed must be returned to DEO. Participants in the CFHP must agree to repay any duplicative assistance considered a DOB. 5.5 Subrogation Subrogation is a legal doctrine that allows one person to take on the rights of another. In the context of mitigation grants, a CFHP participant must enter into a subrogation agreement in which the funding agency (DEO) obtains the right to collect any additional mitigation payouts the participant receives for the same purpose after the participant has entered into a grant agreement for CFHP benefits. All duplicative funding received must be remitted to or accounted for by the program, regardless of when it is received by the entity. If an entity receives additional funding for 2' the same purpose as the CFHP award, including after the CFHP award is executed or CFHP services are completed, the entity is required to report the additional funding to the program. By accepting the award, subrecipients agree that they will report any duplicative funds to the program whenever received. Upon receipt of a report that additional benefits have been received, the program will recalculate the entity's award and provide instructions as to whether the award will be reduced by such amount, or whether the entity must remit such amounts to the program as reimbursement (when additional assistance received after program disbursements). Each subrecipient will execute and be bound by a subrogation agreement. Subrecipients must agree to subrogate (commit to the state of Florida) any future payments they may receive after award from any sources that represent a potential DOB. The subrogation agreement requires the applicant to notify DEO if additional funds are received and to assist DEO in collecting any amounts owed to it from these sources. All parties shall comply with standard anti-fraud measures. DEO will exercise all normal due diligence in collection of amounts owed through contact with awardees and will pursue investigation and collection efforts which may include demand letters, small claims court, filing of judgments, and/or other collection activity. Collection activity following demand letters will be determined in consultation with DEO and/or the Florida Attorney General's Office. 5.6 Budget CDBG-MIT funds can be used to meet the local share of a matching requirement, or of cost-sharing or other contribution for federal or state grant programs if the funds are used to carry out an eligible CFHP mitigation activity. Funds can be matched from mitigation grants administered by FEMA and the United States Army Corps of Engineers. (The maximum amount for the US Army Corps of Engineers is $250,000.) Activities that are funded with match dollars must meet the eligibility requirements of the CDBG-MIT program and the federal program that is being supported with CDBG-MIT funds. Applicants should describe how they will seek to maximize the outcomes of investments and the degree to which CDBG-MIT funds will be leveraged, including through public- private partnerships and other federal, state, local, private and nonprofit sources to generate more effective and comprehensive mitigation outcomes. Leveraged funds for each activity must be identified in the Disaster Recovery Grants Reporting system. 5.7 Procurement Requirements Federal, state and local procurement rules apply when purchasing services, supplies, materials or equipment. DEO and all subrecipients must abide by the procurement process mandated by federal and state government codes as they are applicable to the CFHP. The procurement process includes the decision to purchase as well as the process to complete the purchase. The federal government has established a set of procurement rules in 2 CFR Part 200 that apply to CDBG-DR projects. 24 CFR 570.502 requires compliance with 2 CFR Part 200 for CDBG-DR projects, with certain limited exemptions (see also 24 CFR 85.36 and 24 CFR 84.40-48, as applicable). These rules are in place to ensure that federal dollars are spent fairly and encourage open competition for the best level of service and price. If a conflict between federal and local procurement regulations should occur, the more stringent regulation will be followed. 4 Appendices AppendixApplication 35 Appendix 36 Appendix 37 38 39 Appendixi i (SoVIO) Variables List of SOVI®2006-10 Variables(n=29). Daggers notate new variables added. SOVI®2010-14 uses the same list of variables. VARIABLE DESCRIPTION QASIAN Percent Asian QBLACK Percent Black QSPANISH Percent Hispanic QINDIAN Percent Native American QAGEDEP Percent Population under 5 years or 65 and over QFAMt Percent Children Living in Married Couple Families MEDAGE Median Age QSSBEN Percent Households Receiving Social Security Benefits QPOVTY Percent Poverty QRICH Percent Households Earning over$200,000 annually PERCAP Per Capita Income QESL Percent Speaking English as a Second Language with Limited English Proficiency QFEMALE Percent Female QFHH Percent Female Headed Households QNRRES Nursing Home Residents Per Capita HOSPTPC Hospitals Per Capita (County Level ONLY) QNOHLTHt Percent of population without health insurance (County Level ONLY) QED12LES Percent with Less than 12t"Grade Education QCVLUN Percent Civilian Unemployment PPUNIT People per Unit QRENTER Percent Renters MDHSEVAL Median Housing Value MDGRENT Median Gross Rent QMOHO Percent Mobile Homes QEXTRCT Percent Employment in Extractive Industries QSERV Percent Employment in Service Industry QFEMLBR Percent Female Participation in Labor Force QNOAUTOt Percent of Housing Units with No Car QUNOCCHUt Percent Unoccupied Housing Units 40 AppendixVulnerability County Comparison Wthin the Nation I k t u J ty LA 'i may, jlR �A nnm National Quantiles EM High(Tap 20%) F-1 Medium Low N ® Medium High El Low(Bottom 20%0) 0 25 50 100 Miles Medium L.__a HVRI 41 ®Miltilgation Frequently Asked Questions Flor'i:d'�' Updated: r Q. How can 1 join the Mitigation distribution list? A.To remain up to date with CDBG-Mitigation activities, please sign up here. Q. Will infrastructure projects have requirements for being fully prepared to break ground, receive permitting or have premade engineering designs? A. No, infrastructure projects are not required to be shovel ready. Q. Who is eligible to apply? A. Units of general local governments (UGLG), state agencies and other applicants including, but not limited to, non-profits and non-governmental agencies, are eligible to apply for the General Infrastructure Program and Critical Facility Hardening Program. UGLG, state agencies, non-profits and educational institutions are eligible to apply for the General Planning Program. If an entity is not a UGLG, they must apply in partnership with their UGLG. Q. Do you anticipate any funding available for Hurricane Michael impacted communities? A. DEO submitted a waiver to the U.S. Department of Housing and Urban Development(HUD)to determine if areas impacted by Hurricane Michael could qualify for CDBG-MIT funding. On February 20, 2020, HUD informed DEO that request to include all 67 Florida counties were denied. HUD has however, recently allocated more than $735 million in Community Development Block Grant-Disaster Recovery(CDBG-DR)funds to address unmet recovery needs from Hurricane Michael. Q. Where and when can 1 apply for a project or program? A.The State Action Plan must be approved by HUD before program details can be finalized. At this time, the CDBG-MIT program is not accepting any applications. When the application window opens, DEO will send out an email and update its webpage with all pertinent application information. Q. Will you be providing support on application submissions and grant maintenance? A.Yes, DEO will provide technical assistance during the application submission period and grant monitoring stages. Q. When would we realistically have access to grant funds? A. DEO anticipates awarding grant funds in late 2020. Q. What is the maximum allocation an agency can request for a single project? A. Maximum and minimum project allocations will be included in our Program Guidelines, which will be published after HUD's approval of the State Action Plan. ®Questions Miltilgation Frequently Asked I Updated: r Q.Can DEO clarify the definition of planning? A.There are two separate planning categories: one for General Program Planning and one is for DEO Planning and Administration.The General Planning Program funds will be available to applicants seeking to update mitigation plans, integrate mitigation plans with other planning initiatives, modernize building codes and regional land-use plans, and/or upgrade mapping, data and other capabilities. Further details for the General Planning program will be made available through forthcoming Program Guidelines. Q. Can you explain the 50%LMI requirement? A. HUD requires that CDBG-MIT grantees (in this case, DEO) expend at least 50%of funds in the aggregate for activities that benefit low-to-moderate income (LMI) persons. Subgrantees (applicants) will be eligible for additional points in the scoring process based on the percentages of LMI persons that are served by their project. Q. How is the Risk Assessment being developed? A.As directed by HUD, the Risk-Based Mitigation Needs Assessment used the State Hazard Mitigation Plan (gathered from Local Mitigation Strategy groups) as the basis for quantitively and qualitatively- supported data. Federal data sources from the Federal Emergency Management Agency(FEMA), HUD, and the National Oceanic and Atmospheric Administration (NOAA) informed historic damage patterns, demographic information and statistical information. State agency reports and plans were reviewed for relevant information. Additionally, research articles and survey data were used to support hazard descriptions and were considered for information regarding past hazard events. Q. How are HUD MID areas determined? A. HUD Most Impacted and Distressed (MID) areas are determined through federal designation. DEO does not have input on the designation of HUD MID areas. State-identified MID areas were identified by the state of Florida as areas of need that were not specified by HUD. State MID areas include counties that were eligible for FEMA Individual and Public Assistance Categories A-G in presidentially-declared counties for each of the included storms. Q. Is there a match requirement? A. At this time, DEO does not anticipate requiring a local match in order to receive funds. CDBG-MIT funding can be used as local/state share of federal funding if projects meet mitigation criteria. ®Miltilgation Frequently Asked Questions Flor'i:d'�' Updated: r Q. Is my county or city eligible to receive funds? A.The counties and zip codes eligible to receive funding are listed below: Brevard, Broward, Clay, Collier, Duval, HUD MID Counties Hillsborough, Lee, Miami Dade, Monroe, Orange, Osceola, Palm Beach, Polk, St. Johns, St. Lucie and Volusia HUD MID Zip Codes 32084, 32091, 32136, 32145, 32771, 33440, 33523, 33825, 33870, 32068, 33935, 34266 Alachua, Baker, Bradford, Charlotte, Citrus, State MID Counties Columbia, Desoto, Dixie, Flagler, Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, Indian River, Lafayette, Lake, Leon, Levy, Manatee, Marion, Martin, Nassau, Okeechobee, Pasco, Pinellas, Putnam, Sarasota, Seminole, Sumter, Suwannee, Union A minimum of 50%of the funding must be allocated to HUD MID counties and zip codes. N ry AHuD-D@s�gnwiad MID t4H .m � ' 7 ®Questions Miltilgation Frequently Asked i Updated: r Q.Why isn't there a housing program? A.While DEO recognizes the importance of housing initiatives in Florida's communities,this need is already being addressed through Community Development Block Grant—Disaster Recovery(CDBG- DR) funds for Hurricane Irma. Q. Where were the Regional Workshops held? A.All scheduled Regional Workshops regarding the State Action Plan development have been held. DEO will announce additional regional workshops and webinars for each program being funded after the Mitigation Program Guidelines are published. DEO will notify its partners when these public workshops are scheduled. Q. Where can 1 find the webinar slides and transcripts? A.The webinar slides and transcripts can be found on the program website: http:JJfloridajobs.org robuildflorida miti ation Date: 04/09/2020 e j DEJ Florida FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY Rebuild on a GDBG - Mitigation Critical Facilities Hardening Program Application Official Project Title Sheriffs Office Detention Center Critical Facility Hardening Project Applicant Information Official Applicant Monroe County Board of County Commissioners FEIN#: 59-60000749 Entity Name: tY tY Primary Project Contact Cary Knight DUNS#: 0738767570000 Name: Title: Director of Project Management E-mail: Knight-Cary@monroecounty-fl.gov Mailing Address: 1100 Simonton Street Phone 305-292-4527 Number: City: Key West state: Fl Zip code: 33040 Please list co-applicant entities if any: Contact Person: E-mail Address: NA Project Description Write an overview/summary, not to exceed 2,500 words, of the project being proposed. 1) State the project purpose and include a description of the critical facility to be hardened. 2) Specify the risk(s) that will be mitigated by completion of this project. 3) Describe how the work will be completed and the team that will be responsible. 4) Explain the method used to determine project funding requirements. 5) Describe anticipated outcomes. 6) Describe how the facility will be maintained after it is hardened. Insert Attachment: Please title doc: EntityNamePD_CFHP Community Value Describe, in 1,500 words or less, the critical facility's value to the community in normal circumstances and in times of natural disasters. Which of the seven community lifelines will be served by completion of this project? How does this project enhance community resilience? Does the facility have any cultural or historical significance? Attach a maximum of ten photographs that provide both interior and exterior views. Insert Attachment: I I Please title zip folder: EntityNameCV CFHP Capacity Plan Provide a strategic plan overview of 1,500 words or less that addresses goals, stakeholders, the work plan, (major tasks and deliverables), resources (staffing and budget) and monitoring/quality controls. Identify the staff members who will be responsible and/or positions that will be filled for CFHP project management and maintenance. Provide a short profile on each person on your current staff who perform project-related tasks and a position description for any new hires who will be assigned to project responsibilities. Have any project contractors been identified? If so, briefly describe your selection process. Insert Attachment: Please title doc: EntityNameCP_CFHP Implementation Plan Prepare a chronological timeline for the entire life of the project that organizes work into logical, manageable tasks and deliverables. The Implementation Plan Template has been provided in Appendix D of the CFHP Guidelines. Insert Attachment: Please rename template: EntityNamelP_CFHP Budget Include your project budget using the Budget Template found in Appendix E in the CFHP Guidelines. Ensure your budget is reasonable, appropriate and accurate. Are the budgeted items consistent with the project description and tasks? Does the amount requested fall within the CFHP applicant's allowable minimum ($50,000) and maximum $15,000,000 ? Ensure there is no duplication of benefits. Insert Attachment: Please rename template: EntityNameBudget CFHP Is there any duplication of benefits? Yes: ❑ No: ✓❑ All funds identified for use on your project must be fully disclosed and detailed to ensure budget accuracy and no duplication of benefits. Do you anticipate receiving any funds for this project that will Yes: No: not be supplied by the CDBG-MIT program? If yes, detail the ✓❑ ❑ anticipated or committed funds in the Leveraged Dollars section. Leveraged Dollars If your project involves the qualified use of matching or leveraged funds or services in any capacity, (see Part 4.6 in the CFHP Guidelines) then describe the specifics of leveraged fund/service usage. Answer: 1) Are there local or other funds available to address the proposed project in whole or in part? If yes, report all sources of funding and the amount available. 2) Disclose sources and uses of non CDBG-MIT funds. 3) What other federal, state and/ or local entities have you contacted concerning funding for the proposed project and what were the results? Put "N/A" if this section is not applicable to your project. The total project cost is $1,325,698 for full funding from the CDBG-MIT program. County Selection Select each county that your project benefits. DEO will use this information to assess MID, social vulnerability, rural and fiscally-constrained areas. Only counties eligible for CDBG-MIT funds are listed below. Alachua =Flagler =Leon =Pasco Baker =Gilchrist =Levy =Pinellas Bradford =Glades =Manatee =Polk Brevard =Hardee =Marion =Putnam Broward =Hendry =Martin =Sarasota =Charlotte =Hernando =Miami-Dade =Seminole Citrus =Highlands =Monroe =St. Johns Clay =Hillsborough =Nassau =St. Lucie Collier =Indian River =Okeechobee =Sumter Columbia =Lafayette =Orange =Suwannee =DeSoto =Lake =Osceola =Union Dixie =Lee =Palm Beach =Volusia =Duval Overall LMI Benefit Identify and list the Census Tract number followed by all LMI Block Groups your project benefits. Example: Tract: 200, Block group: 2, 3; Tract: 2902, Block group: 1, 3, 4, 5, etc. 9714011 971501 1, 2 971502 1, 2, 3 9716001 971700 1, 2, 3 971800 1, 2, 3, 4 971900 1, 2, 3 972000 1, 2, 3 972100 1, 2, 3 972200 1, 2, 3, 4 972300 1, 2, 3 972400 1, 2, 3 972500 1 972600 Service Area LMI: 56.5714 Special Designations Does your project benefit an Area of Critical State Concern Yes: No- -according to Florida Statutes 380.05? What is the area of critical state concern? city of Key west and the Florida Keys Areas(Monroe county) Compliance According to 84 FIR 45838 August 30, 2019 Section V.A.(18), "The State shall make reviews and audits, including on-site reviews of any subrecipients, designated public agencies, and local governments, as may be necessary or appropriate to meet the requirements of section 104(e)(2) of the HCDA, as amended, as modified by this notice. In the case of noncompliance with these requirements, the State shall take such actions as may be appropriate to prevent a continuance of the deficiency, mitigate any adverse effects or consequences, and prevent a recurrence. The State shall establish remedies for noncompliance by any designated subrecipients, public agencies, or local governments." Can you certify to comply with state and federal register Yes: No- regulations ❑ as outlined in 84 FIR 45838? Maintenance Agreement According to 84 FR 45838 August 30, 2019 Section V.A.2.a(10), "Each grantee must plan for the long-term operation and maintenance of infrastructure and public facility projects funded with CDBG-MIT funds. The grantee must describe in its action plan how it will fund long-term operation and maintenance for CDBG-MIT projects. Additionally, the grantee must describe any State or local resources that have been identified for the operation and maintenance costs of projects assisted with CDBG-MIT funds." As such, Federal Register expectations on maintenance for CDBG-MIT projects are expected to be maintained by each entity who proposes a CFHP project. Can you certify that your entity will comply with state and Yes: No: subrecipient monitoring and maintenance requirements as ✓❑ ❑ outlined by 84 FR 45838? Sign and Date As the primary entity contact for this project, I certify that staff, contractors, vendors and community partners of our mitigation initiative: A. Will comply with all HUD and Florida requirements in the administration of the proposed CDBG-MIT funded activities; B. Will work in a cooperative manner to execute the Subrecipient Agreement that provides the pathway for successful CDBG-MIT program(s) and/or project(s) and; C. Certify that all information submitted in this Application is true and accurate Signature: Date:105/22/2020 Print button will only print application and not attached documents. Submit button will deliver application to email to the cdbg-mit@deo.myflorida.com. Please attach all relevant documents to this email. Print Application Submit Application Monroe Countv Sheriffs Office, Detention Center Critical Facilitv Hardening Project Monroe County Sheriff's Office—Detention Center on Stock Island Critical Facility Hardening Project Project Description 1) Purpose and Description- Monroe County Sheriff's Office Detention Center is �� located at 5501 College Road, Key West, Florida 33040. This detention center is one of three detention centers in the Florida Keys. The Key West detention r` center holds up to 596 inmates and includes a kitchen, sick bay and medical offices, as well as a video ` first-appearance room and , an officers' dining room. The "aVb facility also has dorm room facilities to provide sleeping for not correctional staff but also Sheriff's Office members activated for disasters. Inmates from the Lower Keys, as well as all inmates judged to be violent or high profile are housed here. The other two detention centers are located in Marathon which serves the middle keys and Plantation Key which serves the upper keys. These critical facilities are essential to public safety in the Florida Keys. This project will install hurricane impact resistant windows and door, create a back-up water supply by installing 2 elevated, wind resistant water tanks, and a below ground fuel tank to power the emergency generator at total cost of$1,325,698. This important project will ensure that on- duty correctional staff and incarcerated persons are safe, can continue to operate communications and security equipment, fire suppression equipment, and all other health and safety systems when sheltered and working at the Correction Facility during disasters. This project will also ensure that equipment and vehicles are protected and fully functional post disaster impact, and allow public safety service before, during and after a disaster. The Detention Facility will be maintained by Monroe County Facilities Maintenance and Public Works within their routine maintenance schedule. Mitigated Risks- The Administrative Headquarter structure is 25 years old and built prior to the increased 180 mph Monroe County wind-loading standard. It is vulnerable to high winds, storm surge, sea level rise, and flooding events. The building is located in a VE 11 FEMA Flood Zone. There is a small section on the north side of the building located in a VE 13 FEMA Flood Zone. During Hurricane Irma, the Sheriff's Office evacuated almost 500 inmates to Palm Beach County due to the vulnerability of the facility, lack of sufficient fuel for the emergency generator, and insufficient water supply for not only drinking water CFHP Project Description Page 1 of 5 Monroe Countv Sheriffs Office, Detention Center Critical Facilitv Hardening Project but also fire suppression and flushing toilets. The lack of a redundant water supply posed a life safety risk for inmates and personnel. Standard XXX requires Detention Centers to maintain XXX of a redundant water supply for fire suppression and flushing of the toilets. Because the Florida Keys Aqueduct Authority routinely shuts down the water supply during hurricanes to avoid major leaks, maintaining a reliable and redundant water supply is critical for life safety. This grant would provide sufficient water storage to ensure safety and maintain lifesaving systems. Standard XXX requires that all detention center maintain a ten (10) day supply of fuel for the emergency generator. The generators that are at the center require approximately 1,000 gallons per day. Therefore, the total supply needed is at least 10,000 gallons. In addition to the Detention Center, the fuel tank will also supply the Sheriff's Office headquarters and the Juvenile Justice Center, which are located immediately adjacent to the jail and serve as vital critical facilities on a daily basis and during disasters. This project would fund the installation of two hurricane impact resistant, elevated fuel storage tanks to supplement the one functional underground tank which is currently located at the facility. During Hurricane Irma, this building sustained roof damage despite the fact that it was not located in close vicinity to the hurricane eye wall. Structural damage, communications failures and power outages severely hampered post disaster operations in the Florida Keys and could have been detrimental to the inmates and correctional officers within the Correctional Facility. Monroe County has aggressively completed a series of mitigation projects at the Detention Center in the last three years providing flood proofing, hardening the roof, and increasing generator capacity. This project will provide the additional mitigation measures needed to maintain this vital critical facility. 2) Workplan and Staffing: The project will be implemented by a highly experienced project management team consisting of the following individuals: • Administrative Program Executive, Cary Knight • Project Manager, Raj Ramsingh • Contract Manager, Breanne Erickson • Construction Quality Control and Safety Manager, Steven Sanders • Facilities Maintenance Director for Correction Facilities, Kevin Wilson • Construction Inspectors /Permitting Inspectors from Building Department • Supported by the Finance and Budgeting Department, the Clerk of the Court, as well as the County Attorney Office CFHP Project Description Page 2 of 5 Monroe Countv Sheriffs Office, Detention Center Critical Facilitv Hardening Project In addition to internal staff, Monroe County will solicit vendor services for Project Design Services, Project Construction Services, and Historical and Environmental Review Services. All procurement process will comply with the procurement standards in 2 C.F.R. §200.318 - §200.326 when procuring property and services under this Agreement. Sheriff's Office Detention Center will be under construction over a period of two years and four months (September 2020 through January 2023). Once the sub-recipient agreement is executed, and the vendors procured, we estimate that the design phase may begin with 5-6 months. Once the permitting process and the environmental review, we estimate that construction phase will be conducted between September 2021 and January 2023. 3) Funding and Costing Methodology: The Monroe County Project Management Department working in close partnership with the Monroe County Sheriff's Office comprehensively evaluated the Detention Center for internal and external opportunities to harden the structure, build redundancy and resilience. The following proposed mitigation initiatives will create a structure that is not only able to withstand higher wind loads and avoid flooding but also maintain all life safety critical systems and enhance efficiency. 1. Windows: The Detention Center contains 32 windows. We propose to replace them with Hurricane Impact Resistant windows. Cost $ 580,032 2. Doors: The Detention Center has a total of XX doors. We propose to replace these doors with Hurricane Impact Resistant Doors. Cost $ 64,000 3. Back-up water supply. Cost $70,000 4. Fuel Tanks: Install an underground tank to increase capacity to 10,000 gallons. Cost: $225,000 5. LED Lighting: Install energy efficient lighting to increase building resilience. Cost: $175,000 6. Construction Management: Construction Management will be conducted at 9% of the total project cost. Cost $100,262 7. Planning and Design: Monroe County will competitively bid a design engineer at 10 % of the project cost: Cost $ $111,403 Total Project Cost:$1,325,698 The total cost to harden this critical facility is $1,325,698 The detailed cost estimate was generated by an experienced Project Manager utilizing a cost estimating software package and working in partnership with Facilities Management staff. 5) Outcomes: Hurricane Irma caused a countywide evacuation order for the Florida Keys. The Detention Center evacuated all inmates due to the vulnerability of the facility and lack of redundant water supply and fuel. Corrections personnel were required to stay CFHP Project Description Page 3 of 5 Monroe Countv Sheriffs Office, Detention Center Critical Facilitv Hardening Project in the county and had to endure difficult conditions as all communications were down for days — including police radios; power was out for weeks in some areas, the Keys water supply was compromised and it took considerable time to clear the roadways enough to bring in needed supplies. This vital critical facility must be a more resilient structure in order to build community resilience. This structure must ensure that on-duty personnel are protected when sheltered and working at the Detention Center during disasters, equipment and vehicles are protected and fully functional post disaster impact, and allow public safety service before, during and after a disaster. The ongoing continuity of operations of the Detention Center vital to Public Safety. Maintenance of these fundamental community safety functions through a hardened resilient structure will allow the community to quickly stabilize and recover. 6) Maintenance: The MCSO Detention Center will be maintained by Monroe County Facilities Maintenance and Public Works, Correctional Facilities Department within their routine maintenance schedule. Facilities Maintenance and Public Works is responsible for the day-to-day maintenance and operations of more than 100 County-owned parks or buildings. When a facility needs significant repair or improvement, the department collaborates with the Project Management department. When major renovations occur at County owned facilities, the structure must complete a building commissioning process which will be conducted by the Commissioning Team consisting of members of the project management team, the Facilities Management Department, and the Sheriff's Office Liaison. This is a comprehensive systematic quality assurance process to ensure that building systems are designed, installed, tested, and capable of being operated and maintained to perform interactively according to the design intent and the Sheriff's Office operational needs. During the Commissioning process, the Facilities Maintenance Department, Correction Facilities Unit will update the structural information of the building within the electronic facilities maintenance management system (Dude Solutions Asset Essentials). This system contains all vital building information including design information, warranty requirements for scheduled maintenance, and schedules for all key systems. The system automatically generates routine preventative maintenance and annual inspection work orders for the Facilities Maintenance team. This system also allows transparency into the long-term cost of building maintenance. Monroe County Facilities Maintenance Department maintains a facilities work order data management system for preventative maintenance of all county facilities. The system also generates forecasting for future work which annually is incorporated into the Monroe County Board of County Commissioner budgeting process. Based upon publically available funds, the Board of County Commissioners will direct the percentage of the budget, which is, dedicated to facilities maintenance operations. CFHP Project Description Page 4 of 5 Monroe Countv Sheriffs Office, Detention Center Critical Facilitv Hardening Project Project Site r MCSC7 Sh2rtfl 4Q t MCSO Cetention Ccnter Applicanan ID.3 � �� eru�ce krea.County Wide Serv¢z JSrea Ropulatmn_75351 ire, LMI Percentage TBQ f , is 4 t � E � S lAlt't Mantua C.-ty Crigical Facility Hardening Projec4 , CFHP Project Description Page 5 of 5 Monroe County Sheriff's Office, Detention Center Critical Facilitv Hardening Project Monroe County Sheriff's Office Detention Center on Stock Island Critical Facility Hardening Project Capacity Plan Goal: Monroe County proposes to enhance the resilience of the Detention Center to ensure the safety of inmates and correctional personnel and redundant life safety systems. Major Tasks: Major tasks to be completed include vendor acquisition for engineering design and construction services, permitting approvals, construction, and maintenance. This will be completed at a cost of $1,325,698 CDBG-MIT funds. Tasks To Be Accomplished- 1. Execute Sub-recipient agreement (Administrative Program Executive and Board of County Commissioners) — 10/15/2020 2. Solicit competitive quotes/bids utilizing Federal Procurement Requirements (Project Manager and Contractor Selection Committee) — 10/30/2020 3. Select a contractors for design, construction, equipment and materials (Project Manager and Contractor Selection Committee) — 12/30/2020 4. Execute contract for the design and construction. (Administrative Program Executive and the Monroe County Board of County Commissioners) - 1/15/2021 5. Issue Notice To Proceed (Project Manager) — 2/1/2021 6. Conduct Environmental Review in compliance with federal requirements (Project Manager and Contractor) — 6/30/2021 7. Process necessary permits (Contractor) - 08/01/2021 8. Monitor Renovations and complete installation of systems Phase (Project Manager) — 01/30/2023 a. 25% completion-1/30/2022 b. 50% completion: 5/30/2022 c. 75 % completion: 9/30/2022 d. 100 % completion: 1/30/2023 9. Close-out Project (Project Manager) — 4/30/2023 10.Structure Commissioning (Project Manager and Facilities Management Director) — 4/1/2023 Deliverables: The following deliverables will be developed for verification of project success. • BOCC Agenda Item for Sub-recipient Agreement — First Quarter • BOCC Agenda Item for Vendor Request for Proposals- First Quarter • BOCC Agenda Item for Contractor Selection — First Quarter • BOCC Agenda Item for Vendor Contracts — First Quarter • Vendor Contracts (Engineering Design, Construction) — Second Quarter CFHP Capacity Plan Page 1 of 6 Monroe County Sheriff's Office, Detention Center Critical Facility Hardening Project • 50% and 100% Construction Design Plans — Second Quarter • Approved Permits and Inspection Approvals — Second Quarter • Environmental Review Approval- Second Quarter • Project construction completion target Audits—Third Quarter through sixth Quarter • Progress Reports, Financial Reports, Invoice Documentation - Quarterly • Project Close-out Report — Final Quarter Stakeholders and Staffing Resources Director of the Project Management Department, Cary „ Knight: He will serve as the Administrative Program Executive in charge of communicating with the administrative and <<� politically elected leadership on the status of the Project. He willih�� approve budgetary issues, financial expenditures, revenues and ensure sufficient resources are available. The Executive will also resolve conflicts among staff, vendors, contractors permitting agencies, the public and others. Project Manager, Raj Ramsingh: The Project Managers oversees all aspects of the building process, working with engineers and architects to develop plans, establish timetables, and determine labor and material costs. He is responsible for ensuring the project is completed on budget and within scope. , tk? The Project Manager coordinates with all members of the Project Team including contracted engineering and construction vendors, u zi fr a liaison from the Sheriff's Office, Monroe County Planning and Building Department, as well as the Facilities Maintenance Department. He develops the Work Plan, issues the Notice To �� : Proceed, monitors engineering design and project construction, verifies permit and inspections are conducted in accordance with local, state, and federal requirements governing construction and requirements detailed in the sub-recipient agreement with DEO. Experience: Raj Ramsingh has been a State of Florida certified contractor since 1999. He currently works for Monroe County Project Management. He owns a construction company aS well as a Private Provider inspection company. Besides his contractor's license, he also holds a Chief Building Official certification, Commercial building inspectors license, Residential (building, plumbing, electrical & mechanical) inspector's licenses. Before working with the Monroe County he held the Chief Building Official position within the City of Key West. Contract Manager, Breanne Erickson — The Contract Manager will work with the Project Manager to oversee that the project is performed within the contractual requirements of the CDBG-DR Subapplicant agreement and vendor contracts. This manager is responsible for CFHP Capacity Plan Page 2 of 6 Monroe County Sheriff's Office, Detention Center Critical Facility Hardening Project coordinating every aspect of the project from reviewing and approving contract terms to coordinating deadlines, approving budgets and ensuring procurement follows Federal Register and grantor requirements, ensures schedules and budget requirements are maintained, assists with procurement and closeout of all contracts and grants. The Contract Manager will process all invoices from vendors and grant reimbursement requests. Experience- Breanne Erickson graduated from the University of Minnesota and began her professional career in the Monroe County Engineering Department where she worked as a Senior Engineering Technician. In September 2018, she was promoted to a Contract Administrator in the Project Management Department. She has managed over $50 million in construction contracts including overseeing Requests for Proposals, contract development, federal procurement requirements, regulatory compliance and vendor invoicing and payment. Construction Quality Control and Safety Manager, Steven Sanders — The Construction Quality Control and Safety Manager ` saty is responsible for managing and performing the daily quality ' �� control responsibilities to ensure the project is constructed in l accordance with the design and building standards. This position s has direct oversight and review of the entire documentation and physical inspection phase of the work flow process and working closely with the Project Manager and external vendors to produce and document a quality construction project. Mr. Thompson will 4t= also identify safety related issues and risks on the project site. Once risks are identified, they work with the project leadership to design solutions to mitigate the exposure to those risks. Experience: Steven has worked in Construction for the last 30+ years as a Supervisor or a site Foreman for larger projects being developed in Florida, running crews of up to 15 or more, clearing and hauling, burning or grinding of debris, setting up elevations for both buildings or house pads and roads, level and compaction for all buildings pads and roads built on these projects for both Commercial and Residential properties. Since he completed OSHA training in 2018, Steve conducts daily inspections for all County Capital projects, and OSHA safety checks as well as Quality Control on Contractors for work completed. • 2016 hired on with the County as Project Manager • 2018 completed OSHA certification to train workers for their OSHA 10 and 30 Construction cards • 2019 Trained (21) Public Work Employees to receive their OSHA 10 cards Facilities Maintenance Director for Correction Facilities, Dan Beasley- Mr. Beasley oversees the Facilities Maintenance Department. This Department is responsible for the CFHP Capacity Plan Page 3 of 6 Monroe County Sheriff's Office, Detention Center Critical Facility Hardening Project day-to-day maintenance and operations of the three detention facilities and other SO facilities. They provide 24-hour, routine and emergency maintenance and ensure that all accreditation standards are met. Staff assist with the development of new MCSO buildings and improvements. Experience: NEED BIO The Finance and Budgeting Department, the Clerk of the Court, as well as the County Attorney Office, will work with the Project Manager to ensure procurement follows Federal Register and grantor requirements, ensures schedules and budget requirements are maintained, assists with procurement and closeout of all contracts and grants. The Construction Inspectors and plans examiners, lead by the Monroe County Building Official Rick Griffin, meet the qualifications for licensing in the appropriate trade as established by the state. The inspectors and plan examiners will coordinate with the Project Manager and the construction vendors to ensure all construction meets local building code requirements and adhere to engineering, budget, safety and outcomes. '` Team Experience: Team Experience: The Project Management Department has a team of 10 experienced, certified Project Managers, Contract Managers, and construction professionals. This team has successfully completed numerous construction projects in the last ten years of which over$100 Million have been grant funded projects from Federal, State and local sources including HUD CDBG-DR, FEMA Public Assistance, Federal Highway Administration, Division of Historical Resources among others. Current staff will manage the implementation of the project tasks and compliance with CDBG-MIT requirements. Upon grant award and execution by the Project Manager will work with the finance and procurement department to engage a contractor to undertake the construction of the project. At this time, the Project Team is already formed. Contractors will be secured through a competitive bid procurement process using a Request for Proposals (RFP) in accordance with 84 FR 45838. This process will include all required federal and state requirements for construction contracts that � include but are not limited to Davis Bacon and � Section 3Jn addition to the internal staff listed ` above, Monroe County will solicit vendorG` services for Project Design Services, Project Construction Services, and Historical and Environmental Review Services. All procurement process will comply with the procurement standards in 2 C.F.R. §200.318 - §200.326 when procuring property and services under this Agreement. CFHP Capacity Plan Page 4 of 6 Monroe County Sheriff's Office, Detention Center Critical Facilitv Hardening Project Monroe County Project Organization Chart Ft�ttF0�,gatttf Ott ...... ..... ....... ..... }. ...... .... .... ..... t3. --------------- a f ----._k'' Monroe County Government Contracted Vendor Services Budget Resources: In 2017 Hurricane Irma left not only a devastating blow to the community but also to the local government budget. As payments have been received from the Federal Emergency Management Agency and insurance proceeds, the county has been able to regain financial solvency. The Covid-19 epidemic, however, has again left a deep impact on revenue sources that derive from tourism and sales. These revenue losses will likely have long lasting impacts. The county is currently under a hiring freeze and purchasing freeze with many employees furloughed. It is Monroe County's goal to continue to move forward in these important mitigation projects, however, matching local fund requirements may become prohibitive. Allowing CFHP Capacity Plan Page 5 of 6 Monroe County Sheriff's Office, Detention Center Critical Facilitv Hardening Project the CDBG-DR Infrastructure Repair Program funds to match the HMGP funds will ensure that this project may be completed. CFHP Capacity Plan Page 6 of 6 Monroe County Sheriff's Office, Detention Center Critical Facilitv Hardening Project Monroe County Sheriffs Office Detention Center Critical Facility Hardening Project Community Value Describe, in 1,500 words or less, the critical facility's value to the community in normalcircumstances and in times of natural disasters. Which of the seven community lifelines will be served by completion of this project? How does this project enhance community resilience? Does the facility have any cultural or historical significance?Attach a maximum of ten photographs that provide both interior and exterior views. Function: The Monroe County Sheriff's Office (MCSO), Detention Center has served Monroe County for over XXX years and is one of three detention centers in Monroe County. The Corrections Bureau provides processing, detention, behavior modification, and inmate worker services for all law enforcement agencies in Monroe County. In 2018, 6,264 people were booked through the three jail facilities. The units and dorms house from 54 to 95 inmates each. Following is a listing of services provided at the Detention Center: • Inmate Programs: The Inmate Programs and Services Division handles the daily needs of inmates including mail, laundry, accounting, commissary, religious and educational programs. • Jail In-House Program: The Jail In-House Program (JIP) provides substance abuse services for inmates. These services include assessment and treatment planning, individual and group counseling, addiction and co-occurring education, relapse and recidivism prevention planning, employment and financial skills, trauma informed services, transition/discharge preparation and continued recovery planning. • Behavior Modification Program: The Behavior Modification program continues to help inmates modify their behavior and develop skills to assist their transition back into society. This program offers classes in life skills, anger management and parenting for both male and female inmates. A class is also offered for male batterers. • Inmate Work Release Program: The Work Release program allows selected, low-risk offenders to work in the community while completing the terms of their sentence. The program gives the offender a marketable trade or skill which reduces recidivism. The offender also has the opportunity to pay restitution for their crimes, help support their families while incarcerated and experience a more positive transition back into the community. • Inmate Workers Program: The Inmate Workers program saves taxpayers significant money by assigning inmates to work details with County Public Works, municipalities and other public service agencies in Monroe County. CFHP Community Value Page 1 of 3 Monroe Countv Sheriffs Office, Detention Center Critical Facilitv Hardening Project • The Classification Unit: This unit determines custody and housing assignments for all inmates. It also processes court information and release documentation. • Jail Health Services: A contracted vendor provides medical care under the direction of a medical health administrator, including medical, dental, and psychiatric services. • Jail Food Services: A contracted vendor provides three meals a day to inmates, serving 669,257 meals in 2018. Community Value Post Disaster: The ongoing continuity of operations is vital to health and safety of jail personnel, the incarcerated persons in Monroe County and to the security of the surrounding community. Failure to maintain power, water, and communications in the aftermath of a disaster could have devastating impacts within the community and on personnel safety. Maintenance of these fundamental functions will allow the community to maintain security. Community Lifelines: With the hardening of the MCSO, Detention Center, Monroe County would strengthening the following lifelines: •Safety and Security: The Detention Center is an integral component of the Law Enforcement/Security, Community Safety, and S. a„d government Services subcomponents. Without a functioning and Seca ity secure detention center within the community, overall community safety cannot be effectively reestablished. Personnel must also remain within the facility throughout a disaster event reaffirming the necessity of having a resilient, hardened building. • Food Water and Shelter: The jail must provide continuous food, water, and shelter to the inmates under their supervision. While vendor services are employed to support this function, inmates must remain under security and supervision throughout the disaster and recovery Fond'Iftim s�k' phases. Local government are required to maintain a safe environment for its inmates. • Health and Medical: The jail provides health and medical services to the inmate population through vendor services. Inmates can not "red a° employ health and medical services available to the general public. •Communications: The jail is an integral member of the response community and maintains communications with law enforcement throughout disaster events. CFHP Community Value Page 2 of 3 Monroe Countv Sheriffs Office, Detention Center Critical Facilitv Hardening Project Community Resilience- The MCSO Detention Center is located within a VE 13 FEMA Flood zone. Being an island community, however, we must contend with the reality that most critical facilities are vulnerable to flooding and storm surge. Ensuring, therefore, that all critical facilities are highly resilient is vital to community safety. First responders in the Florida Keys cannot rely upon rapid automatic external mutual aid support to provide immediate lifesaving assistance due to the fact that access is limited into the Florida Keys and would be delayed due to damage to transportation routes and infrastructure. Traffic movement is also limited with a single lane of traffic in many segments of the only major transit route US 1. Bridges that connect the Island are a further point of vulnerability. All levels of government maintaining infrastructure in the Keys have invested heavily in building resilience; however, it takes only a single bridge outage to stop all traffic flow for extended periods of time. • Community Value- In addition to the MCSOs day to day law enforcement responsibilities, the corrections personnel are firmly committed to being a community partner. Members of the Corrections Bureau participated in numerous community events throughout the year including the following- • Care packages to the homeless, ` Christmas Tree sale for MARC House which is a non-profit organization serving adults with developmental disabilities • Relay for Life fund-raising activities, ( Soldier Ride is a fund raiser for wounded warrior project, ' Special Olympics Law Enforcement � t 4 Torch Run, Children's Day and National Night Out s events throughout the Keys. Bikes for kids collection at Christmas. • In an effort to maintain a local workforce, the Sheriff's Office regularly sponsors a corrections academy to train new employees. Attached to this zip file would be 10 photos of MCSO Detention Center and critical mechanical and electrical components. Attach photos here CFHP Community Value Page 3 of 3 a v O _ 0 z v O o U Q o 'u O � a U � FL C ¢ V U g w 3 O LL 6. C O O O 7 CL LL C C U z w U L 6 � O O i a = vt O :V U w to .G _ O y u i C E u .00 ? 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R U c » R a)CL cn § k QL 2 3 o c _� @ _ c E ') p 0 § L � D g@ § ■ c § @ _ t E / 2 ® - S § — 3 2 D 2@ # E ' u T- % § 2 % @ 7 R 7 7 + E � U § \ a � @ _ _ D OL -C _ _ 2 k 3 CU 2 ƒ 2 ƒ � 0 \ Z)� U k c O C � � v co t� O O p N N O co � � m o m L V L W 1-1 Ln r-I M N O (a 'C I •XO v = p (n L O C) � _ ri O Ln rq O i co � M N L C ri c L O cn :3 C � C � N O a co N cu t� � Co � = •a cu V 2 N c c Q O Q C 0) N W co (B p co F— 04 ri o.s � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting June 17, 2020 Agenda Item Number: 0.9 Agenda Item Summary #6954 BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington (305) 289- 2524 1:30 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A Public Meeting for citizens and municipalities to provide input on an application for grant funds to harden Detention Center on Stock Island in the amount of $191,600 utilizing Community Development Block Grant - Mitigation, Critical Facility Hardening Program funding from the Florida Department of Economic Opportunity (DEO) funded through the Federal Housing and Urban Development Agency (HUD), after a duly noticed 10 day public comment period; after a 10 day public notice and Approval to submit grant application to DEO. These are matching funds to the Hazard Mitigation Grant Program funding request. ITEM BACKGROUND: Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing the destruction and significant flooding of low-lying areas throughout the Florida Keys. Congress appropriated $633 Million for the State of Florida in the aftermath of Hurricane Irma for the Community Development Block Grant - Mitigation (CDBG-MIT) Program. The Florida Department of Economic Opportunity developed an Action Plan and allocated $75 Million for the Critical Facility Hardening Program. This grant application requests a total of $191,600 in CDBG- MIT funds to match the Hazard Mitigation Grant Program funding request of $574,799 for a total project cost of$766,398. DEO Program Parameters follow: Packet Pg. 2756 os �• Critical Facility Hardening Procrarn The critical Facillilty Hardening Program willl allow unilts of general local government (UGLG) and state agencies to harden critical buildings that serve a public safety purpose for local communities. This pro rarni will enable local police, fiire, shelters and local emergency management facilities and other designated critical facilliities to better withstand the effects of the previously-identified hazard risks. Examples of hardening a ailni t flood, filre, storms and coastal erosion, include, but are not limited to, dry proofiing., wet proofing, anchoring roof-mounted heating, shelters, ventilation and air-conditioning unilts and retrofittilng buildiing exteriors with hazard-resistant materials in accordance wilt -natiional safety standards. Packet Pg. 2757 os The hardening program will encompass energy resiiliency projects that help ensure that the most critical facilities in Florida communities have access to power throughout and following an emergency when local sources of power are down. Critical facilities include, but are not limited to, potable water facilities, waste water facilities, police departments,: fire departments,: hospitals, emergency operation centers and emergency shelters. Local units of government that apply for this program will need to identify critical facilltiies that have a need to update or replace existing power sources (such as generators or resiliency systems) so as to allow these facilities to safely maintain power during emergencies. Table 15: Critical Facility Hardening Program At a Chance Critical Facility Hardening Program At a Glance" Funding Dollars $75,000,000 Funding Percentage 1,2�a Application Type Subrecipient ,'applicant Eligibility UGLG, state agencies and other applicants including, but not limited to, non-profits and non-governmental agencies that apply in partnership with their local UGLG or state agencies- Geographic Eligibility HUD and State-Designated MIDS National Objectives Fullfilled L I and Urgent bleed Hazard) Risks Addressed Flooding, Severe Storms, Tropical Cyclones, Coastal Erosion, !lildfires Lifelines Protected Safetyand Security, Health and P,Jedicali, Energy, Communications General Program details are addressed in DEO's Policies and Procedures Manual at ra r. lo�ii aiol s.ciasuo k uil l �l l ii iti atiori. Program-specific details will be available in a Critical Facility Hardening Program Guidelines document to be made mailable prior to the onset of the program application period. To be eligible to receive funds, Monroe County must consider the needs of all municipalities within the incorporated as well as unincorporated area of the county. This meeting serves as a public meeting to hear public comment. The County has met the CDBG-MIT and DEO requirements for notice and documentation. As per the grant requirements, public notice of this public meeting and public notice of the 10-day public comment period was published in the Citizen, as the newspaper of general circulation in Monroe County and also posted to the County's website. The notices are attached for reference. Deadline for Comments is June 15, 2020. Contact Person: Cary Knight at 305-292-4527 and at Knight-Cary@MonroeCounty-FI.Gov. Packet Pg. 2758 0.9 Monroe County's application for CDBG-DR Mitigation funds can be found at monroecounty- fl.gov/irmarecovery. PREVIOUS RELEVANT BOCC ACTION: NA CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: APPROVE DOCUMENTATION: CFHP DEO Guidelines cdbg-mitigation-frequently-asked-questions-11-1-2019 CDBG-MIT Detention Center All FINANCIAL IMPACT: Effective Date: PENDING Expiration Date: Total Dollar Value of Contract: NA Total Cost to County: None Current Year Portion: NA Budgeted: No Source of Funds: NA CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NA If yes, amount: Grant: $ 191,600 County Match: $ 0 Insurance Required: 0 Additional Details: REVIEWED BY: Helene Wetherington Completed 05/26/2020 4:36 PM Assistant County Administrator Christine Hurley Completed 05/28/2020 2:25 PM Cary Knight Completed 06/01/2020 12:41 PM Christine Limbert Completed 06/01/2020 3:08 PM Packet Pg. 2759 os Purchasing Completed 06/01/2020 3:27 PM Budget and Finance Completed 06/01/2020 3:31 PM Maria Slavik Completed 06/01/2020 5:11 PM Kathy Peters Completed 06/02/2020 11:23 AM Board of County Commissioners Pending 06/17/2020 9:00 AM Packet Pg. 2760 0.9.a c t � 2 REBUILD FLORIDA CRITICAL FACILITY HARDENING PROGRAN < This document provides the guidelines fc E implementation of the Rebuild Florida Critic, Facility Hardening Program (CFHP) administere by the Florida Department of Economi Opportunity (DEO). This program is funded by th ' U.S. Department of Housing and Urba Development (HUD) Community Developmer Flor,id Block Grant - Mitigation (CDBG-MIT) allocation a ru described in Public Laws 115-56 and 115-123. CL CL Packet Pg. 2761 0.9.a Table List of Figures and Tables............................................................................................... 3 2 Part 1 - Definitions and Acronyms.................................................................................. 4 Part 2 - Program Overview............................................................................................. 6 2.1 Program Purpose....................................................................................... 6 2.2 Program Process....................................................................................... 7 2.3 Rebuild Florida Critical Facility Hardening Program (CFHP) ..................... 8 2.4 Eligible Activities ........................................................................................ 9 2.5 Program Requirements............................................................................ 10 2.6 Application for Program Services and Benefits........................................ 10 2.7 Priority Schedule...................................................................................... 10 2.8 Eligible Areas........................................................................................... 10 2.9 Allocation ................................................................................................. 11 2.10 Application & Assistance Timeline ........................................................... 11 2.11 National Objectives.................................................................................. 12 2.12 Program Management............................................................................. 13 2.13 Equal Opportunity.................................................................................... 14 0. 2.14 Conflict of Interest.................................................................................... 14 2.15 Anti-Fraud and Compliance Policies........................................................ 15 2.16 Files, Records and Reports ..................................................................... 16 2.17 Public Records......................................................................................... 16 _ 2.18 Section 3.................................................................................................. 16 .2 2.19 Environmental Review ............................................................................. 17 U 2.20 Program Income ...................................................................................... 17 Part 3 - Subrecipient Applicant Information................................................................... 18 3.1 Eligibility................................................................................................... 18 3.2 Request for Applications.......................................................................... 19 3.3 Application Process ................................................................................. 19 3.4 Application Requirements........................................................................ 19 3.5 Applicant Review Process Responsiveness ............................................ 20 Part4 - Scoring ............................................................................................................. 21 4.1 Award Determination ............................................................................... 21 4.2 Evaluation Team ...................................................................................... 26 4.3 Technical Assistance ............................................................................... 26 4.4 Subrecipient Responsibilities................................................................... 26 4.5 Compliance and Monitoring of Subrecipients........................................... 27 4.6 Construction Regulations......................................................................... 28 4.7 Appeals.................................................................................................... 29 ca Part5 - Financial ........................................................................................................... 31 E 5.1 Eligible & Ineligible Costs......................................................................... 31 Packet Pg. 2762 0.9.a 5.2 Funding Method....................................................................................... 31 5.3 Supplanting Funds................................................................................... 32 5.4 Duplication of Benefits (DOB) Overview .................................................. 32 5.5 Subrogation ............................................................................................. 32 5.6 Budget ..................................................................................................... 33 5.7 Procurement Requirements..................................................................... 33 Appendices ................................................................................................................... 35 Appendix A—Application Form ..................................................................................... 35 c Appendix B —Application Checklist & Instructions ........................................................ 36 c Appendix C — Completed Sample Application............................................................... 37 Appendix D — Implementation Plan Template ............................................................... 38 Appendix E — Budget Template..................................................................................... 39 Appendix F — Social Vulnerability Index (SoVI°) Variables ........................................... 40 0 Appendix G — Florida Social Vulnerability Index (SoVI°) Map....................................... 41 CL Packet Pg. 2763 List of Figures and Tables List of Figures Figure1: Community Lifelines .....................................................................................................................6 Figure 2: Preliminary Process—Application, Evaluation and Award.........................................7 Figure 3: Implementation Process—Service, Delivery and Compliance...................................8 Figure 4: Mitigation HUD and State MID Areas..............................................................................13 List of Tables 0 Table 1: Allocation of CDBG-MIT Funds............................................................................................7 Table2: CFHP.............................................................................................................................................9 Table 3: HUD MID Area Counties and Zip Codes...........................................................................11 Table 4: State MID Area Counties......................................................................................................11 Table 5: Mandatory Threshold Compliance Criteria.....................................................................21 E Table 6: Program Scoring Evaluation Rubric.................................................................................22 0 L. CL .2 2 0 CL u_ E 3 Packet Pg. 2764 0.9.a Definitions, r Action Plan: The State of Florida Mitigation Action Plan provides the high-level strategy to carry out strategic and high-impact activities to minimize or eliminate risks and reduce - losses from future disasters. The Plan also describes the opportunity to improve state and local planning protocols and procedures. The Plan was submitted to HUD on February 3, 2020. Applicant: Any entity that submits a response to the request for applications (RFA) for potential funding through the CDBG-MIT program. AMI- Area Median Income: The median (middle point) household income for an area adjusted for household size as published and annually updated by the United States Department of Housing and Urban Development (HUD). Once household income is determined, it is compared to HUD's income limit for that household size. CDBG- Community Development Block Grant. CDBG-MIT: Community Development Block Grant for mitigation projects. CDBG-DR: Community Development Block Grant for disaster recovery projects. CFHP- Critical Facility Hardening Program. Copeland Act-Anti-Kickback Act CWHSSA - Contract Work Hours and Safety Standards Act DBA - Davis-Bacon Act(DBA) DEO-Department of Economic Opportunity: Administrator of the CDBG-MIT program funded by HUD under Public Laws 115-56 and 115-123. DEO is the governor-designated state authority responsible for administering all long-term hazard mitigation and disaster recovery funds awarded to the state from HUD. DEM- (Florida) Division of Emergency Management. DOB - Duplication of Benefits: A duplication of benefits occurs if DEO provides assistance to a participant for the same purpose as any previous financial or in-kind assistance provided to that participant for the same purpose. The DEO CDBG-MIT program is prohibited from creating a DOB. This prohibition comes from the Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act) and therefore, these other sources of funds must be deducted from any potential award or expenditures for individual participants. DOH- (Florida) Department of Health ESHMP- Enhanced State Hazard Mitigation Plan. FEMA - Federal Emergency Management Agency. CL FR - Federal Register: The official journal of the Federal government of the United States that contains government agency rules, proposed rules, and public notices. A Federal Register Notice (FRN) is issued for each CDBG-DR funded disaster. The FRN outlines the rules that apply to each allocation of disaster funding. 4 Packet Pg. 2765 0.9.a HMGP— Hazard Mitigation Grant Program. HUD— U.S.— Department of Housing and Urban Development. LMH— Low to Moderate Income Household: A household having an income equal to or less than the Section 8 low income limit established by HUD. LMI—Low to Moderate Income National Objective: Activities that benefit households whose total annual gross income does not exceed 80% of AMI, adjusted for family size. • Extremely low: Household's annual income is up to 30% of the area median family income, as determined by HUD, adjusted for family size. • Very Low: Household's annual income is between 31% and 50% of the area median family income, as determined by HUD, adjusted for family size. • Low: Household's annual income is between 51% and 80% of the area median family income, as determined by HUD, adjusted for family size. MIDs — Most Impacted and Distressed Areas: Areas of most impact as determined by HUD or the state using the best available data sources to calculate the amount of disaster damage. The HUD-designated MID areas include Brevard, Broward, Clay, Collier, Duval Hillsborough, Lee, Miami-Dade, Monroe, Orange, Osceola, Palm Beach, Polk, St. Lucie and Volusia counties; and zip codes 32084, 32091, 32136, 32145, 32771, 33440, 33523, CL 33825, 33870, 33935, and 34266. The state-identified MID areas also include those counties that received both Individual Assistance (IA) and Public Assistance (PA) through the Federal Emergency Management Agency (FEMA). RFAs — Request for Applications: The DEO notice requesting applications for funding as a subrecipient for the CDGB-MIT program. 2 Response: Any application received for CDBG-MIT funding. Subrecipient:Any entity that has been awarded funding by DEO to implement a CDBG- , MIT project and that has executed a subrecipient agreement. Subrecipient agreement:An agreement between DEO and a subrecipient that has been awarded funding to implement a CDBG-MIT project. The agreement details the conditions under which funds are provided and the contractual obligations to which the subrecipient must adhere. Subrogation: Subrogation is a legal doctrine that allows one entity to take on the rights of another. In the context of mitigation grants, a subrecipient must enter into a subrogation agreement in which the funding agency (DEO) obtains the right to collect any additional mitigation payments the entity obtains for the same purpose after the entity has received CFHP benefits. UGLG: Units of general local government Urgent Need:A recent need that poses a serious and immediate threat to the health orCL welfare of the community. Packet Pg. 2766 0.9.a Part 2 — Program Overview 2.1 Program Purpose In April 2018, the U.S. Department of Housing and Urban Development(HUD)announced that the state of Florida would receive $633,485,000 in funding to support long-term mitigation efforts (following Hurricanes Hermine, Matthew and Irma)through HUD's newly created Community Development Block Grant — Mitigation (CDBG-MIT) program. The Federal Register Vol. 84, No. 169, which delineates all program requirements, was released on August 30, 2019. This funding is designed to address mitigation needs to ensure that the state of Florida is more resilient to future natural disasters. The Florida Department of Economic Opportunity (DEO) is the lead agency and responsible entity for administering the CDBG- MIT funds allocated to the state. The state of Florida's Action Plan, which was submitted to HUD on February 3, 2020, details how this funding, along with subsequent allocations, will be apportioned to address unmet mitigation needs in Florida that represent targeted strategic investments for grantees based on current or foreseeable risks. These mitigation funds represent a unique and significant opportunity for the state, in the areas most impacted by recent disasters, to carry out strategic and high-impact activities to minimize or eliminate risks and reduce losses from future disasters. In addition to 0. mitigating disaster risks, the funds provide an opportunity to improve state and local planning protocols and procedures. Florida's focus is to support data-informed investments through high-impact projects that will reduce risks attributable to natural disasters, with particular attention to repetitive losses of property and critical infrastructure. DEO's strategy is built on a comprehensive Risk Based Mitigation Needs Assessment, presented in its Action Plan, that identified flooding, severe storms, tropical cyclones, coastal erosion and wildfires as the most significant risks to Floridians. The state supports the adoption of policies that reflect local and regional priorities that will have long-lasting effects on community risk reduction, to include the reduction of risk to community lifelines. Community lifelines enable the continuous operation of government functions and critical businesses that are essential to human health and safety or economic security. The goal is to help protect critical community lifelines which are illustrated in Figure 1: y Figure 1:Community Lifelines uJ Safety and eiT(s Hazardau s ecurtly mur�cabons trraruspt�rtat9o,ru matenals tJ U Packet Pg. 2767 0.9.a Table 1 Illustrates Florida's plan for allocation of CDBG-MIT funds. Table 1: Allocation of CDBG-MIT Funds 0 Allocation of CDBG-MIT Funds Program Allocation Percent of Funding Infrastructure $550,000,000 87% • Rebuild Florida General $475,000,000 75% Infrastructure Program • Rebuild Florida Critical Facility $75,000,000 12% Hardening Program Planning and Administrative Costs $83,485,000 13% • Rebuild Florida General Planning $20,000,000 3% Support Program • DEO Administration $31,674,250 5% CL • DEO Planning $31,810,750 5% .E Total Allocation $633,485,000 100% 2.2 Program Process CDBG-MIT programs will be delivered in a multi-step process to comply with all applicable regulations and requirements. The preliminary process includes a Request for Applications (RFA) and submission of applications by eligible entities, followed by application evaluation and a scoring process that may result in an award of funding and the execution of a subrecipient agreement. The selected subrecipients will be responsible for delivery of services. During the implementation process, program funding will be provided to subrecipient awardees. Subrecipients must develop and implement policies, procedures and processes to deliver and maintain projects/services. Projects/services may be provided by the subrecipient directly or in partnership with governmental, private sector or non- profit partners. At the conclusion of the term specified in the subrecipient agreement, the grant will be closed. DEO, with support provided by its designated partners, will monitor subrecipients throughout the life of the project. Figure 2 illustrates the preliminary process; CL Figure 2: Preliminary Process—Application, Evaluation and Award EM 7 C( Packet Pg. 2768 0.9.a Figure 3: Implementation Process—Service, Delivery and Compliance , 2.3 Rebuild Florida Critical Facility Hardening Program (CFHP) For purposes of the CFHP, critical facilities are defined as the buildings/structures that serve a public safety purpose for local communities. Critical facilities are essential for the functioning of a community and typically house operations that, if interrupted, will cause a negative impact on at least one of the seven community lifelines. (See Part 2.1 and Figure 1 for lifeline descriptions.) DEO has identified the following types of structures as critical facilities: • Potable water facilities; • Waste water facilities; • Police departments; 0 CL • Fire departments; • Hospitals; • Emergency operation centers; and • Emergency shelters. The CFHP will allow Units of General Local Government (UGLG), state agencies, non- profits and non-governmental agencies that apply in partnership with their local UGLG or state agencies, to harden critical buildings that serve a public safety purpose for local communities. This program will enable critical facilities to better withstand the effects of previously-identified hazard risks. ca Applicants for this program will need to identify critical facilities that need hardening and/or update or replace existing power sources (such as generators or resiliency systems) to mitigate emergency-related challenges. DEO has allocated $75,000,000 in CDBG-MIT funding for the Rebuild Florida CFHP. �- DEO will use a subrecipient model to deliver funding for approved projects. Funding will be awarded to selected subrecipients through a RFA process in accordance with established application guidelines and evaluation criteria. This is not a direct grant program. An overview of the CFHP program is illustrated in Table 2. Packet Pg. 2769 O.9.a Table 2: CFHP Rebuild Florida Critical Facility Hardening Program Funding Dollars $75,000,000 Funding Percentage 12% Application Type Subrecipient Applicant Eligibility UGLG, state agencies and other applicants including, but not limited to, non-profits and non-governmental agencies that apply in partnership with their local UGLG or state agencies. Geographic Eligibility HUD and State-Designated (Most Impacted and Distressed (MID) areas National Objectives Fulfilled Low-to-Moderate Income (LMI) and Urgent Need Hazard Risks Addressed Flooding, Severe Storms, Tropical Cyclones, Coastal Erosion, Wildfires Lifelines Protected Safety and Security, Health and Medical, Energy, Communications 2.4 Eligible Activities Eligible activities are limited to projects that increase the resilience of critical facilities. Examples include hardening and/or updating or replacing existing power sources (such as generators or resiliency systems) to mitigate emergency-related challenges. Examples of hardening against flood, fire, storms and coastal erosion include, but are not W limited to: y • Dry proofing; • Wet proofing; • Ventilation and air-conditioning units; LU • Anchoring roof-mounted heating, ventilation and air-conditioning units; and • Retrofitting building exteriors with hazard-resistant materials in accordance with national safety standards. Packet Pg. 2770 0.9.a The CFHP will also consider energy resiliency projects that help ensure that the most critical facilities in Florida communities have access to power throughout and following an emergency when local sources of power are down. Critical facilities include, but are not limited to, potable water facilities, waste water facilities, police departments, fire departments, hospitals, emergency operation centers and emergency shelters. Local units of government that apply for this program will need to identify critical facilities that have a need to update or replace existing power sources (such as generators or resiliency systems) so as to allow these facilities to safely maintain power during emergencies. 2.5 Program Requirements 1. Activities must meet the National Objectives as outlined in Part 2.11. c 2. At least 50% of funds must be spent in HUD-identified Most Impacted and Distressed (MID) areas. The remaining 50% can be spent on state-identified MID areas that were declared disaster areas eligible for both individual and public assistance. 3. CDBG-MIT requires that projects must be a quantifiable resilience improvement to a critical facility. Funds may not be used to supplant existing funding sources or programming. 4. Entities applying for funding through the CDBG-MIT program must submit an application that meets the criteria outlined in these Program Guidelines. 5. All CDBG-MIT projects must comply with all applicable federal, state and local requirements. 2.6 Application for Program Services and Benefits • Only completed CFHP subrecipient applications, including all requested supporting documentation, will be considered. Further information on accessing the application is outlined in Part 3 of these Program Guidelines. • Applications will only be accepted during the published application cycle. Additional intake periods may be opened at a later date depending on funding availability. 2.7 Priority Schedule Applications will be accepted and eligibility for project funding will be determined based on a priority schedule to ensure compliance with the National Objectives and CFHP scoring criteria. CL 2.8 Eligible Areas U Tables 3 and 4 identify areas eligible for CDBG-MIT funding; the HUD and State- identified MID areas. 10 Packet Pg. 2771 0.9.a Table 3: HUD MID Area Counties and Zip Codes , Brevard, Broward, Clay, Collier, Duval, HUD MID Counties Hillsborough, Lee, Miami Dade, Monroe, Orange, Osceola, Palm Beach, Polk, St. 2 Johns, St. Lucie, and Volusia HUD M I D Zip Codes 32084, 32091, 32136, 32145, 32771, 33440, 33523, 33825, 33870, 32068, 33935, 34266 The remaining 50% can be spent on state-identified MID areas that were declared disaster areas eligible for both individual and public assistance. 0 Table 4: State MID Area Counties 0 Alachua, Baker, Bradford, Charlotte, Citrus, State MID Area Counties Columbia, DeSoto, Dixie, Flagler, Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, Indian River, Lafayette, Lake, Leon, Levy, Manatee, Marion, Martin, Nassau, Okeechobee, Pasco, Pinellas, Putnam, Sarasota, Seminole, Sumter, E Suwannee, Union 0 CL 2.9 Allocation A total of$75,000,000 has been set aside for the CFHP. This allocation may be increased or decreased based on the demand for the program by amendment to the Action Plan, subject to approval by HUD. 2.10 Application &Assistance Timeline The application submission cycle for the CFHP will open on April 15, 2020 and close on June 30, 2020. To receive access to DEO's user-friendly electronic application, instructions and submission checklist, a CFHP Application Registration is available. This registration will remain open throughout the submission cycle. To register, applicants should open this link: floriaiobs.org/rebuildflorida/mitigation and click "Application Packet". A contact name and email address will be requested. Once registered, the applicant will be emailed an individualized application weblink. The application packet will be available on the CDBG-MIT website. Applicants are encouraged to use the electronic application; however, applicants can instead use a fillable PDF application that will be available. The PDF version can be downloaded, completed and submitted online to cbg-miteo.myfloria.com or mailed LU to: CL Packet Pg. 2772 0.9.a Attention: Office of Disaster Recovery Florida Department of Economic Opportunity Mitigation Team 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399-2100 If a paper application is submitted in lieu of an electronic application, two identical hard copies must be submitted. Paper applications must be postmarked by June 30, 2020. Late applications will not be accepted, under any circumstance, including delivery problems. DEO will email application receipt confirmations as they arrive and/or by close of business on July 7, 2020. DEO will host a webinar to provide an overview of the Guidelines, specific to the application process. The webinar will include a live question and answer period. DEO will also provide an opportunity for applicants to schedule 20-minute, one-on-one phone calls with DEO's mitigation staff. These calls will provide applicants an opportunity to ask questions and/or discuss issues specific to their project and the application process. To ensure that citizens remain informed, DEO will provide regular updates on the CDBG- MIT website. Translations of all application materials will be provided. 2.11 National Objectives All projects supported by HUD Community Development Block Grant (CDBG) assistance must meet one of the CDBG's three National Objectives- (1) Benefiting low-and-moderate income (LMI) persons; (2) Meeting an urgent need; or (3) Aiding in the prevention or elimination of slums or blight. DEO's CFHP allocation is focused on addressing LMI and Urgent Needs. (Perthe Federal Register, the slum and blight criteria are "generally not appropriate" in the context of mitigation activities and would require special prior approval from HUD to be considered.)' The CFHP program will provide benefits to LMI persons by addressing severe and recently-arising urgent community welfare or health needs. LMIs are identified as those persons/households with an income of less than 80%of the local area's median income. HUD requires that at least 50% of CDBG-MIT funds to benefit LMI persons/households. CFHP applicants will be required to identify the entire area (non-LMI and LMI) that will benefit from their project. DEO will then utilize HUD guidance to calculate the LMI benefit percentage of each project. Applicants will be awarded points on a sliding scale (see Scoring Criteria Rubric (see Table 6, pg. 22) in proportion to their project's LMI percentage. 1 Federal Register—6109-N-02,V.A.13J. Packet Pg. 2773 0.9.a Also, as required by the Federal Register, the state will designate at least 50% ($316,742,500) of the CDBG-MIT allocation to address mitigation and resiliency needs in the HUD-identified MID areas. The remaining 50% can be spent on state-identified MID areas that were declared disaster areas eligible for both Federal Emergency Management Agency (FEMA) and Public Assistance, categories A - G. Figure 4 is a map of HUD and State-designated MID areas. Figure 4: Mitigation HUD and State MID Areas �. HUD-Designated Iv4D .. i State-Designated MID 0 CL 2.12 Program Management DEO is the agency responsible for the administration of mitigation funds allocated to infrastructure and planning and administrative activities in Florida. The CDBG-MIT program funded by HUD under Public Laws 115-56 and 115-123. DEO will implement the CFHP through subrecipients including: UGLGs; state agencies; non-profits that apply in partnership with their local UGLG or state agencies; and non-governmental agencies that apply in partnership with their local UGLG or state agencies. DEO will execute subrecipient agreements with selected subrecipients, who will complete projects and/or deliver services. The program contact for subrecipients only is: .� Attention: Office of Disaster Recovery Florida Department of Economic Opportunity Mitigation Team 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399-2100 (833) 347-7863 cbq-miteo.myfloria.com 1 Packet Pg. 2774 0.9.a 2.13 Equal Opportunity Federal policies ensure that no person be excluded, denied benefits or subjected to discrimination on the basis of race, color, national origin, sex, disability or age under any program funded in whole or in part by CDBG-MIT funds. DEO and subrecipients may not discriminate in any of the following areas: deciding who will be admitted, or have access, to any CDBG-MIT funded program or activity; providing opportunities in, or treating any person with regard to, such a program or activity; or making employment decisions in the administration of, or in connection with, such a program or activity. DEO requires any entity receiving assistance through CDBG-MIT grant to comply with the Part 3 requirements herein. Any person who believes he or she, or any specific class of individuals, has been c subjected to unlawful discrimination may file a complaint regarding the alleged discrimination with: Office for Civil Rights Florida Department of Economic Opportunity 107 East Madison Street Caldwell Building, MSC 150 Tallahassee, FL 32399-4129 (850) 921-3205 Civil. ightseo.myfloria.com Atlanta Regional Office of FHEO U.S. Department of Housing and Urban Development Five Points Plaza 40 Marietta Street, 16t" Floor Atlanta, GA 30303-2806 (404) 331-5140 ComplaintsOffice04hu .gov Further information about eligibility for filing an equal opportunity complaint, time limits, instructions, and procedures may be found at- http://www.f I o ri aiobs.org/office-directory/office-for-civil-rights/about-our- services/discrimination-complaints. 2.14 Conflict of Interest State officials and employees, DEO employees, subrecipients, contractors and consultants who exercise functions with respect to CDBG-MIT activities or who are in a LU position to participate in a decision-making process or gain inside information with regard to such activities, are prohibited from receiving any benefit from the activity either for themselves or for those with whom they have family or business ties, during their tenure. For purposes of this section, "family" is defined to include parents (including mother-in- law and father-in-law), grandparents, siblings (including sister-in-law and brother-in-law) 14 Packet Pg. 2775 0.9.a and children of an official covered under the conflict of interest regulations at 24 CFR 570.489(h). Per 24 CFR 570.489(h)(2) — Conflicts prohibited: Except for eligible administrative or personnel costs, the general rule is that no one who exercises or has exercised any functions or responsibilities with respect to CDBG-MIT activities assisted under this subpart or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. c Per 24 CFR 570.489(h)(4) — An exception to the conflict of interest provision may be granted after it is determined that such an exception will serve to further the purpose of the Act and the effective and efficient administration of the program or project of the state or unit of general local government as appropriate. An exception may also be granted should it be determined that all of the concerns generated by the potential conflict of interest have been adequately and publicly addressed and that an exception would serve to further the purposes of Title I of the Housing and Community Development Act of 1974 and the effective and efficient administration of the program. No participant will enter into a conflict of interest until a request for an exception has been granted by DEO. 0. 2.15 Anti-Fraud and Compliance Policies HUD requires policies to prevent fraud, waste and abuse. DEO is committed to aggressively detecting and eradicating fraud, waste, and abuse to ensure that DEO- 2 administered programs provide services to customers effectively and efficiently and that taxpayer funds are protected. Each employee, customer and partner has a role and responsibility to ensure that program and service delivery is in compliance with local, state , and federal laws and policies and that any incidents are reported immediately for investigation and resolution. DEO has established procedures for verifying the accuracy of information provided by subrecipients and participants. The program will investigate all allegations regarding eligibility, disbursement of funds or any other allegations of fraud or noncompliance. As appropriate, the DEO will assist federal, state and local agencies in investigations. Instances of suspected fraud, waste and abuse should be reported by contacting Constituent Management Services staff, submitting information via the Report Fraud, Waste or Abuse online form (http://floriaiobs.orq/rebuilfloria/report; or by sending an e-mail to: cbg- rantifrauwasteabuseeo.myflorida.com. All suspected cases of fraud will be taken seriously, and fraud complaints will be reported LU to ODR's Compliance and Reporting Manager and DEO's Office of the Inspector General at Ieo.myfloria.com. If DEO's OIG determines that it is appropriate, it will coordinate its investigation with agencies such as the Florida Office of the Inspector General, the Florida Office of the Attorney General, or the Florida Department of Business and Professional Regulation. 1 Packet Pg. 2776 0.9.a All substantiated cases of fraud, waste, or abuse of government funds will be forwarded to the United States Department of Housing and Urban Development (HUD), Office of Inspector General (OIG) Fraud Hotline (phone: 1-800-347-3735 or email: hotlinehuoig.gov) and DEO's HUD Community Planning and Development (CPD) Representative. 2.16 Files, Records and Reports DEO and subrecipients will maintain accurate files and records on its projects and DEO will retain all pertinent documentation for the grant between HUD and DEO. Compliance will be maintained in accordance with the reporting requirements as outlined in the DEO Policies and Procedures Manual (at www.floriaiobs.org/rebuilfloria/mitigation}. All official records on project activities are maintained for a five-year period beyond the date of grant closeout. 2.17 Public Records The Office of Disaster Recovery's Constituent Services Manager will act as a Public Record Division Liaison and is the primary contact for all public record requests regarding the Office of Disaster Recovery/Rebuild Florida Program. The Office of Disaster Recovery's Public Record Division Liaison will coordinate with the respective managers 0. of each program to determine (1) what is and what is not a responsive record; and (2) where to find all responsive records. Pursuant to Article 1, Section 24, Florida Constitution, and Chapter 119, Florida Statutes, DEO is subject to Florida's public records laws. Accordingly, unless an exemption exists all records produced or received pursuant to law or in connection with the official business of DEO can be requested and provided for inspection. Subrecipients participating in the CFHP are also subject to Florida's public records laws. All public records requests made to DEO will be processed in accordance with DEO Administrative Policy 1.06, Processing Public Records Requests. Public records held by subrecipients may be requested by contacting the relevant subrecipient. Detailed guidance on public records requests can be found in the following resources: Florida Government in the Sunshine Manual: http://m yf lo rid alegal.com/webfiles.nsf F/ S- 53/$file/ 015SunshineLaw anual.pf Florida Public Records Law, Chapter 119, Florida Statutes- http://www.leg.state.f1.us/statutes/in ex.cfm? pp mode= isplay Statute& L=0100- 01 /011 /011 .htm I 2.18 Section 3 CL The Housing and Urban Development Act of 1968, Section 3, mandates that recipients ca of CDBG-MIT funding provide, to the greatest extent possible, training, employment, contracting and other economic opportunities to low and very low-income persons or E business concerns that provide economic opportunities to LMI persons. 1 Packet Pg. 2777 0.9.a The Section 3 numerical goals are minimum targets that must be reached for HUD to consider a recipient in compliance. If an entity fails to fully meet the Section 3 numerical goals, it must adequately document the efforts taken to meet the numerical goals. The minimum numerical goal for employment is 30% of the aggregate number of new hires must be Section 3 residents, annually; i.e., three out of 10 new employees needed to complete a Section 3 covered project/activity must be Section 3 residents. The minimum goals for contracting are: • 10% of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing or building trades work arising in connection with housing rehabilitation, housing construction and other public construction, must be awarded to Section 3 businesses; and • 3% of the total dollar amount of all non-construction Section 3 covered contracts must be awarded to Section 3 businesses. 2.19 Environmental Review All CDBG-MIT and related activities are subject to the provisions of the National Environmental Policy Act of 1969 (NEPA), as well as the HUD environmental regulations provided in 24 CFR part 58. The primary purpose of these regulations is to protect and 0. enhance the quality of the natural environment. In accordance with 24 CFR 58.35(a), the locations associated with CFHP activities are categorically excluded subject to 24 CFR 58.5 and 58.6. To meet these requirements, the subrecipient is responsible for ensuring that environmental reviews are completed for all projects. The environmental review must be completed prior to any funds being allocated toward a project. 2 The CFHP environmental review is a separate and distinct review from any other review. Other previously performed environmental reviews will not satisfy the program's requirements. If an environmental condition identified on a proposed CFHP activity site cannot be cleared, the site may not be an eligible location for activities. DEO currently has staff that will oversee environmental compliance. Additionally, the current staff may be augmented by external vendors procured through competitive solicitation. 2.20 Program Income -- This program will not create program income. LU CL 17 Packet Pg. 2778 0.9.a Subrecipient Applicant Information DEO will use a subrecipient model to deliver the CFHP. Subrecipients will be selected through a competitive RFA process. This program is not a direct grant program. No funds - will be paid directly to individuals. 3.1 Eligibility Entities that are eligible to apply include: • Units of General Local Government (UGLG); c • State agencies; • Non-profits that apply in partnership with their local UGLG or state agencies; and • Non-governmental agencies that apply in partnership with their local UGLG or state agencies. To be eligible for funding, a grant application must: 1. Be in conformance with the State Mitigation Plan and Local or Tribal Mitigation Plan approved under 44 CFR part 201.4; or for Indian Tribal governments acting as grantees, be in conformance with the Tribal Mitigation Plan approved under 44 CFR 201.7; 2. Have a beneficial impact upon the designated disaster area; 3. Solve a problem independently or constitute a functional portion of a solution in which there is assurance that the project will be completed. Projects that merely identify or analyze hazards or problems are not eligible; 4. Consider the following for any hardening project that encompasses flood mitigation: high wind, continued sea level rise and ensure responsible floodplain and wetland management based on the history of flood mitigation efforts and the frequency and intensity of precipitation events; 5. As a condition of consideration for project funding, applicants will be required to identify their plans for funding operations and maintenance costs (when applicable). Long-term maintenance and operating costs are ineligible under CDBG-MIT funding except as identified at 84 FIR 45838 Section V.A.9. 6. Be cost-effective and substantially reduce the risk of future damage, hardship, loss or suffering resulting from a major disaster. The grantee must demonstrate this by documenting that the project: a) Addresses a problem that has been repetitive or a problem that poses a significant risk to public health or safety if left unsolved; b) Will not cost more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future disasters were to occur; Packet Pg. 2779 0.9.a c) Has been determined to be the most practical, effective and environmentally sound alternative after consideration of a range of options; d) Contributes, to the extent practicable, to a long-term solution to the problem it is intended to address; and e) Considers long-term changes to the areas and entities it protects and has manageable future maintenance and modifications requirements. 3.2 Request for Applications The application cycle will open on April 15, 2020 and close on June 30, 2020. To register for an application, applicants should open this link: floridgigbs.org/rebuildflorida/mitigation and click"Application Packet". A contact name and email address will be requested. Once registered, the applicant will be emailed an individualized application weblink. 3.3 Application Process Eligible applicants will be invited to submit applications proposing CFHP projects for funding through the CDBG-MIT program. Responses will be evaluated to ensure the E proposed projects meet the minimum criteria as outlined in the application materials provided in Appendices A — E of these Guidelines. Responses that meet minimum threshold requirements will then be evaluated according to the scoring criteria listed in Part 4. Acceptable applications will be ranked to determine funding levels. The following appendices are included in these Guidelines: • Appendix A —Application Form • Appendix B —Application Checklist and Instructions • Appendix C — Completed Sample Application • Appendix D — Implementation Plan Template • Appendix E — Budget Template ca 3.4 Application Requirements Applications must, at a high level*, describe what is being identified as a critical facility and address how and why it needs to be hardened to mitigate risks attributable to threats -- identified in the State of Florida Action Plan Risk-Based Mitigation Needs Assessment. Plans must also include a proposed budget with a detailed description of anticipated costs by category, including support services and program management and administration. *Application requirement specifics are delineated in Part 4 of these Guidelines and in Appendices A— E. All proposed activities must be CDBG-MIT eligible (see Part 3.1, Eligibility). Responses may include proposed subrecipient partnerships with public, private or non-profit entities ca to deliver CFHP projects. If an applicant intends to utilize a partnership to complete a project, the response must document how partners will be selected. Any entity that is E listed as excluded, debarred or suspended on the System for Award Management 19 Packet Pg. 2780 0.9.a (https://sam.gov/SAM/), including affiliated businesses with the same Employer Identification Number(EIN), is not eligible to receive CFHP funds and may not be selected as a subrecipient, partner, subcontractor or vendor. 3.5 Applicant Review Process Responsiveness During the application review process, applicants are required to respond in a timely manner to DEO requests for information/materials to complete the evaluation process. Any request for additional information will include a definitive due date for return of requested information. If the applicant needs an extension, a clarification or assistance, the applicant may make its request within the allotted response timeframe. If an applicant fails to provide the requested information/materials or fails to ask for an extension or assistance, the applicant's response will be closed and disqualified. 0 L. CL CL Packet Pg. 2781 0.9.a Scoring 4.1 Award Determination Applications will be evaluated to determine the mitigation value and cost effectiveness of the proposed project. An applicant's planning strategy and management capacity must be evident. DEO will apply a two-phase process to review applications. 1. Phase One: Applications will first be evaluated for Mandatory Threshold Compliance Criteria, Table 5. This phase is unscored. DEO will further review only the applications that pass Phase One. 2. Phase Two: If the Mandatory Threshold Criteria is in compliance, the second phase of the review process will be initiated. Applications will be reviewed and scored based on Scoring Criteria Evaluation Rubric, Table 6. Only the application itself (including requested attachments) will be scored. Any documents submitted with the application that were not requested will not be scored. Each evaluator will review and score applications independently. The reviewers' scores will be averaged to determine a final score for each application. Each element of the Scoring Criteria Evaluation Rubric has a value associated with it. A potential maximum of 150 points may be awarded. If eligible responses exceed available funding, applicants will be funded in rank order based on evaluation scores. DEO reserves the option to fund all, a portion of or none of each application submitted by an applicant. ru Table 5: Mandatory Threshold Compliance Criteria Application is signed and complete. 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C 2E O C cu '— 4- C � o FL O) O O to to U U O U o)-o -0 cu 4- cQ cB L0 � o a) O � 0 cu 0)U - C 0 CU O O 0 O O L o � � U O % cu cn _0 a) V (B 70 F-I L �, CU L O U C j (B C O O O O cu -0 v -0 cu cu c cu — U O CN C CO > E O O 0)M cm QL -0cu = �- O E 5 -0 � coU O _0 co"- (n cu N coin !� N c O C CO QL :n Q, u7 � LO r 0.9.a 4.2 Evaluation Team Applications will be independently reviewed and scored by DEO staff. 4.3 Technical Assistance DEO is hosting a webinar, 20-minute, one-on-one phone calls and regional visits to provide an overview of these Guidelines, specific to the application process. In addition, designated partners will provide technical assistance to subrecipients related to CDBG- MIT requirements and compliance. Assistance will also be provided as a result of monitoring activities and at subrecipient request. 4.4 Subrecipient Responsibilities Subrecipients have the following responsibilities and must: • Demonstrate how the proposed project meets one or more of the national objectives; • Submit an accurate account of how the absence of the hardening project being E requested has affected the community's critical services during disasters; 0 • Submit a detailed scope of work; • Provide evidence that selected site has appropriate approvals; • Enter into a subrecipient agreement with DEO specific to the CFHP; • Comply with all terms and conditions of the subrecipient agreement, CFHP guidelines, Mitigation Action Plan and applicable federal, state and local laws; • Develop policies and procedures to detect and prevent fraud, waste and abuse that describe how the subrecipient will verify the accuracy of information and report instances of suspected fraud, waste or abuse; • Develop policies and procedures for complaints and grievances and for appeals. These policies and procedures must be made available to participants and participant applicants; • Update application or program policies and procedures upon DEO request; • Document all complaints, grievances and appeals received. To comply with HUD requirements, a response to each complaint, grievance or appeal must be made within 15 working days of receipt; • Maintain books, records and documents relating to the CFHP in accordance with generally-accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this program. All records must be maintained for five years beyond the closeout of the grant; • Retain sufficient records to document program activities, participants and services and to demonstrate compliance with the CFHP Program Guidelines, subrecipient 2` Packet Pg. 2787 0.9.a agreement and applicable federal, state and local laws and regulations. All records must be maintained for five years beyond the closeout of the grant; • Ensure that any partners, subcontractors, vendors or other entities to whom the subrecipient intends to disburse CFHP funds are not listed as excluded, debarred, or suspended on the System for Award Management (htlpL.//sam.gov/SAM/), including affiliated businesses with the same EIN; • Comply with the requirement that subrecipients will not carry out any of the activities under their agreement with DEO in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974; C • Provide a detailed timeline for implementation consistent with the milestones outlined in these Program Guidelines and report actual progress against the projected progress on a monthly basis; • Provide a quarterly report to DEO that outlines the activities completed in the previous quarter. o The report must include financial metrics that demonstrate the E implementation costs to date with projected spending. 0 o Reporting must include documentation of the number of complaints received, the nature of the complaint, and that complaint was responded to within 15 days of receipt. o Additional quarterly reporting requirements may be required, depending on the specific program design implemented by a subrecipient. • Provide a monthly report to DEO that details the grant funding approved versus funding disbursed; • Monitor compliance with the terms and conditions of the subrecipient agreement., and • Maintain organized files and make them accessible to DEO or its representatives upon request. 4.5 Compliance and Monitoring of Subrecipients As a recipient of federal funds, DEO is charged with ensuring that any subrecipient has the capacity and means to deliver projects and services and that the costs of its activities are allowable, reasonable and necessary. Therefore, each subrecipient assessed by DEO must demonstrate the organizational capacity and implementation experience necessary to deliver services. Each subrecipient must meet performance metrics for implementation. Additionally, all subrecipients will be subject to routine monitoring and compliance review by DEO or its representatives based on an initial risk analysis. Monitoring will include: • Evaluation of the subrecipient's organization, procurements, policies and procedures; '27 Packet Pg. 2788 0.9.a • Compliance with Stafford Act (i.e., no duplication of benefits); • Necessary, reasonable and allowable cost standards; • Financial management, file management and documentation; • National objective compliance; and • Reporting and compliance with these Guidelines, the Subrecipient Agreement and any applicable laws and regulations. DEO will monitor the CFHP directly and through designated partners. This includes verification of official documents against state records, review of application materials and expense documentation and physical site visits to verify compliance and appropriate use of funds. Additional reviews may be conducted by HUD. Monitoring reviews may be announced or unannounced. Monitoring may take place on site or remotely. Reviewed documentation may be randomly selected. Project applications and documentation must be maintained and made available by subrecipients. All monitoring results will be recorded in detail for program compliance and use of funds. Any issues of non-compliance may be categorized as either findings or observations. Subrecipients found to be in non-compliance, or who received funds in error, may be required to repay grant funds to the state of Florida, in accordance with the subrecipient agreement. 0. 4.6 Construction Regulations The Davis-Bacon Act (DBA) applies to all construction contracts greater than $2,000 unless the program's authorizing legislation contains exceptions. It requires that all 2 workers or mechanics working on projects covered by the Act be paid minimum hourly wages and fringe benefits according to the wage decision(s) applicable to that contract. If any portion of a contract requires DBA, then all work performed under the contract is subject to DBA. Work done by a local government's employees (force account) is not subject to DBA. Additionally, contractors must comply with the Contract Work Hours and Safety Standards Act (CWHSSA) and the Copeland Anti-Kickback Act (Copeland Act). CWHSSA requires that, for any project in which the prime contract exceeds $100,000, workers must be paid one-and-one-half their normal hourly rate for any hours worked in excess of 40 hours W weekly, based on a workweek of seven consecutive days. The Copeland Act prohibits y any person from inducing a worker on a federally-funded project to give up any part of the compensation to which the worker is entitled. No payroll deductions are permitted that are not specifically listed in the Copeland Act unless the contractor has obtained written permission from the employee as specified in 29 CFR 3.5 for otherwise permissible payroll deductions. Packet Pg. 2789 0.9.a 4.7 Appeals Informal Appeals Appeals may be filed only upon the deliverance of an adverse program decision regarding eligibility, benefits or closure of an application and only within the parameters set by the appeals procedure. Participants may not appeal program policy. If an applicant is denied program services or benefits and desires to appeal, an appeal may be filed with DEO as follows: 1. All appeal letters must be submitted in writing within 30 days of the date of the denial letter via: o U.S. mail to: Office of Disaster Recovery, Appeals Team Florida Department of Economic Opportunity 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, FL 32399 o Email to- 0 cbg- rappealseo.myfloria.com 2. All appeal letters must include: o Reason for appeal; o A clear explanation why the denial was contrary to applicable laws or regulations or in some other way inequitable; o Reason why individual is believed to be eligible for the service or benefit that was denied, delayed, reduced, modified or terminated; o Proposed remedy sought by the individual; o Name, contact address and contact telephone number of entity filing appeal; and o Signature and date. An appeal initiated by an applicant with DEO must follow written appeal procedures, ._. which may include, but not be limited to, informal hearings, third-party review or administrative review. A determination letter will be sent, post-appeal, to the entity that initiated the appeal. Applicants may contact DEO for more information on the appeal procedure. Formal Appeals /Notice of Administrative Rights LU Any person whose substantial interests are affected by DEO's determination has the opportunity for an administrative hearing pursuant to section 120.569, Florida Statutes. For the required contents of a petition challenging agency action, refer to rules 28- 106.104(2)7 28-106.20(2), and 28-106.301, Florida Administrative Code. Packet Pg. 2790 0.9.a Depending on whether material facts are disputed in the petition, a hearing will be conducted pursuant to either sections 120.569 and 120.57(1), Florida Statutes, or sections 120.569 and 120.57(2), Florida Statutes. Pursuant to section 120.573, Florida Statutes, and Chapter 28-106, Part IV, Florida Administrative Code, mediation is available to settle administrative disputes. Any petition must be filed with the Agency Clerk within 30 calendar days of receipt of DEO's determination If an applicant files a request for reconsideration or informal appeal, the requirement to timely file a petition challenging agency action will be tolled until a decision under either method is rendered by the Department. At that time a new appeal window will begin. No applicant will lose their rights under Chapter 120, Florida Statutes, by filing a request for reconsideration or request for informal appeal. c Any petition must be filed with the Agency Clerk within 30 calendar days of receipt of this determination. A petition is filed when it is received by: Agency Clerk Department of Economic Opportunity Office of the General Counsel 107 East Madison Street, MSC 110 E Tallahassee, Florida 32399-4128 Fax: (850) 921-3230 CL Email: gency. Jerk eo.myflori a.com 0 Packet Pg. 2791 0.9.a C ®}Financial 5.1 Eligible & Ineligible Costs All costs must be CDBG-MIT eligible. All costs must comply with the requirements of 24 CFR 570 and 2 CFR 200. Eligible costs for the CFHP include, but are not limited to: • Training- , • Materials and supplies related to CFHP training activities; • Dry proofing; 0 • Wet proofing; • Anchoring roof-mounted heating; • Ventilation and air-conditioning units; • Retrofitting building exteriors with hazard-resistant materials in accordance with national safety standards; • Energy resiliency; • Support services; • Participant outreach; and • Program management and administration. Ineligible costs for the CFHP include, but are not limited to: • Material or supply costs unrelated to CFHP training activities; • Furnishings and personal property, including motor vehicles and fixtures; • Costs incurred prior to the date of execution of a subrecipient agreement; • Political activities or lobbying; ca • Payments to a for-profit business while that business or business owner is the subject of unresolved findings for non-compliance with CDBG assistance; or • Any costs determined as unallowable or ineligible pursuant to applicable state or federal laws or regulations, or guidance from HUD, DEO or any applicable state or federal agency. 5.2 Funding Method Funding will be provided monthly on a cost reimbursement basis. Subrecipients must verify all documentation and costs before submission for cost reimbursement to DEO. Subrecipients must provide required reporting and supporting documentation to be reimbursed. 1 Packet Pg. 2792 0.9.a 5.3 Supplanting Funds Subrecipients must agree to utilize CFHP funds to supplement rather than supplant funds otherwise available. Subrecipients must document that CFHP funds awarded are above and beyond any annual appropriations that are provided for the same purpose. CFHP funds may be utilized after all other funds available to provide benefits to the participant for the same purpose have been expended. Any supplanting of funds will be treated as a duplication of benefits or fraud, waste and abuse, and is subject to recapture under the terms of the subrecipient agreement. 5.4 Duplication of Benefits (DOB) Overview C Eligible applicants may have previously received assistance from other sources for the same purpose as the CFHP. Under the requirements of The Robert T. Stafford Disaster Assistance and Emergency Relief Act, as interpreted and applied by HUD, DEO, and its subrecipients must consider certain aid received by a person or entity in determining the amount of assistance which can be granted. DEO and subrecipients must follow HUD's DOB Guidance. Applicants must provide any information on benefits received that may create a DOB to the appropriate subrecipient. The subrecipient must perform due diligence verification of DOB information. The Supplemental Appropriations Act authorizing CDBG-MIT funding and the Stafford Act include restrictions on using CDBG-MIT program funds to provide assistance when insurance providers or other federal or state entities have already funded all or a portion of the activity. The Stafford Act also contains eligibility requirements for recipients who have received prior disaster funding based upon whether they are in compliance with requirements associated with receipt of those funds. When applicable, recipients must be in compliance with these restrictions or funding will be denied. Participants must report all financial assistance, other local, state, or federal programs, private or non-profit charitable organizations and any other assistance received for the purpose for which the ' participant is applying for, and receiving, funding or services. Funds provided by any federal, state or local government entity, or non-profit or private source intended for the same purpose as the CFHP are considered a DOB and under federal law must be deducted from the assistance provided by the CFHP. Any additional funds paid to participants for the same purpose as the CFHP after the CFHP services are completed must be returned to DEO. Participants in the CFHP must agree to repay any -- duplicative assistance considered a DOB. 5.5 Subrogation Subrogation is a legal doctrine that allows one person to take on the rights of another. In LU the context of mitigation grants, a CFHP participant must enter into a subrogation agreement in which the funding agency (DEO) obtains the right to collect any additional mitigation payouts the participant receives for the same purpose after the participant has entered into a grant agreement for CFHP benefits. All duplicative funding received must be remitted to or accounted for by the program regardless of when it is received by the entity. If an entity receives additional funding for 2 Packet Pg. 2793 0.9.a the same purpose as the CFHP award, including after the CFHP award is executed or CFHP services are completed, the entity is required to report the additional funding to the program. By accepting the award, subrecipients agree that they will report any duplicative funds to the program whenever received. Upon receipt of a report that additional benefits have been received, the program will recalculate the entity's award and provide instructions as to whether the award will be reduced by such amount, or whether the entity must remit such amounts to the program as reimbursement (when additional assistance received after program disbursements). Each subrecipient will execute and be bound by a subrogation agreement. 0 Subrecipients must agree to subrogate (commit to the state of Florida) any future payments they may receive after award from any sources that represent a potential DOB. The subrogation agreement requires the applicant to notify DEO if additional funds are received and to assist DEO in collecting any amounts owed to it from these sources. All parties shall comply with standard anti-fraud measures. DEO will exercise all normal due diligence in collection of amounts owed through contact with awardees and will pursue investigation and collection efforts which may include E demand letters, small claims court, filing of judgments, and/or other collection activity. Collection activity following demand letters will be determined in consultation with DEO and/or the Florida Attorney General's Office. 5.6 Budget CDBG-MIT funds can be used to meet the local share of a matching requirement, or of cost-sharing or other contribution for federal or state grant programs if the funds are used to carry out an eligible CFHP mitigation activity. Funds can be matched from mitigation grants administered by FEMA and the United States Army Corps of Engineers. (The maximum amount for the US Army Corps of Engineers is $250,000.) Activities that are ' funded with match dollars must meet the eligibility requirements of the CDBG-MIT program and the federal program that is being supported with CDBG-MIT funds. Applicants should describe how they will seek to maximize the outcomes of investments and the degree to which CDBG-MIT funds will be leveraged, including through public- private partnerships and other federal, state, local, private and nonprofit sources to generate more effective and comprehensive mitigation outcomes. Leveraged funds for each activity must be identified in the Disaster Recovery Grants Reporting system. 5.7 Procurement Requirements Federal, state and local procurement rules apply when purchasing services, supplies, materials or equipment. DEO and all subrecipients must abide by the procurement process mandated by federal and state government codes as they are applicable to the CFHP. The procurement process includes the decision to purchase as well as the process to complete the purchase. The federal government has established a set of procurement rules in 2 CFR Part 200 that apply to CDBG-DR projects. 24 CFR 570.502 requires compliance with 2 CFR Part 33 Packet Pg. 2794 0.9.a 200 for CDBG-DR projects, with certain limited exemptions (see also 24 CFR 85.36 and 24 CFR 84.40-48, as applicable). These rules are in place to ensure that federal dollars are spent fairly and encourage open competition for the best level of service and price. If a conflict between federal and local procurement regulations should occur, the more stringent regulation will be followed. c c 0 CL Packet Pg. 2795 0.9.a AppendixAppendices 2 Application 0 CL CL 35 Packet Pg. 2796 0.9.a c c Appendix B — Application Checklist & Instructions CL CL c 36 Packet Pg. 2797 0.9.a c c Appendix C — Completed Sample Application CL CL c 37 Packet Pg. 2798 0.9.a c c Appendix D — Implementation Plan Template CL CL c 38 Packet Pg. 2799 0.9.a c c Appendix E — Budget Template CL CL c 39 Packet Pg. 2800 0.9.a Appendix F — Social Vulnerability Index (SoVIO) Variables 2 List of SOVI®2006-10 Variables(n=29). Daggers notate new variables added. SOVI®2010-14 uses the same list of variables. VARIABLE DESCRIPTION °3 QASIAN Percent Asian QBLACK Percent Black QSPANISH Percent Hispanic QINDIAN Percent Native American o 0 QAGEDEP Percent Population under 5 years or 65 and over o QFAMt Percent Children Living in Married Couple Families MEDAGE Median Age QSSBEN Percent Households Receiving Social Security Benefits QPOVTY Percent Poverty QRICH Percent Households Earning over$200,000 annually PERCAP Per Capita Income QESL Percent Speaking English as a Second Language with Limited English Proficiency o QFEMALE Percent Female CL QFHH Percent Female Headed Households QNRRES Nursing Home Residents Per Capita HOSPTPC Hospitals Per Capita (County Level ONLY) QNOHLTHt Percent of population without health insurance (County Level ONLY) QED12LES Percent with Less than 12t"Grade Education QCVLUN Percent Civilian Unemployment U PPUNIT People per Unit QRENTER Percent Renters MDHSEVAL Median Housing Value MDGRENT Median Gross Rent QMOHO Percent Mobile Homes 0 QEXTRCT Percent Employment in Extractive Industries QSERV Percent Employment in Service Industry QFEMLBR Percent Female Participation in Labor Force .CL .L QNOAUTOt Percent of Housing Units with No Car y QUNOCCHUt Percent Unoccupied Housing Units CL CJ 40 Packet Pg. 2801 0.9.a Florida Noun County Comparison Wthin the Nation Aa ' aap, Y?k w y � Na au 0 'W " lay Clay •�. ,,M $L JO IL6q ' 1 L- ftma � ,, '� � CIO i nnnm National Quantiles W EM High(Tap 20%) F-1 Medium Low N ® Medium High Loy+(Bottom 20%0) � 0 25 50 100 Miles Medium CL U U 41 Packet Pg. 2802 ®Miltilgation Frequently Asked ®ons _ : i 0 lo Updated: r Q. How can 1 join the Mitigation distribution list? A.To remain up to date with CDBG-Mitigation activities, please sign up here. Q. Will infrastructure projects have requirements for being fully prepared to break ground, receive permitting or have premade engineering designs? A. No, infrastructure projects are not required to be shovel ready. CL Q. Who is eligible to apply? A. Units of general local governments (UGLG), state agencies and other applicants including, but not limited to, non-profits and non-governmental agencies, are eligible to apply for the General Infrastructure Program and Critical Facility Hardening Program. UGLG, state agencies, non-profits and �— educational institutions are eligible to apply for the General Planning Program. If an entity is not a UGLG, c, they must apply in partnership with their UGLG. , Q. Do you anticipate any funding available for Hurricane Michael impacted communities? A. DEO submitted a waiver to the U.S. Department of Housing and Urban Development(HUD)to 2 determine if areas impacted by Hurricane Michael could qualify for CDBG-MIT funding. On February 20, 2020, HUD informed DEO that request to include all 67 Florida counties were denied. HUD has however, recently allocated more than $735 million in Community Development Block Grant-Disaster Recovery(CDBG-DR)funds to address unmet recovery needs from Hurricane Michael. cv , Q. Where and when can 1 apply for a project or program? A.The State Action Plan must be approved by HUD before program details can be finalized. At this time, y the CDBG-MIT program is not accepting any applications. When the application window opens, DEO will send out an email and update its webpage with all pertinent application information. Q. Will you be providing support on application submissions and grant maintenance? A.Yes, DEO will provide technical assistance during the application submission period and grant y monitoring stages. Q. When would we realistically have access to grant funds? Cr A. DEO anticipates awarding grant funds in late 2020. , Q. What is the maximum allocation an agency can request for a single project? A. Maximum and minimum project allocations will be included in our Program Guidelines, which will be _ published after HUD's approval of the State Action Plan. CD , Packet Pg. 2803 ®Miltilgation Frequently Asked ®ons _ : I 0 lo Updated: r Q.Can DEO clarify the definition of planning? A.There are two separate planning categories: one for General Program Planning and one is for DEO Planning and Administration.The General Planning Program funds will be available to applicants seeking to update mitigation plans, integrate mitigation plans with other planning initiatives, modernize building codes and regional land-use plans, and/or upgrade mapping, data and other capabilities. Further details CD for the General Planning program will be made available through forthcoming Program Guidelines. CL Q. Can you explain the 50%LMI requirement? A. HUD requires that CDBG-MIT grantees (in this case, DEO) expend at least 50%of funds in the aggregate for activities that benefit low-to-moderate income (LMI) persons. Subgrantees (applicants) 6 will be eligible for additional points in the scoring process based on the percentages of LMI persons that are served by their project. Q. How is the Risk Assessment being developed? A.As directed by HUD, the Risk-Based Mitigation Needs Assessment used the State Hazard Mitigation Plan (gathered from Local Mitigation Strategy groups) as the basis for quantitively and qualitatively- > 2 supported data. Federal data sources from the Federal Emergency Management Agency(FEMA), HUD, and the National Oceanic and Atmospheric Administration (NOAA) informed historic damage patterns, demographic information and statistical information. State agency reports and plans were reviewed for CL W relevant information. Additionally, research articles and survey data were used to support hazard descriptions and were considered for information regarding past hazard events. Q. How are HUD MID areas determined? A. HUD Most Impacted and Distressed (MID) areas are determined through federal designation. DEO does not have input on the designation of HUD MID areas. State-identified MID areas were identified by the state of Florida as areas of need that were not specified by HUD. State MID areas include counties that were eligible for FEMA Individual and Public Assistance Categories A-G in presidentially-declared counties for each of the included storms. Q. Is there a match requirement? A. At this time, DEO does not anticipate requiring a local match in order to receive funds. CDBG-MIT cr funding can be used as local/state share of federal funding if projects meet mitigation criteria. Packet Pg. 2804 ®Miltilgation Frequently Asked ®ons _ : i 0 lo Updated: r Q. Is my county or city eligible to receive funds? A.The counties and zip codes eligible to receive funding are listed below: CU Brevard, Broward, Clay, Collier, Duval, CD Hillsborough, Lee, Miami Dade, Monroe, Orange, HUD MID CountiesCL Osceola, Palm Beach, Polk, St. Johns, St. Lucie and Volusia 32084, 32091, 32136, 32145, 32771, 33440, HUD MID Zip Codes 33523, 33825, 33870, 32068, 33935, 34266 CJ Alachua, Baker, Bradford, Charlotte, Citrus, State MID Counties Columbia, Desoto, Dixie, Flagler, Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, Indian River, Lafayette, Lake, Leon, Levy, Manatee, Marion, Martin, Nassau, Okeechobee, Pasco, 0. 0. Pinellas, Putnam, Sarasota, Seminole, Sumter, Suwannee, Union A minimum of 50%of the funding must be allocated to HUD MID counties and zip codes. cv ' 0 Cr ktiCr State-DeWpated MO Qa O � r E U Packet Pg. 2805 ®Miltilgation Frequently Asked 0 ® ,orFlo i Updated: r Q.Why isn't there a housing program? A.While DEO recognizes the importance of housing initiatives in Florida's communities,this need is already being addressed through Community Development Block Grant—Disaster Recovery(CDBG- DR) funds for Hurricane Irma. o CL Q. Where were the Regional Workshops held? A.All scheduled Regional Workshops regarding the State Action Plan development have been held. DEO will announce additional regional workshops and webinars for each program being funded after the Mitigation Program Guidelines are published. DEO will notify its partners when these public workshops are scheduled. Q. Where can 1 find the webinar slides and transcripts? A.The webinar slides and transcripts can be found on the program website: http:JJfloridajobs.org robuildflorida miti ation 2 cv Cr 0 m m Packet Pg. 2806 i o E ru r IT. �0.' 0-) a--j o p � m � 4-j E . - 0 V � a� . _ o ru >1 _ E . _ E u u � L.L ro u tv E L -Se O (6 Ln 4-, D Ln ru ro u � u_ a) = 0 V _0 u � o �O m = D -Seu � °�' u a� +� i >' _0 ,� N •V M �, ro 0 M 0 r LL C: 4-, O _ MI 4� +� u ru 0 u � 4 z •0 0) + w a) E 0 o o 0 D • - .- � ro � _ o .� � � .0 E +� D ^ o O - E = u �1 I I1 \J W E V r c O Qj -0 I O O OJ %4— -0 L 4J O0 p ' 4-1 Ln � O ;4ftj O V .� > LZ p p +J o 0 O a-J V (1) Qjo V �� zsOzs V o � > t3) V a1 ou E �� OL . � - •_' L L rl N 0. 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