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Item C10BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 17 August 2011 Division: Administration Bulk Item: Yes x No _ Department: Engineering & Project Management Staff Contact Person/Phone #: Wilson 453-8797 AGENDA ITEM WORDING: Approval of a resolution authorizing the Monroe County Housing Authority to initiate budget amendments for Disaster Recovery Community Development Block Grants (CDBG) awards with the State of Florida, Department of Community Affairs (DCA) as necessary to preserve awarded funding to be used for ADA compliance activities which shall be subject to approval by County Administrator, and authorization for the Mayor to execute any documents required by DCA to effect the grant budget amendments. ITEM BACKGROUND: Applications for sewer lateral assistance under the current program have not been as numerous as expected. Approximately half of the eligible applicants to the County program are residents of the City of Marathon and will be funded by a Marathon CDBG award. The need for assistance in the Cudjoe region for either lateral connections or for on -site assistance will not materialize before the June 2012 expiration of the funds under the CDBG Disaster Recovery 2008 FAYE grant. There is a provision in the grant that allows the funding to be used for ADA renovations to existing structures. Approval of this resolution will allow the Housing Authority to reprogram any unused funds for ADA improvements before they expire in June 2012. Even after reprogramming the funds the available funds in other grant awards should easily cover anticipated sewer assistance requests. Once DCA approval of the amendments is received the County budget can be adjusted. PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted Resolution 384-2009 authorizing the submission of applications or requests for 2008 Supplemental Community Development Block Grant appropriate for Disaster Recovery Initiative Tropical Storm Faye funding; authorizing the Mayor and/or County Administrator to execute applications, award agreements, program documents, reports and close out documentation; and authorizing the Monroe County Housing Authority to prepare the application and administer the program. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: NONE INDIRECT COST: NONE BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: NONE SOURCE OF FUNDS:CDBG grant REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 PROPOSED RESOLUTION RESOLUTION NO. - 2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO INITIATE BUDGET AMENDMENTS FOR DISASTER RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AWARDS SUBJECT TO APPROVAL BY THE COUNTY ADMINISTRATOR AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Community Affairs (DCA) has awarded Monroe County a CDBG Disaster Recovery 2008 FAYE (Initial) award of which $1,202,000 is available for sewer connections countywide and whose contract will expire in June of 2012; and WHEREAS, the State of Florida, Department of Community Affairs, has awarded Monroe County additional CDBG Disaster Recovery 2008 Funds (DREF) of which $437,400 is available for sewer connections countywide and whose contract is anticipated to expire in September of 2013; and WHEREAS, the State of Florida, Department of Community Affairs, has awarded the City of Marathon a Small Cities CDBG award of which $637,500 is available for sewer connections and whose contract is anticipated to expire in September of 2013; and WHEREAS, the State of Florida, Department of Community Affairs, has notified Monroe County of its intent to fund a Small Cities CDBG award of which $637,500 would be available for sewer connections and whose contract would be anticipated to expire in October of 2013; and WHEREAS, the total funds awarded in the amount of $2,914,400 currently exceed the demand for sewer connection funding from income eligible applicants; and WHEREAS, it is unlikely that the State of Florida, Department of Community Affairs will extend the June 2012 contract expiration date if there is no demand for sewer connection funding and the funding will be lost to the County; and WHEREAS, it is anticipated that the State of Florida, Department of Community Affairs will extend the June 2012 contract if there is a contract award for construction of an eligible activity and construction has started; and WHEREAS, Removal of Architectural Barriers in Public Buildings (ADA Compliance) is an eligible activity in the Disaster Recovery program but not in the Small Cities program. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: 1. Authorizes the Monroe County Housing Authority to prepare budget amendments to the State of Florida, Department of Community Affairs as necessary to preserve awarded funding for ADA compliance activities in the absence of demand for sewer connection funding. 2. Authorizes the City of Marathon to assume funding responsibility for Marathon applicants to the County program if they so desire. 3. Authorizes the Mayor to execute Disaster Recovery Grant Award budget amendments and any other documents required by DCA in order to preserve the grant funding for use for ADA compliance. 4. Authorizes the County Administrator to approve and execute such budget amendments in the absence of the Mayor. PASSED AND ADOPTED by the board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 170' day of August, 2011. Mayor Heather Carruthers Mayor Pro Tern David Rice Commissioner Kim Wigington Commissioner George Nugent Commissioner Sylvia Murphy SEAL: ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA U-3 Deputy Clerk PP g r Te�i'`-� A roved`�as°iol� a�st��ii�i Date: u, A, A Mayor Heather Carruthers STAFF RECOMMENDATION MONROE COUNTY ENGINEERING & PROJECT MANAGEMENT DEPARTMENT M E M O R A N D U M DATE: 1 August 2011 TO: Commissioners, Administrator FROM: Kevin Wilson �f- SUBJECT: Reprogramming of the Community Development Block Grant (CDBG) Disaster Recovery 2008 FAYE (Initial) Award for ADA Transition Plan Work Action: Approval of the attached BOCC Resolution authorizing the Monroe County Housing Authority (MCHA) to submit budget amendments to the Department of Community Affairs (DCA) to reprogram funds from the Community Development Block Grant (CDBG) Disaster Recovery 2008 FAYE (Initial) award to fund required ADA work in County facilities. Basis for Recommendation: 1. The CDBG Disaster Relief authorization includes ADA renovations as an allowable use. 2. Funds from this CDBG award above will be forfeited if not used by June 2012. 3. The funds exceed demand for sewer connection assistance by approximately $800,000. 4. There are several other sources of CDBG funds available to support any reasonably foreseeable added applications for sewer assistance based on the experience to date. 5. Any assistance requests from the Cudjoe region will not meet the June 2012 expiration of funds. 6. Any funds for ADA work currently programmed are forecast to come from the General Fund which continues to be under pressure from declining property values. Next Steps: 1. With BOCC approval, MCHA will submit requests for amendments to the grant budget for DCA approval; 2. With DCA approval, the funds will be re -programmed to fund ADA contracts or work by existing County staff to accomplish the work using strict Federal force accounting. Background: Funds available for sewer connection assistance currently total $2,914,400 in four separate grant awards. Three of them — the City of Marathon and Monroe County CDBG-Small Cities awards ($637,500 each) and the additional CDBG Disaster Recovery 2008 Funds (DREF) ($437,500) will have contract expirations in 2013. Approximately $400,000 of the Disaster Recovery 2008 FAYE (Initial) is already allocated to fund sewer connection assistance applications received to date. The funds available from the grants expiring in 2013 exceed current forecasts for eligible applications. After an initial flurry of applicants in early CY 2011, no additional applications have been received in the last three (3) months. Funds from the Disaster Recovery 2008 FAYE program must be contracted for expenditure before June of 2012. Applications for assistance in the Cudjoe region can't be contracted by then either for the central system or the on -site program since no construction is anticipated prior to June 2012. Re -programming of the funds from the Disaster Recovery 2008 FAYE program will serve two complementary purposes. The re -programming of funds that would otherwise be forfeited will offset General Fund allocations which increase the ad valorem tax rates and, since future grant allocations are based, in part, on a demonstrated ability to completely use the funds for their intended purposes, the probability of further grant awards to the County is increased by ensuring funds are re -programmed to other allowable uses before they are forfeited. RESOLUTION 384-2009 Dated 21 October 2009 RESOLUTION NO. 384 , 2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF APPLICATIONS OR REQUESTS FOR 2008 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT APPROPRIATION FOR DISASTER RECOVERY INITIATIVE - TROPICAL STORM FAYE FUNDING, AUTHORIZING THE MAYOR AND/OR COUNTY ADMINISTRATOR TO EXECUTE APPLICATIONS, AWARD AGREEMENTS, PROGRAM DOCUMENTS, REPORTS AND CLOSE OUT DOCUMENTATION, AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO PREPARE THE APPLICATION AND ADMINISTER THE PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Housing and Urban Development has made an allocation of $81,063,855 of Disaster Recovery Initiative Funding for the State of Florida; and WHEREAS, the State of Florida Department of Community Affairs prepared a draft action plan for the use of the 2008 Disaster Recovery Funds; and WHEREAS, the draft action plan allocates $2,488,963 to Monroe County, Florida for a county wide program; and WHEREAS, 14% of this award or $348,417 must be utilized for activities that address affordable rental housing and sub -grantees are encouraged to work with public housing authorities or other qualified non profits to accomplish this requirement; and WHEREAS, eligible activities include infrastructure, public facilities, business or commercial activities and housing; and WHEREAS, the infrastructure, public facilities and business or commercial activities can only take place in low to moderate income (very low and low income) service areas; and WHEREAS, award recipients cannot use this disaster assistance for a project or activity that was undertaken prior to the Presidential Disaster Declaration; and WHEREAS, housing is an eligible activity that does not require a target area; and WHEREAS, the Department of Community Affairs Action Plan requires that funds be made available countywide; and WHEREAS, the application for grant funding is due December 15, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: 1. Authorizes the submission of Disaster Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding. 2. Authorizes the Mayor and/or the County Administrator to execute applications, award agreements, program documents and reports and close out documents. 3. Authorizes the Monroe County Housing Authority to prepare the applications and administer the program. 4. Authorizes up to $10, 000 from Fund 100 CDBG Program Income for start up costs associated with preparing the applications and preparing a Disaster Recovery Housing Assistance Plan and inter -governmental agreements for the Board of County Commissioners approval. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 21st day of October, ko 2009. o L!J Mayor George Neugent Yes Mayor Pro Tern Sylvia Murphy Yes Commissioner Mario DiGennaro Yes Commissioner Kim Wigington Yes --r--_ Commissioner Heather Carruthers Yes L. KOLHAGE, Clerk Approved as to legal sufficiency: Date: BOARD OF COUNTY COMMISSIONER OF MONRO COUNTY, FLORIDA By: Mayor George Neugent % p O�1ED AS; -PtDRO J ASSISTANT CC Q'to K)4 -y Y A-r�',TTC) R^'Y / p f o � �L! Disaster Recovery Initiative U.S. Department of Housing and Urban Development (HUD) [Docket No. FR-5256-N-01] Federal Register/ Volume 74, Number 29, dated February 13, 2009 [Docket No. FR-5337-N-01] - Federal Register/ Volume 74, Number 156, date g st 14, 2009 2008 Supplemental CDBG Florida Department of Action Plan for the Use of mnity Thomas G. Pelham, AICP Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 http:ltwww.floridacommunitydevelopment.org/disasterrecovery.cfm nds TABLE OF CONTENTS PAGE THE IMPACT OF THE STORMS AND FLORIDA'S RECOVERY NEEDS 2 FEDERAL AND STATE RESPONSE 2 FEDERAL DISASTER DECLARATIONS FEDERAL APPROPRIATIONS OVERALL PLAN FOR RECOVERY AND PROPOSED USE OF FU How Funds Will Address Florida's Unmet Needs Anticipated Accomplishments Activities Waivers National Objective Citizen Participation and Public Comment Recovery Planning Quality Construction Special Needs Population Reporting Certifications and Documentation METHOD OF ALLOCATION General Information Match Requirements Allocation of Funds °" Application Thre c GRANT ADMINISTRATIt Sources of Admin State AdmkOa Dupli of Benefits Environ I Review Buyouts' Housing Assi Pre -award Agre nt Co: Monitoring Fraud, Waste and Abuse Program Income Timeframe for Completion Technical Assistance d Subgrantee Administration 12 12 12 12 12 13 13 13 13 13 13 14 14 14 15 15 15 15 APPENDIX A: CERTIFICATIONS 16 APPENDIX B: SUMMARY OF PUBLIC COMMENTS ON DRAFT ACTION PLAN 18 APPENDIX C: FEMA PRELIMINARY DAMAGE ASSESSMENTS 19 THE IMPACT OF THE STORMS AND FLORIDA'S RECOVERY NEEDS Tropical Storm Fay impacted the State from August 18, 2008 through August 27, 2008. Governor Crist and the President declared a state of emergency. Federal aid to supplement state and local response efforts due to the emergency conditions resulting from Tropical Storm Fay was provided. Although other states suffered greater loss due to storms in 2008, many of Florida's counties were impacted by flooding and other damages. V Individual assistance was made available to Alachua, Baker, Bradford, Brevard, Charlotte, Clay, Mnr Collier, Duval, Gadsden, Glades, Hendry, Jefferson, Lake, Lee, Leb Madison, Marion, Martin, Nassau, Okeechobee, Orange, Polk, Seminole, St Lu Naylor; Volusia, and Wakulla �P Counties." V Hazard Mitigation assistance was also made available tti state f " °Kcal governments and certain private nonprofit organizations for repair o ent of ter -damaged public facilities in Alachua, Baker, Bradford, Brevard, a, oun, Clay, Collier, , Duval, Flagler, Gadsden, Glades, Gulf, Hamilton, Hardee, Fle ry, HigFlands, Jefferso e, Lee, Leon, Liberty, Manatee, Marion, Martin, Monroe tau, Oke chobee, Osceo m Beach, Putnam, Sarasota, Seminole, St. Johns, St. L Suw e, Taylor, Unto; Volusia, and Wakulla Counties. All counties were eligible to appl� ardlitigation gram funds. Hurricane Ike, which impacted the State A September 5, 266 suited in Governor Crist and the President declaring a disaster due to dama blic facilities, in cture, and homes. Federal aid was made available to the State to supplem d local respo orts due to the emergency conditions. The disaster declaration covered Proe Hurricane Gustav, which im d the State" 'ugust 08 through September 7, 2008, resulted in Governor Cris,. resident dec o"ing a disa ,, r due to damage to public facilities, infrastructure, and ho Six c s received MA public assistance (Bay, Escambia, Franklin, Gulf, Okaloosa and osa). A unties were a bible to apply for Hazard Mitigation grant funds. FEDERAL AND STATER Both Gove,.mr r� the F 'dent immediately responded with state and federal disaster declara>� ' `s. State Errs cy Re onse Teams and FEMA were immediately on site to inspect dames ., nd set up disas ief ce °g FEDERAL STER DECL TIONS Declarations by^` er and dad 'fthat applied to the storms are listed below: FEMA-3288 ''a "'August 21, 2008 Tropical Storm (August 18 — and continuing) FEMA-1785-DR dated August 24, 2008 Tropical Storm Fay (August 18 — September 12, 2008) FEMA-3293-DR dated September 7, 2008 Hurricane Ike (September 5, 2008 and continuing) FEMA-1806-DR dated October 27, 2008 Hurricane Gustav (August 31, - September 7, 2008) FA FEDERAL APPROPRIATIONS The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, (Public Law 110-329, approved September 30, 2008) appropriated $6.5 billion for recovery from 2008 disasters. Funds must be used only for disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization in areas affected by hurricanes, flooding and other natural disasters that occurred during 2008, for which the President declared a major disaster under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et. seq.) Under the Act, Florida will receive a total of $81,063,855, of which at leas979,866 must be used to address affordable rental housing. However, the State plans to use u to foureen percent (14%) for affordable rental housing. The amount that must be spent for hou presents the State's relative share of estimated unmet housing needs for property owners ne serious damage to their homes. a OVERALL PLAN FOR RECOVERY AND PROPOSED U. "* F'FUNDS Applications from eligible recipients, representing u ." eeds in *1risdictions imps" ar y the 2008 storms, will be considered the State's overall plan to very. Ne State unders ds that local communities are in the best position to develop recovery p f eir Jurisdiction arA believes that it is in the best interest of communities for the State to allow s tees to undertake activities that will address their special needs as long as th re implemented w he parameters of this Action Plan and related rules and regulations. N How Funds Will Address Florida's Unmet Nee W Federal requirements clearly to that the fun c e usM" for disaster relief and long-term recovery in communities the specifie . "sasters. F ds will be directed to areas with the greatest need. Counti ould for funding" nless the county designates a municipality that received the greatest es. A W recipients c3 not use this disaster assistance for a project or activity that was underw r to th residential dis *declaration, with the specified time period in the appropriations act, unle e ,' it ctly im a ted the project. Elements of activities that are reimbursable or a le �,. ` mall Business Administration (SBA) cannot be undertaken S. Dam sA"" psessment rep' "" dicate "ire is unmet need in three main areas: public assistance (infrstr"' a and public fa s), busf, ss (commercial revitalization), and housing. The allocation method is d on compilati of da age assessment data provided by FEMA and is designed to meet the un ' " eeds reflect `' 1 y the damage assessment data. Damage assessment data relating to individual a' " ' blic assi i nce was provided to the Department by the State's Division of Emergency Mana ' ° t It auld be noted that damage assessment is at the county level. Anticipated Accomplish The State expects to make repairs and related improvements to housing and public facilities and if needed, for economic recovery activities, particularly restoration of commercial areas. The majority of the beneficiaries of the funds will be low- and moderate -income (LMI) residents. All housing activities must meet the LMI national objective under the State's plan. Applications for the funds will be required to specify proposed activities, proposed units of accomplishment, and beneficiaries in the application. These anticipated accomplishments will be reported by the Department to HUD during the first quarter of reporting using the online Disaster Recovery Grant Reporting System (DRGR). Recognizing that many local governments in Florida are already administering large amounts of federal dollars, should a subgrantee not be able to expend all funds in a timely manner or not apply for their full allocation, the State will reallocate the funds to jurisdictions that have unmet need and can use the funds within the established timeframe. Deobligated funds maybe used in the same manner. Activities This Action Plan outlines the State's framework for allocating funding. However, eligible subgrantees are being provided, and are encouraged to read, the requirements set out in the Federal Register (Volume 74, No. 29 and Volume 74, Number 156). Unless otherwise 4484,the Federal Register, statutory and regulatory provisions governing the Community Dev.ment Block Grant (CDBG) program for states, including 24 CFR part 570 subpart I, apply to the these funds. The Department will limit new construction or new development %��he expa n of facilities that serve the community or the replacement of storm -damaged house . nnot be uately brought up to safety and health standards (building codes). Funds wil Abe use for repairs a ng-term recovery. At least fifty percent (50%) of the funds must benefit "¢ - and moderate- income ons. The LMI National Objective must be met for all housing activid" o Infrastructure and public facility projects may inch ` "� 't ark not limited'to, repairs and improvements to streets, water and sewer systems, an :„ _inage facilities. o Business assistance may include, b limited to, repa d improvements to buildings in commercial or business areas and rel s. V Housing activities may include rehabilitatNe income persons whet abilitation tha cannot be accomp ' A al govern floodplains and . cate th cupants, must be de and th A operty conve will prevent all fut velop ', nt except for other public recreatid r ose. a The Sta °is required t (house," abilitation, rep floo' plat ). The State i activities to re that the Public Housin_ ";.orities or to housing for low- and moderate- ing the - p to local and state building code may also ' yout residential properties located in ever, all improvements on the acquired property `' d to its natural state with deed restrictions that structures that may be needed for parks and 'the buyout must be to move a household out of nd to its natural state for perpetuity. :a 079 866 for activities that address affordable rental housing it, t ry or permanent relocation, buyout of housing units in the rget f een percent (14%) of its funds for affordable rental housing ral re' uirement is met. Subgrantees are encouraged to work with r qualified nonprofits to accomplish this requirement. �,.Y,­housing Should an applican �ue an activity that is not listed in the action plan or application, the Iota government must coDepartment for approval prior to undertaking such activity. Eligible activities must focuassistance, public infrastructure destroyed or damaged, and assistance for commercal areas impacted by the storm. 9 Listed below are eligible activities that may be undertaken by subgrantees: CATEGORY IP-Infrastructure or Public Facility BC -Business or Commercial, H-Housing ELIGIBLE ACTIVITIES IP, BC, H IP, BC, H Acquisition for rehabilitation. Acquisition in 100 year flood plain, acquisition (in ort -f), acquisition of real property, land, building, easement or ri ht-of-wa IP, BC, H Administration, Planning and Management IP, BC, H Asbestos removal / lead based paint abatem , IP, BC, H Clearance and Demolition H Code enforcement H Demolition of vacant dilapidated hou units IP, B Demolition of vacant dilapidated s res oth than housing) IP, B Engineering I Fire protection, fire hydrants, water faci , lin "fio%k, treatment, w ll I Fire station, equipment Flood & drainage, stor rains, catch basin, N ion pond, curb & gutter H Housing rehab plumbin Open space parks, la r reational facili Other Commercial/Busines ` , ss B IP, B Other commercial/industrial Aprovereffift IP, B Parking fac''' s, spaces IP, BC, H Perma ion as part o - zard mitig n, permanent relocation, temporary reloc n I PQ Aftyell & seW system insta tion P6blidlWies & Aprovements O = Recreati ter, s for center b, multi-.--- resi I H B ublic a owned commercial/industrial H Rehaftftle un ' en ial IP, B- -" Rehabili of co . ial buildings, facade, section 504 compliance, correction of code vi n, bull rehab b owner/tenant B Relocation Mornmercial facility I elocation ' tilities to underground IP, B N oval of chitectural barriers in ublic buildings H e t housing I Se eatment plant, sewer lines & components, sewer line replacement, other sew e acilities force sewer main, gravity sewer main, treatment, pump/lift stations IP, B Sidewalks and pedestrian malls when related to Commercial improvements I Solid waste disposal improvements I Street improvements, resurfacing B Tree planting I Utility hookups H Water and/or sewer hookups for housing units I Water facilities, water & sewer improvements in general Waivers The State will make use of waivers provided by HUD in the Federal Register notice as necessary for the successful implementation of the funded activities. Subgrantees should refer to the Federal Register notice for information on waivers. National Objective All activities must meet one of the three national objectives set out in the Housing and Community Development Act (address slum and blight, urgent need, primarily bere'�Alll persons). Up to 50 percent (rather than the 30 percent allowed by regular program regul 1�' ns) ohhe State's grant may fund activities under the "urgent need" or "prevention or eliminatO, slums and blight" national objectives. At least 50 percent (rather than the 70 percent requir ° ` n eA ular program regulations) must be utilized to serve LMI beneficiaries. All housing activities Est mee �MI national objective. Citizen Participation and Public Comment State Efforts The State published a notice in the Florida Administrati . y (>°AW) on September 2, 2009, announcing the availability of the funding, the development graft Action Plan, and the application cycle. The notice appeared in the FAW o eptember 11, 200 " e information was also emailed to all local governments and posted to the ent's website.e ments from the public on the Action Plan were accepted from Septembe until Septem2009. Appendix B is a summary of public comments received. The f in 11 open on c ober 27, 2009, and close on December 15, 2009. (The Department anticipa that Pla ill be approved by HUD within approximately 15 days of sub al. However, s ul a De t become aware of any issue that could affect the applicatio - closing dat I be exten d and notification will be provided to all local governments. noti n will also b osted to the Department's website.) In addition, the Department will informal 1, available t ther agencies and nonprofit organizations by publishing notices in the and o s website. f, Local Efforts Because- image asse t data ilable only at the county level, the unmet need data cannot be furthe ken down by j tions "", „ " t#ie county. Therefore, counties eligible to receive funds museL; „r the needs o; t munici ities (and Federally Recognized Indian Tribes) within the incorporatewell as uninc rated" rea of the county (and reservations contiguous to the county). Counties sh " Iso consult , a th local housing providers regarding funding for affordable rental housing needs d to the s q ms. Counties must provide the Department with documentation that all parties were a d an importunity to discuss unmet needs and the best use of the funding. Counties may elect ,.i` municipality apply for and administer the funds if such municipality has the capacity, the great "°t unmet need, and the majority of the funds will be expended within its jurisdiction. In all otherases, the county will be the applicant and will administer funding for projects located in affected municipalities as well as the unincorporated area. Applicants will not be required to conduct public hearings or meetings to receive comments from residents of the community. Applicants will be required to post a public notice in a newspaper of general circulation and to their website, that states the types of projects to be undertaken, the source and amount of funding available for the activities, a date by which public comments must be made, and who to contact for a copy of the proposed application (i.e., name or office and telephone number). This notice, which must provide for a 10-day comment period, must be published prior to the submission of the application. 0 The State, local governments and Federally Recognized Indian Tribes receiving awards must allow citizens access to grant information pursuant to Florida's Government in the Sunshine Law as well as federal requirements. Records should be made available for public inspection during normal business hours. In addition, if possible, information should be posted to websites. Upon request, information must be provided in a format accessible to persons with disabilities. Retention of records must meet existing public record requirements. Recovery Planning The State encourages its subgrantees to implement short- and long-t -' overy planning and to make sound decisions that result in appropriate land -use, responsible plainmanagement, removal of regulatory barriers to reconstruction, and coordination with oth and federal programs and entities. .. >� Quality Construction The State will encourage construction methods th em efficiency, sustainability, and mold resistant reside rr requires that all housing units assisted with these isa local building codes and Section 8 Housing Quality conservation measures (i.e. energy efficient appliances, win risk through construction and elevation sh be undertaken. asize high qualit , ability, energy arcLand other bui The State eve ds be brought to state and , -including appropriate energy rs, etc.). Efforts to mitigate flood Special Needs Population ` The State encourages grant recipients to pr de ad, odYsistant housing for all income groups within the disaster-affe d areas. Subg t must a in their application how they will attempt to address emer ter and tran nal housi needs of homeless individuals and families (including sub ulatio prevent I income individuals and families with children (especially those wi . , mes b 30 percent f median) from becoming homeless, to help homeless persons rake , . ransiti to permanent ing and independent living, and to address the special needs of perso o meless R entified in accordance with 24 CFR 91.315(d). An explanatio a sub ee address the special needs population must be incorporat 5 Hour ssistance lans if the Plan does not already contain such languag The State wi rt on funds ended as well as accomplishments and beneficiaries in HUD's online Disaster Recov rant Re ing (DRGR) system. Funds will be drawn for payments by the Department using ste " ach subgrantee must report on a quarterly basis (on a form provided by the Department) o 0 us of the activities undertaken. Quarterly status reports will be due to the Department within 15 c dar days following the end of the quarter. The State will then report to HUD using the online DRGR stem. Certifications and Documentation The use of the disaster funding is contingent upon certain requirements, and both the State and local governments will be expected to certify that these requirements will be met or carried out. Applicable federal and state laws, rules and regulations are listed in the application form, and the chief elected official, or designee authorized by the local governing authority, of the local government applying for funds will be required to certify in writing that the grant will be carried out in accordance with the stated 7 requirements. These requirements will also be a part of the Award Agreement between the Department and its subgrantees. In addition, local governments will be required to submit or maintain documentation that fully supports the application that is submitted to the Department. Requirements relating to documentation are set out in the application form. Failure to document that a project is needed as a result of the disaster(s) or to mitigate the effects of future disasters will result in an application being declared ineligi ble. METHOD OF ALLOCATION General Information The Department of Community Affairs will administer the $81,06 ' 5 ted by HUD. Entitlement communities, non -entitlement communities, and Federally Red = ized Tribes are eligible to apply for assistance. Funds will go "to areas having unmet . " at leas ercent (50%) of the funds must benefit LMI persons. Applicants must certify. t no other funding ilable to address the need. Eligible applicants may submit multiple pr ', cts that will address ho infrastructure, public facility, or commercial needs. Local govern re encolviying ed to give sp sideration to the unmet needs of the elderly, people with disabifities, . pets in poverty. The federal register notice limits administration to five perceX,of overall state allocation. The State anticipates that two percent (2%) of � funding will binistrative expenses and an additional half -percent (.5%) for technical a e to subgl governments may use two and one-half percent (2.5%) of the State's tot', for Match Requirement There are no match req ut local go ments ar ncouraged to use funds from other sources in combination . these S. Allocation of Funds fib# Data: Preji,` age ssmen data is collected by the Federal Emergency Manage m Agency at t unty level. The dollar amounts representing damages were the basis a allocation for , Y Methodo Counties that rienc� damage from Tropical Storm Fay and Hurricanes Ike and Gustav wer ed in order o tal Damage. Each county's T amage s a percentage of the entire State) was then multiplied by the funds available to calculat i Allocation." Simple Allocation = T,, -x $81,063,855 The total funds available were limited for statewide distribution; therefore, a Simple Allocation cut-off of $190,000 was established to ensure significant awards. All allocations not meeting this threshold were re -distributed to those in the top -qualifying tier, distributed by each county's percentage of those within the tier. Allocating the funds in this manner ensures that communities with the greatest need receive an amount significant enough to accomplish measurable repair and recovery. 8 Simple Allocation by County COUNTY PDA TOTAL TOTAL AWARD PCT OF TOTAL DMG SIMPLE AWARD Leon $30,543,181 $79,037,259 12.73% $10,065,128 Collier $29,894,993 $79,037,259 12.46% $9,851,525 St. Lucie $24,179,628 $79,037,259 10.08% $7,968,097 Escambia $21,206,000 $79,037,259 8,84% $6,988,175 Brevard $19,643,240 $79,037,259 8.19% $6,473, . . Palm Beach $19,603,736 $79,037,259 8.17% $6,4 9 Duval $12,831,502 $79,037,259 5.35% f3 Volusia $12,521,000 $79,037,259 5.22% 112 Gulf $7,609,893 $79,037,259 3.17% 2,507,7 Monroe $7,468,230 $79,037,259 3.11% 461,063' " Sarasota $7,062,649 $79,037,259 2.94°/ •$2,327,409 St.Johns $3,901,684 $79,037,259 1.6„ "; $1,285,752 Bay $3,741,814 $79,037,259 Putnam $3,598,200 $79,037,259" 1.5 5,742 Flagler $2,611,875 $79,037,259 1.0900 86 ,711 Nassau $2,347,652 $79,037,259 0.98% $773,640 Broward $2,293,315 $79,037, 0.96% 755,734 Martin $2,034,336 $79,037,2 0.85% 0,390 Okaloosa $2,023,400 $79,037.25 >•. 4% Hardee $1,900,000 $79,037,259 $6 2 Santa Rosa $1,740,000 $79,037,259 0.7 �% $ 3,395 Marion $1,567,415 $79,037,259 -0, 516,522 Miami -Dade $1,515, 9,037,259 .63% $499,308 Calhoun $1,5 4 37,259 63% $494,786 Alachua $�13 1 -37,259 "t`60% $470,488 Okeechobee 1,41 $ ,, 37,259 0 ° $465,320 Wakulla $1,378,0 01 % $454,103 Seminole 297,284 9" N0 54% $427,504 Baker 55 037,259M 0.50% $391,344 Franklin $ 7,259 0.38% $296,584 Lake $871, $79, - - 0.36% $287,231 Hendry V $817,57 $79,0 59 0.34% $269,420 Osceola $727,045 $79, 7,259 0.30% $239,589 Gadsden $725,727 $79,037,259 0.30% $239,154 Bradford - $649,816 $79,037,259 0.27% $214,139 Highlands 21,781 $79,037,259 0.26% $204,900 Clay $79,037,259 0.25% $198,881 Glades $6 81 $79,037,259 0.25% $198,672 Jefferson $5 '1,439 $79,037,259 0.25% $194,901 Manatee $456,767 $79,037,259 0.19% $150,522 Liberty $426,811 $79,037,259 0.18% $140,650 Suwannee $414,000 $79,037,259 0.17% $136,429 Dixie $387,729 $79,037,259 0.16% $127,771 Hamilton $227,641 $79,037,259 0.09% $75,016 Pasco $201,810 $79,037,259 0.08% $66,504 Taylor $166,323 $79,037,259 0.07% $54,810 Union $166,237 $79,037,259 0.07% $54,781 Charlotte $160,982 $79,037,259 0.07% $53,050 9 COUNTY PDA TOTAL TOTAL AWARD PCT OF TOTAL DMG SIMPLE AWARD Columbia $60,222 $79,037,259 0.03% $19,845 DeSoto $20,000 $79,037,259 0.01 % $6,591 Citrus $0 $79,037,259 0.00% $0 Gilchrist $0 $79,037,259 0.00% $0 Hernando $0 $79,037,259 0.00% $0. Hillsborough $0 $79,037,259 0.00% $ Holmes $0 $79,037,259 0.00% 0 Indian River $0 $79,037,259 0.00% . $0 Jackson $0 $79,037,259 0.00%� Lafayette $0 $79,037,259 0.00% £' Lee $0 $79,037,259 0.000/( $0 Levy $0 $79,037,259 0.00. a $0 Madison $0 $79,037,259 0.0 Orange $0 $79,037,259 Z$0 (� ' $0 $0 Pinellas $0 $79,037,259 . a Polk $0 $79,037,259 0.00% $0 Sumter $0 $79,037,259 0.00% $0 Walton $0 $79,037,29 0.00% $0 Washington $0 $79,037,2 ' 0.00% $0 Totals $239,842,891 QO% $79; 95 fir. Final Awards after s under $ „. PCT OF COUNTY TOTAL TOTAL TOTAL �. ., �MG Leon $759 t`�a Collier 9 8§ ; $79,0 12 46% St. Luci $24,179,628 > 9,037, 10.08% Esca ► $21,206,000 037,259�z.' 8$4% Brevard um a$19,643,240 37,259 8.19% Palm Beach �03,736 $7 7,259 8.17% Duval mt3;;,1,502 $7 F, 7,259 5.35% Volusia $12 00 $7 T 7,259 5.22% Gulf $7 6 7 ,037,259 3.17% Monroe $7,468,2 E 79,037,259 3.11 % Sarasota $7,062,649 $79,037,259 2.94% St.John's $3,901,684 $79,037,259 1.63% Bay $3,741,814 $79,037,259 1.56% Putnam $3,598,200 $79,037,259 1.50% Flagler $2,611,875 $79,037,259 1.09% Nassau $2,347,652 $79,037,259 0.98% Broward $2,293,315 $79,037,259 0.96% Martin $2,034,336 $79,037,259 0.85% Okaloosa $2,023,400 $79,037,259 0.84% Hardee $1,900,000 $79,037,259 0.79% Santa Rosa $1,740,000 $79,037,259 0.73% H1 SIMPLE pI;E PCT OF REALLO- AWARD A THRESHOLD CATION PLUS ,gip ;, GROUP REALLOC 0,065,128 12.88% $885,969 $10,179,232 $9,851,525 12.61% $885,969 $9,963,208 $7,968,097 10.20% $885,969 $8,058,428 $6,988,175 8.94% $885,969 $7,067.397 $6,473,187 8.28% $885,969 $6,546,571 $6,460,169 8.27% $885,969 $6,533,405 $4,228,463 5.41% $885,969 $4,276,399 $4,126,141 5.28% $885,969 $4,172,917 $2,507,746 3.21% $885,969 $2,536,175 $2,461,063 3.15% $885,969 $2,488,963 $2,327,409 2.98% $885,969 $2,353,794 $1,285,752 1.65% $885,969 $1,300,328 $1,233,069 1.58% $885,969 $1,247,047 $1,185,742 1.52% $885,969 $1,199,185 $860,711 1.10% $885,969 $870,469 $773,640 0.99% $885,969 $782,410 $755,734 0.97% $885,969 $764,301 $670,390 0.86% $885,969 $677,990 $666,786 0.85% $885,969 $674,346 $626,122 0.80% $885,969 $633,220 $573,395 0.73% $885,969 $579,896 10 COUNTY PDA TOTAL TOTAL AWARD PCT OF TOTADMGL SIMPLE AWARD PCT THRESHOLD O REALLO- CATION SIMPLE AWARD PLUS REALLOC Marion $1,567,415 $79,037,259 0.65% $516,522 0.66% $885,969 $522,378 Miami -Dade $1,515,178 $79,037,259 0.63% $499,308 0.64% $885,969 $504,969 Calhoun $1,501,454 $79,037,259 0.63% $494,786 0.63% $885,969 $500,395 Alachua $1,427,721 $79,037,259 0.60% $470,488 0.60% $885,969 $475,822 Okeechobee $1,412,040 $79,037,259 0.59% $465,320 0.60% $885,969 $470,595 Wakulla $1,378,001 $79,037,259 0.57% $454,103 0.580. $885,969 $459,251 Seminole $1,297,284 $79,037,259 0.54% $427,504 0. 10 $885,969 $432,350 Baker $1,187,555 $79,037,259 0.50% $391,344 % $885,969 $395,781 Franklin $900,000 $79,037,259 0.38% $296,584 $885,969 $299,946 Lake $871,619 $79,037,259 0.36% $287,231 0.3 $885,969 $290,487 Hendry Osceola $817,570 $727,045 $79,037,259 $79,037,259 0.34% 0.30% $269,420 0.34% $239, , 0.31% 885,969 969 $272,474 $242,305 Gadsden $725,727 $79,037,259 0.30% $2 -, 4 0.31% $ 9 $241,866 Bradford $649,816 $79,037,259 0.27% 139 0.27% $88 ,5$216,566 Highlands $621,781 $79,037,259 0.26% 0 )4026%. $885 9 $207,223 Clay $603,515 $79,037,259 0.25% $19 . ' .. ,5% $885,9G $201,136 Glades $602,881 $79,037,259 0.25% $198,6 WI0.25% $885,969 $200,924 Jefferson $591,439 $79,037,259 0.25% $194,901 0.25% $885,969 $197,111 PDA= Preliminary Damage Assessment SIMPLE AWARD is approximately one third of the P be total funds one third of the total damage). SIMPLE AWARD PLUS REALLOCATION is as above, p a oca I s from all communities at <$190k SIMPLE AWARD. Project Selection: The State believes that lop mm scan best d ine projects that are eligible for funding and for which no other funds are , e Department of Community Affairs will provide a list of eligibl , that overn " ay use in developing applications for proposed projects. to a arty e 0y activities other than technical assistance and administration. o All Nlo, must re. t eligible activities, and all activities must meet a national objective. o All vities m, benefit persons at or below eighty percent (80%) AMI (must meet HUmoder - income national objective). o Apm he federal requirement for affordable rental housing needs. o A narrative m scribe the overall project and include location, amount of expenditure projected for ea activity, and who the anticipated beneficiaries are. The narrative must provide justifica ion for undertaking the activities and describe how they relate to the storms covered by the federal declarations mentioned in this Action Plan. The application must reflect a national objective for each activity and explain how the national objective is being m et. o Applications must describe how beneficiaries of housing activities are selected or provide a copy of an adopted Housing Assistance Plan that describes beneficiary selection. o Applications must specify how special needs populations will benefit as a result of the activities (please note that special needs persons include those who are homeless, elderly, handicapped). 11 o Any additional information requested by the Department in order to justify or determine the eligibility of a project must be provided in a timely manner as set out by the Department. GRANT ADMINISTRATION Sources of Administrative Information for State and Subgrantee Administration In the administration of these funds, the State will rely primarily on the guidance, including specified requirements and waivers, set out in the Federal Register Notice. Th",�a e will also refer to the federal regulations that govern the State -administered Small CitiXHMaciriiate it Development Block Grant (CDBG) Program, taking into consideration waivers made by the administration of this funding. The State will adopt an emergency rule that will provide communities. Administrative requirements pertaining to thi: application, the Award Agreement and, in some cases, i 44 form of technical memorandums or other communic specify information that communities applying for f i Agreement between the State and the subgrantee wil grant administration. State Administration and Staffing The Department plans to hire two addition associated with the funding. An administrativ added; disaster staff already employed to Department's regular progra ff. Staff is trai The relatively small amo al funding additional state staff. Administrative Costs' th ty to a rants to the targeted at :.n of fund . ill be reflected in the ;r Instructions pro o grantees in the The application an nstructions will prove with the appli he Award contadfibSiDecial co, nditio._ that relate to > to assistWWact a administrative functions n and a manager position will be rCovery will assist, as will the mini BG and disaster recovery grants. ceive v Florida will alleviate the need for As stated in t ble Fe Regi o more than five percent (5%) of the State's total grant awar, or pl and prog am administrative costs. The State will use two and one-half ercent (2.5 0 the ning two and one-half percent (2.5%) available for use by subgr s. The limited nt of 'trative funding will require subgrantees to select projects that 'an' ,plemented wit the ne or a large amount of administrative costs. The Department a "agesapplicants to carefully plan projects that meet the stated requirements and to specify activiti dated costs, and proposed accomplishments and beneficiaries in order to reduce the need for am iing contracts. The Department will award two-year contracts. The Department will follow its established process for amendments. Local governments should contact the Department prior to requesting an amendment or contract modification that affects the budget, activities, beneficiaries, or timeframe for accomplishing the work. Should a proposed amendment result in the need for modification of this action plan, the State will follow the process required by HUD for this disaster recovery funding. Modifications to contracts that would result in the State not being able to meet the affordable housing requirement will not be approved. Applicants should identify unmet needs within the application. Should a subgrantee not be able to expend all funds in a timely manner or not apply for their full allocation, the State will reallocate the 12 funds to jurisdictions that have unmet need and can use the funds within the established timeframe. Deobligated funds may be used in the same manner. Anti -Displacement and Relocation Local governments must minimize displacement of persons or entities and assist any persons or entities displaced in accordance with the Uniform Anti -Displacement and Relocation Act and local policy. Citizen Complaints. Subgrantees having procedures for dealing with citizens' complai , er the Florida Small Cities CDBG or Entitlement programs must follow such procedures. If ce o not exist, they must be adopted prior to execution of the Award Agreement with the Dep ment. antees must provide a written response to every citizen complaint within 15 workin o the corn if practicable. Definitions The terms and definitions that are normally assoc 'th Co nity Developm r ock Grants apply to this funding. This includes the definition of low- od Nincome, very! -income, and income limits. In addition, definitions and descriptions d in the federal register and any subsequent information provided by the Dq artment are applic Duplication of Benefits mNIg In general, 42 U.S.C. 5155 (section 312 of the. obe Relief Act, as amended) prohibits any person, b ine assistance with respect to a f a loss resul financial assistance and y ogram or fr Act stipulates that fun_ ay not ed for activi made available by P by the my Corps of there will be no duplicate b The State duplication of bereft occurs.° rd Disler Assistance and Emergency on er entity from receiving financial om a maJ isaster as to which he has received insurance r any other source. The Second 2008 i reimbursable by or for which funds have been eers. Local governments must certify that monitor its subgrantees to ensure that no AppNthhe mply wi Statrrev!iew. rgovernmental Coordination and Review process and 24 CFRing to en ment Specific instructions concerning this process will be madall subgrant Some projects will be exempt from the environmental assessment procbgrantees ° 11 be required to submit the Request for Release of Funds and Certm 70.1 Funds will not be released for expenditure until the Department is satisat vironmental review has been conducted. Buyouts Disaster recovery grant recipients have the discretion to pay pre -flood or post -flood values for the acquisition of properties located in a flood way or floodplain. In using CDBG disaster recovery funds for such acquisitions, the subgrantee must uniformly apply the valuation method it chooses. Any property acquired with disaster recovery grants being used to match FEMA Section 404 Hazard Mitigation Grant Program funds is subject to section 404(b) (2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, which requires that such property be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands 13 management practices. In addition, with minor exceptions, no new structure may be erected on the property and no subsequent application for federal disaster assistance may be made for any purpose. A deed restriction or covenant must require that the property be dedicated and maintained for compatible uses in perpetuity. Flood insurance is mandated for any assistance provided within a floodplain. The federal requirements set out for this funding provide further guidance on activities that are to be conducted in a flood plain. The Department will provide further guidance regarding work in the floodplain upon request. HUD has provided waivers that may apply to buyout programs implemented by subgrantees. These are spelled out in the federal register notice. Housing Assistance The local government must adopt a policy for selecting benefi assistance if they have not already done so. The local selecting beneficiaries, including the special needs pope ion, Local governments are encouraged to use their exisf Housii Agreement is executed, modifications to the plan c be i Each applicant must submit a copy of their community usi must specifically address disaster recovery funding and the Pre -award Agreement Costs The provisions of 24 CFR 570.489(b) will I otherwise allowable costs incurred on or afte State requires that subgrantees provide the Approval of requests will be m,q,on a case -I Monitoring The Department will %utilize disaster recovery allocatio regulations. T artm State's cone a it is not addr needs dire case, - " 4 ocal government that ' as _MI,llowed. In determininiM propriate administration, indings determine the area be will be monitored at e program compliance wi o the requirements of 24.C`FR monitoring regular program activities: ries an sing units for housing went mu s tgw this policy when id housing to be addressed. Assistance Pla nce the Award with the Depa n" approval. istance Plan ( ). The HAP to be served by the funds. so that a sup a can reimburse itself for Mte of the ered disaster. However, the writt n request to incur such costs. inmonitoring prodo ensure that all contracts funded under this o t in acconce with federal and state laws, rules and moni dance of subgrantees, and HUD will monitor the nt. Expen ures may be disallowed if the use of the funds does the disaster or are clearly not for the greatest needs. In such ng anding would be required to refund the amount of the grant m ;coring of the grant, the Department will consider prior CDBG grant well as factors such as complexity of the project. The Department will mn stored, the number of monitoring visits, and their frequency. All grants Ar nee a year for the duration of project activities. The monitoring will address ntract provisions, including national objective, financial management, and Part 85. The Department will utilize the checklists similar to those used in activities. The monitoring process typically consists of the following - The Department determines the schedule for monitoring and the program areas to be monitored. - The Department contacts the subgrantee by phone to schedule a monitoring visit. - The date and purpose of the visit is confirmed in writing. - Staff arrives on the scheduled date and conducts the monitoring. - Staff prepares and mails to the recipient a written monitoring report within 30 days of the 14 monitoring visit. - The subgrantee must respond within 35 days. It may request a 15-day extension if it cannot resolve the findings within the 35-day period. - The Department approves the extension and/or responds to recipient's report on actions taken or to be taken to address grant findings. - The Department clears the findings or requires further action. - All findings must be cleared before the grant can be closed. Fraud. Waste and Abuse At all phases of grant administration, including application and assistance and monitoring, the Department will review areas and funds could occur and advise the recipient of the funds of the ac for such. A risk analysis will be completed for each subgrante . monitoring and reviewing accounting, financial mana ;,;, procurement documents. The State will use techni ,, assi subgrantees as needed. The State will also instru ubgranfi contractors as subrecipients of these funds. Further, the Department will request that its Inspector Genf ft documents and provide technical assistance as needed to e Department will involve HUD and the Inspector Gener government does not immediately take co ctions when The Department will suspend all funding as s ossibility c funds is suspected and will not provide additi al fu til the resolved satisfactorily, the subgrantee will be re ired Program Income Any program income' Department, but may be recovery activity from wh the grant imp.�e:" All grant ided to local c be amend e > extend the encourages s ntees to housing activitie Technical Assistance Ntion workshops, technical re fraud and/or misuse of to alleviate the possibility ive special attention to ncluding It payments), and ice to incr the capacity of on monitorin k plovided by ionitoring visits; review financial fraud, waste and abuse. The rice to further assist if a local 0wa to or abuse is suspected. or and abuse of federal F, r is resolved. If it cannot be 11 of the funds received. as aL,h of activities : nded under this grant must be reported to the edlocalgover nt and used to continue the CDBG disaster erat Instructions will be given to all subgrantees at mentE Pill be in the form of a two-year contract but the contract may end4"date for up to 24 months. Where possible, the Department with qualified nonprofit agencies to ensure the timely completion of The State will provide technical assistance to local governments requesting assistance in developing applications for funding under the HUD Disaster Recovery Initiative. At a minimum, this technical assistance will provide information on: the eligible uses of funds, the application or method of fund distribution, and an explanation of rules and regulations governing the grants funded under the Disaster Recovery Initiative. Technical assistance may take the form of workshops, telecommunication, on -site assistance, written correspondence, or manuals and guidebooks. 15 APPENDIX A CERTIFICATIONS In accordance with applicable statutes, regulations, and notices: a. The state certifies that it will affirmatively further fair housing, which means that it has or will conduct an analysis to identify impediments to fair housing choice within the state, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (See 24 CFR 570.4�8�7a„ b. The state certifies that it has in effect and is following a residentia , placement and relocation assistance plan in connection with any activity assisted with fu g Ur I he CDBG program. c. The state certifies its compliance with restrictions on lobbvir) egtred by parts 87, together with disclosure forms, if required by part 87. d. The state certifies that the Action Plan for Disaster, " " very is a orized under staaand that the State, and any entity or entities designated by th . , te, po,�` 0 ses the legal a iority to carry out the program for which it is seeking funding, in acco c th applicable HU[7"regulations and this Notice. e. The state certifies that it will comply with t , uisition and relo requirements of the URA, as amended, and implementing regulations part 24, !Mx ere waivers or alternative requirements are provided for this grant. f. The state certifies that it will ly with sect'or3 e Ho` d Urban Development Act of 1968 (12 U.S.C. 1701 u) menting reg ` . ons at 24 part 135. g. The state certifies t followi , ` detailed citiz f, participation plan that satisfies the requirements of 24 C �.115 ( '` ept as provide • in notices providing waivers and alternative requirements for this g ,aq ch unit general local government that is receiving assistance fr Ike state ollo . I ed citizen participation plan that satisfies the requirem ' ,570 48 xcept as p ovided for in notices providing waivers and alternative requir . : ents for this t M„ goo �> h. T e "fie certifies that has conk ted with affected units of local government in counties designa covered mad ;disastt� declarations in the non -entitlement, entitlement, and tribal areas of the to in determin 1 the method of distribution of funding. i. The state certifieg;;�it is qo:ffiftlying with each of the following criteria: (1) Funds will -7. sed solely for necessary expenses related to disaster relief, long-term recovery, an restoration of infrastructure in areas covered by a declaration of major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of natural disasters that occurred and were declared in 2008. (2) With respect to activities expected to be assisted with CDBG disaster recovery funds, the Action Plan has been developed so as to give the maximum feasible priority to activities that will benefit low- and moderate -income families. 16 (3) The aggregate use of CDBG disaster recovery funds shall principally benefit low- and moderate -income families in a manner that ensures that at least 50 percent of the amount is expended for activities that benefit such persons during the designated period. (4) The State will not attempt to recover any capital costs of public improvements assisted with CDBG disaster recovery grant funds, by assessing any amount against properties owned and occupied by persons of low -and moderate -income, including any fee charged or assessment made as a condition of obtaining access to such pubic improvements, unless: (A) Disaster recovery grant funds are used to pay the assessment that relates to the capital costs of financed from revenue sources other than undeA (B) For purposes of assessing any amount persons of moderate income, the subgi sufficient CDBG funds (in any form) j. The state certifies that the grant will be conductedand' "' Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fa implementing regulations. k. The state certifies that it has and that it w e units of grant funds to certify that they have adopt �, nfor (1) A policy prohibiting the use of excess f;'rn jurisdiction against individuals en i of such fee or is improvements that are Deities o and occupied by es to the L that it lacks the requiremf clause (A). conformity witZ601-3619) e VI of the t (42 U.S.C. and government that receive lent agencies within its rights demonstrations; and (2) A policy of a cing a ble state an cal laws against physically barring entrance to or exit from or loca that is the su ct of such nonviolent civil rights demonstrations within its I ris I. The state c t at eac gra administering entity has the capacity to carry out disaster ,' ies in ely manner, or the State has a plan to increase the capacity of any s grant recip admi ing entity that lacks such capacity. m. T e ertifies that it of use G disaster recovery funds for any activity in an area delinea ' , a special floo' azard° rea in FEMA's most current flood advisory maps, unless it also ensures t _ " e action is igned or modified to minimize harm to or within the floodplain, in accordance a _ xecutive )vier 11988 and 24 CFR part 55. n. The state certifies jt# Ocomply with applicable laws. ned By: Date: Thomas G. Pelham, Secretary Florida Department of Community Affairs 17 APPENDIX B SUMMARY OF PUBLIC COMMENTS ON DRAFT ACTION PLAN CDBG DISASTER RECOVERY INITIATIVE Interested Party Summary of Comments on Draft Action Plan Lisa A. Blair, The plan identifies two and one-half percent (2.5%) admin, but seems to be silent on President/CEO project delivery. Does the Department intend to han a project delivery in the same Meridian Community way as it has in previous DR allocations? " zr Services Group, Inc. 850.877-1908 Tel Response: Will be handled during contract 07/29/2009 LaToya G. Ricketts, M.P.A. Made comment regarding mitigation pro s — doe . 'tigation project have to Disaster Recovery Initiative document that the storms addresse" . th action pla" ` ed the effects for which Specialist the project is being mitigated aga Housing and Community Redevelopment County Response: Funds must ad cJr s repair and recovery.n Palm Beach " Phone: (561) 233-3606 .. 07/24/2009 Jessica Parrish Made commen s regarding allowable t delivery costs, limitations on Housing Manager infrastructure a s, and income qua l ons. Community Services ." Will bring contraDepartment Response: ct p . St. Lucie County-" Office: 772-462-2375 07/28/2009 Janet Gilliard, Director unty has an u` et need dire' y related to the storms (damage to a main Community Development roa ould like met ", ology to be reconsidered and funds to be reallocated. General Services Would li a fourteen pe nt (14%) housing set -aside to be removed for counties Hardee County BoCC at didn stain any dams q'housing. 863-773-6349 Office will receive funding. 08/03/2009it Andy Easton" Que bout surve" s related to "urgent need." Andy Easto Associate espo ill be addressed during application process. Phone 445-7829 andyet -'msn.com tion ab cal government applying for funding as designated by county. 08/03/2009 & n onse. be addressed during application process. Qu" ion about addressing national objectives and the percentages of funds alla ,_ ted to each one. ponse: Has been addressed in Action Plan, further clarification will be addressed irr application. Question about public input. Response: Will be addressed in application. Don Lanham Question about fourteen percent (14%) affordable rental housing activity. Grants Program Coordinator Response: Will be addressed in application. Leon County (850) 606-1914 Question about specific project and the national objective that it pertains to. 08/05/2009 Response: Will be addressed in application. 18 APPENDIX C: FEMA PRELIMINARY DAMAGE ASSESSMENTS* HURICANE GUSTAV County Cat A Cat B Cat C Cat D Cat E Cat F Cat G Total Alachua Baker I $0.00 Bay $2,754,792.00 $15,000.00 $972,022.00 I $3,741,814.00 Bradford $0.00 Brevard $0.00 Broward I $0.00 Calhoun $0.00 �... Charlotte-%' 50.00 Clay I $0.00 Collier I $0.00 Colombia $0.00 DeSoto $0.00 Dixie 1 $0.00 Duval 1 $0.00 Escambia $20,DD0.00 $11,750,000.00 511,770,000.00 Flagler NNA61, $0.00 Franklin - $895,000,00 $5,000.00 $900,000.D0 Gadsen $0.00 Glades •, $0.00 Gulf -$3,894,231.00 $1,730,769.00 $5,625,000.00 Hamilton ..`; ... .,",- <�' $0.00 Hardee 1 $0.00 Hendry $0.00 Highlands $0.00 Hillsborough I $0.00 Indian River ti., I $0.00 Jefferson $0.00 Lake $0.00 Lee 1 50.00 Leon ' .. $0.00 Levy .. - •.. �xi±a` $0.00 Liberty ,... ,.. -; $0.00 Manatee I $0.00 Marion $0.00 Martin $0.00 Miami -Dade n $0.00 Monroe 1 $0.00 Nassau $0.00 Okaloosa $2,023,400.00 $2,023,400.00 Okeechobee `.. ;� , $0.00 Orange " ,,, I 50.00 Osceola s"" 4';+ $0.00 Palm Beact¢,_,. ' $0.00 Pasco $0.00 Pme $0.00 p , $0.00 Putnam , ;,•> $0.00 Santa Rosa $695,000.00 1 $695,000.00 Sarasota -'- I $0.00 Seminole^.'; • $0.00 St.John's $ $0.00 St. Lucie I $0.00 Sumter I $0.00 w Suannee $0.00 Taylor - - - $0.00 Union I $0.00 Volusia 41 " $0.00 Wakulla SO.00 State Agencies $ 367,468 $ 164,950 1 $532,418.00 Totals $0.00 $7,036,491.00 $1,059,950.00 $0.00 $15,000.D0 $0.00 $17,176,191.00 *FEMA public assistance damage assessment eligibility categories are the following. Cat A: Debris removal; Cat B: Emergency Protective measures; Cat C: Road systems and bridges; Cat D: Water control facilities; Cat E: Public buildings and contents; Cat F: Publi c utilities; Cat G: Parks, recreational, and other. 19 HURRICANE IKE County Cat A Cat B Cat C Cat D Cat E Cat F Cat G Total Alachua $0.00 Baker I $0.00 Bradford I $0.00 Brevard $0.00 Broward $0.00 Calhoun I $0.00 Charlotte $0<DO Clay $0.,DO Collier $1,098,517.00 1 $1,098,517.00 Colombia I SO.DO Desoto ..,a SO.DO Dixie ,"Y $0.00 Duval •. :.. $0.00 Escambia $20,000.00 $20,D00.00,.;" $9,396,000.00 I $9,436,000.130 Flagler fig:<- C.....:,..°M^ $0.00 Gadsen ;.;5- ",Ilk, $om Glades k" � 1,4 $0.00 Gulf $576,923.00 „�" •` :,„ %-,51;2,98,077.00 1 S1,875,000.00 Hamilton As. 50.00 Hardee ,r,fa° VX11N$O.DO Hendry a ,0,0 $0.00 Highlands ,' r $0.00 Hillsborough •' , f.,p.. ,u" $0.00 Indian River<' i,., $0.00 Jefferson I $0.00 Lake `"-_..,.:.... 1 $0.00 Lee ,i'' ,,.. , $0.DO Leon SO.DO Levy $0.00 Liberty $0.00 Manatee _. $0.00 Marion, 'a <g $0.00 Martin �:.. ` I SO.00 Miami -Dade g. _„ '-QNW SO.DO Monroe - $1,137,750.00 $995,394.56 $145,000.00 5232,850.00. $100,000.00 $1,436,491.00 $4,047,475.56 Nassau - $0.DO Okeechobee r€; I 50.00 Orange ��°�'�..: �°°""° •A� t - `�. SO.DO Osceola " <'v;"?. $0.00 Palm Beach 0.DO Pasco $0.00 Pinellas ':=z SO.DO Polka. $U.00 Putnama5z,., roy"'8A $0.00 Santa Rog $1,045,000.00 I $1,045,000.00 Sara $10,000.00 $40,000.00 430©OO $7,009,649.00 $7,062,649.00 St.John's SO.DO St. Lucie x,�.. `• '.;+: I $D.00 Sumter .., '� $0.00 Suwannee VA - �..," $0.DO Taylor " w 1 $0.00 Union Nft, %� $0.00 Volusia $0.60 South Florida WMD ( 50.00 Southwest Florida WMD $0.00 Northwest Florida WMD $0.00 St. John's River WMD $0.00 Suwanee River WMD 1 SO.DO State Agencies $ 96,523 $ 1,635,510 $ 32,640 $1,764,673.00 otals $1,264,273.00 $3,267,817.56 1 $180,640.00 $0.00 $232,850.00 $100,000.00 01,283,714.OU TEMA public assistance damage assessment eligibility categories are the following. Cat A: Debris removal; Cat B: Emergency Protective measures; Cat C: Road systems and bridges; Cat D: Water control facilities; Cat E: Public buildings and contents; Cat F: Publi c utilities; Cat G: Parks, recreational, and other. 20 TROPICAL STORM FAY County Cat A Cat B Cat C Cat D Cat E Cat F Cat G I Total Alachua $198,000.00 $403,221.00 $93,000.00 $60,000.00 $653,000.00 $20,500,00 $1,427,721.00 Baker $100,000.00 $287,384.00 $800,171.00 1 $1,187,555.DD Bradford $58,500.00 $112,239.DO $436,077.00 $14,500.00 $28,500.00 I $649,816.00 Brevard $324,200.00 $2,351,623.00 $2,787,496.00 0 $349,OD0.00 $57,000.00 $13,773,921.00 $19,643,240.00 Broward $588,287.00 $45,000.00 $1,660,028.00 $2,293,315.00 Calhoun $1,501,454.00 I $1,501,450 Charlotte $160,982.85 I $160,982.85 Clay $83,177.00 $235,632.00 $26,000.00 $21,900.00 $194,256.00 $42,550.00 $603,515.OD Collier $872,740.00 $1,541,937.00= $450,620.00 $1,664,995.00 $772,423.00 $23,493,761.00 $28,796,476.00 Colombia $60,222.00 I $60,222.001 DeSoto $20,000.00 $20,000.01 Dixie $22,031.00 $156,262.00 $2,436.00 $207,000.00 $387,729.00 Duval $3,413,769.00 $1,116,727.00 $529,472.00 $581,805.00 $6,621,029.00 $568,700.00 $12,831,502.00 Flagler $2,611,875.00 I $2,611,875.00 Gadsen -$99,486.00 $626,241.00 $725,727.00 Glades $87,0D0.00 $154,881.00 $40,D00.00 $27,000.00 $280,000.00 $14,000,00 $602,881.00 Gulf' _ $13,062.00 $96,831.00 $109,893.00 Hamilton $37,012.00 $22,663.00 $159,000.00 966 $8,000.DO I $227,641.00 Hardee $500,OD0.DO $1,400,000.00 $1,900,000.00 Hendry $30,000.00 $294,500.00 $148,000.00 30000 $101,284.00 $213,786.00 $817,570.00 Highlands-- $3,168.00 $244,536.00 $206,500.00 $26,500.00 $141,077.00 $621,781.00 Hillsborough VE� t I $0.00 Indian River $0.00 1 $0.00 Jefferson $21,900.00 $34,646.00 S144,685.00 $30,208.00 1 $360,000.00 $591,439. Lake $50,188.00 $308,931.00 5240,000.DO $12,500.00 $200,000.00 $60,0D0.00 1 $871,619.00 Lee I $0.6-0 Leon $977,075.00 $3,566,529.00 $1,197,ODO.00 15223777 $34,000.00 $9,400,D00.00 $144,800.00 $30,543,181.00 Levy $0.00 Liberty $13,480.00 $12,931.00 $200,400.00 $200,000.00 I $426,811.00 Manatee $456,767.00 I $456,767.00 Marion $485,850.00 $102,484.00 $658,934.00 143347 $175,506.00 S1,294.OD $1,567,415.00 Martin $16,000,00 $96,379.00 $40,000.00 $66,150.00 $7,OD0.00 $1,808,807.00 $2,034,336.00 Miami -Dade 4w $1,5151aft V6.I $1,515,178.00 Monroe $337,726.00 $830,959.00 $1,091,150.00' $293,270.00 $27,000.00 $840,650.00 $3,420,755.D0 Nassau - $243,700.00 $148,622.00 $1,854,500.00 $15,500.00 $10,330.00 $75,000.00 $2,347,652.00 Okeechobee $875,000.D0 $510,500.00 $1,540.00 $25,000.00 $1,412,D40.00 $0.00 Osceola $11,750.00 $224,000.00' $439,800.00 51495 i $727,D45.00 Palm Beach; $1,250.00 « $787,187.00 $63,500.00 2002000 $1,432,749.00 $0.00 $15,317,050.00 $19,603,736.00 Pasco $201,8 $201,810.00 Pine[[ I $0.00 POIk 7777 $0. Putnam $4,500.00 $132,700.00 $3,060,000.00 $401,000.00 13,598,200.00 Sarasota $0.00 Seminole $225,000.00 $540,826.00 $239,000.00 $292,458.00 I $1,297,284.00 St.John's- $157,000.DO $1,634,684.00 $50,000.00 $30,000.00 $25,000:00 $2,005,000.00 $3,901,684.00 St. Lucie $1,127,250.00 $1,080,430.00 $3,625,000.00 3790000 $2,927,000.00 $150,000.00 $11,479,948.00 $24,179,628.00 Sumter I $0.00 Suwannee $50,D00.00 $49,000.00 $270,000.00 $45,000.00 I $414,000.00 Taylor $16,679.00 $146,444.00 $3,200.00 $166,323.00 Union $2,600.00 $16,983.00 $146,654.DO $166,237.00 Volusia $607,DDO.00 $4,207,000.00 7,435,000.00 $262,000.00 $7,000.00 $3,000.00 1 $12,521,000.00 Wakutia $8,400.00 ,000.Do ,038, .00 3,121.00 203, D0 I ,3 8,00 .60 State Agencies $ 2,484,615 $ 19,831,104 $ 3,462,337 $ 2,100 $502,808.00 $0.00 $54,309.00 1 $26,337,273.00 Totals $12,907,850.00 $44,590,742.85 $34,861,548.00 $21,243,685.00 $9,004,769.00 $19,867,816.00 1 $74,383,899.D0 "FEMA public assistance damage assessment eligibility categories are the following. Cat A: Debris removal; Cat B: Emergency Protective measures; Cat C: Road systems and bridges; Cat D: Water control facilities; Cat E: Public buildings and contents; Cat F: Publi c utilities; Cat G: Parks, recreational, and other. 21