County Allocations and Project Funding  

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    DEPARTMENT OF COMMUNITY AFFAIRS
    Division of Emergency Management

    Notice of Funding Availability FEMA-1831-DR-FL and FEMA-1840-DR-FL

    RULE NO: RULE TITLE
    9G-22.006: County Allocations and Project Funding

    Program Summary

    The Florida Division of Emergency Management is pleased to announce the availability of Hazard Mitigation Grant Program (HMGP) funds as a result of the recent Presidential Disaster Declarations (FEMA-1831-DR-FL and FEMA-1840-DR-FL). HMGP is authorized by Section 404 of the Robert T. Stafford Disaster Relief Act and is offered to assist communities in implementing mitigation measures designed to reduce or eliminate long-term risk to people and property from natural hazards and their effects. The Division is soliciting applications and encourages all eligible applicants to identify and submit applications that address eligible mitigation activities. The amount of funding available to the state is based on 20% of the total federal disaster assistance for these events. The application period will close January 15, 2010. Therefore, all applications must be postmarked by January 15, 2010. The Division encourages and welcomes the submittal of complete applications at anytime during this cycle. You are entitled to submit applications under both disaster declarations. Please Note: Each funding disaster is separate. If you are submitting to both FEMA-1831-DR-FL and FEMA-1840-DR-FL, four (4) completed applications must be received per each disaster.

    APPLICATION TIMELINE: Applications are currently being accepted. The deadline for the submission of applications is January 15, 2010 (postmarked). Applications will only be accepted from eligible applicants as defined in the Minimum Program Eligibility section of this notice. Please provide four completed copies of the State of Florida Joint Hazard Mitigation Grant Program and Flood Mitigation Assistance Application and all appropriate attachments. The Joint application and all other pertinent forms may be obtained at the Divisions website located at http://www.floridadisaster.org/Mitigation/Hazard/forms.htm.

    Alternatively, you may contact the Division directly at (850)922-4182. In order to be considered, completed applications must be sent to the following address:

    ATTN:Kathleen Marshall, Hazard Mitigation Grant Program

    Florida Division of Emergency Management

    Mitigation Section

    2555 Shumard Oak Boulevard

    Tallahassee, Florida 32399-2100

    MINIMUM PROGRAM ELIGIBILITY

    Eligible Applicants: According to the C.F.R. 44 § 206.434(a) applicants eligible to apply for Hazard Mitigation Grant Program funds include: State and local governments who have an approved Local Mitigation Plan (LMS) in accordance with 44 CFR 201.6, prior to receipt of HMGP subgrant funding for projects; private non-profit organizations or institutions that own or operate a private non-profit facility as defined in § 206.221(e); and a qualified conservation organization as defined at 44 CFR § 80.3(h); Indian tribes or authorized tribal organizations.

    Eligible Activities: Activities include mitigation projects that will result in protection of public or private property from natural hazards. Activities for which implementation has already been initiated or completed, are not eligible for funding. Eligible projects include, but are not limited to the following:

    a. Acquisition or relocation of hazard prone structures;

    b. Retrofitting of existing buildings and facilities that will result in increased protection from hazards;

    c. Elevation of flood prone structures;

    d. Infrastructure protection measures;

    e. Stormwater management improvements;

    f. Minor structure flood control projects; and

    g. Retrofitting of existing buildings and facilities for shelters.

    See Attachment C for FEMA Memorandum – Clarification of requirements for HMGP wind retrofit projects.

    The state will not consider funding requests for:

                  Generators-unless they are an integral part of a larger eligible project (see Attachment A).

                  Construction of new facilities – however, the cost associated with above code upgrades can be considered.

                  Equipment such as emergency pumps, vehicles and communication devices.

                  Tree removal.

                  Projects already in progress. (Construction may not begin until the project has met requirements of the National Environmental Policy Act. In addition the contract between the State and subgrantee must be executed.)

    Eligibility Criteria: All projects submitted must meet the following minimum criteria to be considered for funding:

                  Conform to the Florida Hazard Mitigation Plan and the respective community’s Local Mitigation Strategy (LMS);

                  Conform to the funding priorities for the disaster as established in the respective community’s LMS governing the project;

                  Demonstrate cost-effectiveness;

                  Is technically feasible;

                  Provide a beneficial impact upon the designated disaster area;

                  Conform to all applicable environmental laws and regulations and Executive Orders;

                  Solve a problem independently or constitutes a functional part of a solution;

                  Is in an National Flood Insurance Program (NFIP) participating community that is not on probation or have been suspended from the NFIP; and

                  Meet all applicable State and local codes and standards.

    COST-SHARE REQUIREMENTS

    Under the HMGP, FEMA will contribute up to 75 percent (75%) of the total amount approved under the grant award to implement eligible cost-effective mitigation measures. The applicant must provide the remaining 25 percent (25%) non-federal share. All contributions, cash or in-kind services, are acceptable as part of the non-federal share. Requirements for in-kind contributions can be found in 44 CFR §13.24. In-kind contributions must be directly related to the eligible project cost. In-kind resources are those personnel, materials, equipment and supplies owned, controlled and operated by the applicant or a third party contributor.

    Applicants will also be able to use the Global Match concept as part of the 25% non-federal share match. Which means if the Match project is approved you will be eligible to receive up to 100% federal share. Global Match is when non-federal contributions are derived from one single non-federally funded project or several non-federally funded projects that are “pooled” together to match one or more federally funded projects to attain the required 25% or greater program share for a HMGP grant. In other words, Global Match permits a potential applicant to meet the non-federal share match by receiving credit for state and/or local government funds that were committed to similar type project(s). These similar non-federally funded projects must meet all of the eligibility requirements as specified by the federal funding source for which it is matching.

    PRE-AWARD COSTS

    Prior to receiving a grant award, Pre-award costs may be requested. Pre-award costs include items such as engineering, environmental study, permitting and other “soft” costs associated with a construction project. Construction activities are not considered pre-award costs. Pre-award costs must be requested in writing. Guidelines for pre-award costs are included, see Attachment B.

    COUNTY FUND ALLOCATION

    To ensure funds are distributed equitably, designated counties have been assigned a portion of the total HMGP grant. The amount is based on a calculation of the proportional share of the total federal assistance under the Public Assistance (PA), Individual Assistance (IA) and Small Business Administration (SBA) programs as of February 2009. Commitment of project funds by the Division is contingent upon receipt of appropriate Legislative Budget Authority.

    These figures are shown in Attachment D and represent the estimated amount of HMGP funds currently available. HMGP funding is available only to those counties that have a FEMA approved Disaster Mitigation Act of 2000 compliant Local Mitigation Strategy (LMS). Project applications will be considered only if:

    (1) The application is accompanied by an endorsement by the LMS Chairperson or Vice-Chairperson stating that the project is included in the current LMS; and

    (2) If more than one project is submitted, the endorsement indicates the prioritization. A sample project submission letter is shown in Attachment E.

    DEM will attempt to fund each submitted project in priority order until the county’s allocation has been exhausted. In accordance with Rule 9G-22.006, F.S., the Division uses the following tiered allocation system up until the State application deadline with FEMA:

                  Tier 1 The available HMGP funds are allocated to counties included in the relevant presidential disaster declaration in proportion to each county’s share of federal disaster funding from the Public Assistance (PA), Individual Assistance (IA) and Small Business Administration (SBA) Disaster Loan Program as of the date of receipt of the FEMA funding notice described above. Eligible projects submitted by each county included in the relevant presidential disaster declaration will be funded in order of priority as outlined in the LMS until the allocated funds (through the 12-Month Lock-in) are exhausted or all eligible projects are funded.

                  Tier 2 Any allocation remaining after all eligible projects in any declared county are funded, shall be re-allocated to those counties included in the relevant presidential disaster declaration whose allocation was not sufficient to fund all submitted eligible projects. The order of priority for re-allocating funds is detailed in Attachment E.

                  Tier 3 In the event funds remain after the Tier 1 and Tier 2 process, any remaining funds will be offered on a statewide basis as described in Attachment E.

    Please see Attachment E for a detailed explanation of funding tiers.

    FUNDING AVAILABILITY AND NOTIFICATION

    FEMA notifies the State of HMGP funding availability at several milestones:

    1. Initial Estimate

    This represents an early estimate only, is not an actual commitment of funding by FEMA. It may increase or decrease based on actual disaster claims during the declaration period. These estimates are provided for planning purposes and to jump-start the HMGP application process.

    2. 180 Days from the Date of Declaration

    This represents the State’s Lock-in Amount. It is the minimum the State can expect to receive from FEMA. County allocations listed in Attachment D are based on this estimate. After this disclosure, HMGP funds to the State cannot be decreased.

    It is important for potential applicants to recognize that HMGP funds are contingent upon FEMA’s reexamination of the disaster figures at the given time intervals. A county’s funding allocation can increase or decrease after it has submitted an application.

    TECHNICAL ASSISTANCE

    The Division of Emergency Management (DEM) is in the process of scheduling HMGP application development workshops. Please check the DEM website for date, time, location and a short overview of the workshops which will be posted on the DEM website http://www.floridadisaster.org/Mitigation/Hazard as they are scheduled. DEM will provide technical assistance throughout the application process; this includes assistance with the application process, Benefit Cost Analysis, Engineering Feasibility and Environmental/ Historical Preservation Compliance. If there are any questions regarding the allocation of funds or the project review and selection criteria, please call Bureau staff at one of the following numbers:

    (850)922-5944 (Program Eligibility)

    (850)922-5332 (Program Eligibility)

    (850)487-2053 (Environmental)

    (850)922-5010 (Engineering and Technical Feasibility)

    To assist you in submitting qualified project applications, the following attachments are located on the DEM website http://www.floridadisaster.org/Mitigation/Hazard including the Joint Hazard Mitigation Grant Program & Flood Mitigation Assistance Application:

    Attachment A:              HMGP Policy on Generators and related Equipment

    Attachment B:              HMGP Program Policy on Pre-award Cost and Form

    Attachment C:              FEMA Memorandum – Clarification of Requirements for HMGP Wind Retrofit Projects

    Attachment D:              Initial Estimate of Available HMGP Funding

    Attachment E:              Sample Project Submission Letter and Explanation of Tier Funding