HomeMy WebLinkAboutPR 22663: AUTHORIZING THE GRANT APPLICATION FOR THE 2019 HUD (CDBG-DR) DISASTERS INFRASTRUCTURE COMPETITION City of ort rtltu�r Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 6, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Work SI RE: P.R.No. 22663 —Authorizing the Grant Application for the 2019 - D (CDBG-DR) Disasters Infrastructure Competition and the City's Contribution of 1% of the CDBG-DR Funds Requested (a Maximum of$10,000 per Application) Introduction: It is recommended that the City Council adopt Proposed Resolution No.22663,which authorizes the City Manager to submit a grant application to the General Land Office for the 2019 HUD (CDBG-DR) Disasters Infrastructure Competition and allocates City funds equivalent to 1% of CDBG-DR funds requested. Background: Because of its history of disasters and its propensity to experience disasters, the City is eligible to apply for disaster recovery funding through the 2019 Disasters Infrastructure Competition. The competition, funded by the U. S. Department of Housing and Urban Development (HUD) and administered by the Texas General Land Office(GLO),will offer disaster recovery funding for projects with estimated costs between $250,000.00 and $1 million. Eligible applicants include cities and counties in Jefferson County, Orange County, Chambers County, Harris County, Hidalgo County, Liberty County, Montgomery County, San Jacinto County, Cameron County, and Willacy County. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Five criteria will determine each application's scoring—the applicant's total damage per capita, the project's ability to meet the low and moderate income (LMI) HUD National Objective, the cost per person benefit, the applicant's county Social Vulnerability Index (SoVI) score, and the applicant's ability to leverage funds from other sources including the applicant's funds. To maximize the points received, staff recommends allocating City funds equivalent to 1% of the Community Development Block Grant—Disaster Recovery(CDBG-DR) funds requested. Budget Impact: There is no budgetary impact to apply for the funding. Recommendation: It is recommended that the City Council approve P.R. 22663 authorizing the City Manager to submit a grant application to the General Land Office for the 2019 HUD(CDBG-DR)Disasters Infrastructure Competition and allocates City funds equivalent to 1% of CDBG-DR funds requested. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.No.22663 07/06/2022 FCR Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR GRANT FUNDING THROUGH THE 2019 HUD (CDBG-DR) DISASTERS INFRASTRUCTURE COMPETITION AND THE CITY'S CONTRIBUTION OF 1% OF THE CDBG-DR FUNDS REQUESTED (A MAXIMUM OF $10,000.00 PER APPLICATION).THERE IS NO BUDGETARY IMPACT TO APPLY FOR FUNDING. WHEREAS,the City of Port Arthur has endured extensive damages from disasters such as floods,extreme weather events,biological threats,industrial operations,hurricanes,and other perils resulting in threats to public health and safety, the loss of property, and economic hardship; and, WHEREAS, the City is eligible to apply for funding through open funding opportunities through the 2019 U.S. Housing and Urban Development (HUD) Infrastructure Competition (see Exhibits A and B). Each applicant may submit a maximum of two (2) applications; and, WHEREAS, the grant applications' proposed projects can address several of the City's immediate needs including,but not limited to,the replacement of brick manholes and inlets and the widening of the emergency access route along 9th Avenue; and, WHEREAS,each application must have a total proposed project cost between$250,000 and $1 million; and, WHEREAS,five criteria will determine each application's scoring,including the applicant's ability to leverage funds from other sources including the applicant's funds.To maximize the points received, City funds equivalent to 1% of the Community Development Block Grant — Disaster Recovery (CDBG-DR) funds requested (a maximum of $10,000.00 per application) will be allocated; and, P.R.No.22663 07/06/2022 FCR Page 2 of 3 WHEREAS, the applications for the 2019 HUD infrastructure competition are due by August 1, 2022; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby authorizes and directs the City Manager to apply for two (2) projects under the 2019 HUD Disasters Infrastructure Competition; and, THAT, the City of Port Arthur commits to leverage City funds equivalent to 1% of the project application amount to offset project costs. The not-to-exceed allocation is $10,000.00 per application from the City's local funds; and, THAT, the City Council of the City of Port Arthur will further consider approval of any financial obligations associated with the acceptance of any grant funding for any related mitigation project application; and, THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ,ADOPTED,AND APPROVED,this day of ,2022 AD, at a regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote:AYES:Mayor: Councilmembers: NOES: . P. R.No.22663 07/06/2022 FCR Page 3 of 3 Thurman"Bill"Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: m� ro 0 ) Valecia R. Tizeno, Esq., City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager ozelle C. oberts, EIT ng, MBA, Director of Public Works t Clifton E. Williams, Jr., CPPB, Purchasing Manager Kandy K. Darin, Interim Director of Finance P. R. 22663 Exhibit A -OME > DISASTERS i 20'8 FLOODS i 20,4 DISASTERS ? PUOC:RA010 2019 Infrastructure Competition In This Section CD®®®®® OOO Infrastructure Competition ($61.43 million) The Infrastructure Competition will provide disaster relief,long-term recovery,and restoration of infrastructure for local communities.Each applicant may submit a total of two(2)applications,whether applying as the lone applicant or jointly with another jurisdiction(s).Each application must have a total proposed cost between$250,000 to$1 million.All activities must contribute to the long-term recovery and restoration of housing.The GLO recognizes that as part of a comprehensive long- term recovery program,the repair and enhancements of local infrastructure are crucial components.Infrastructure activities are vital not only for the long-term recovery and restoration of housing but for the long-term recovery and viability of communities. Applications are due at 5:00 pm on August 1,2022. All applications must be completed through the GLO TIGR online portal. Eligible applicants include cities and counties in the following areas: >Willacy County >Cameron County >Chambers County > Harris County >Hidalgo County >Jefferson County >Liberty County >Montgomery County >Orange County >San Jacinto County ti 2019 Disasters HUD Eligible Counties Map !I 2019 Disasters Scoring Competition Criteria IS Infrastructure Competition Frequently Asked Questions(FAO) Examples of projects include: > Flood control and drainage repair and improvements,including the construction or rehabilitation of storm waver management system. > Restoration of infrastructure >Public facilities >Buyouts or Acquisition with or without relocation assistance,down payment assistance,housing incentives,and demolition >Activities designed to relocate families outside of floodplains > Demolition,rehabilitation of publicly or privately owned commercial or industrial buildings,and code enforcement >Economic development >Public service >Planning Infrastructure Competition Webinars April 26:General Application Overview and Storm Tie-back >Webinar Presentation IN General Application Overview and Tie-back >Webinar Video vn fittps&youtu.be/vEU99SaqHPs May 3:Identifying Project Service Area&Documenting Beneficiaries >Webinar Presentation b Identifying Project Service Area&Documenting Beneficiaries >Webinar Video tQ jittpsJ/youtu.be/Z4VmBJdx0 g May 10:Developing the Budget >Webinar Presentation b Developing the Budget >Webinar Video vn httpsdlyoutu.be/3fKEItMmwjs TIGR Access >TIGR login page: Un h tps://cdrportalpr ynamics365portals.us/ > N TIGR System Access Forms Instructions for Subrecipients or Vendors > TIGR System Access Form > b TIGR System Access Form for Subrecipient's Vendors Submit TIGR questions and completed forms via email to:TIGRhelp@recovery.texas.gov Application Material Resources > b Application Guide > b Federal SF-424 Form > b Federal SF-424 Form Instructions > d Budget Justification of Retail Costs > 15 Local Certification Form > b Supplemental Data(SoVI and TDEM Damage Totals) > b Project Beneficiaries Calculator(Multiple Jurisdictions) > b Project Delivery and Engineering Caps > b 2021 LMISD Data > b Survey Methodology Manual > b FY 2021 Non-entitlement Upper Quartile Counties > b FY 2021 Entitlement Upper Quartile Communities > b FY 2022 Survey_Questionnaire-80%(English) > b FY 2022 Survey_Questionnaire-80%(Spanish) >FY 2022 Survey Questionnaire-Standard(English)(Pending HUD release April 2022) > FY 2022 Survey Questionnaire-Standard(Spanish)(Pending HUD release April 2022) > ti Survey Tabulation Form > b Random Number Generator > d Race and Ethnicity/Gender Calculator > &Procurement Guidance For technical assistance email:cdr@recovery.texas,go Scoring Factors* What is the Applicant's total damage per capita? Up to 25 Points Does the project meet the low and moderate income(LMI)HUD National Objective? Flat 30 Points What is the cost per person benefiting? Up to 20 Points What is the Applicant's county Social Vulnerability Index(SoVI)score? Up to 15 Points Is the applicant leveraging funds from other source(s)? Flat 10 Points *Depending on demand,no applicant will be awarded for their second application until all successful eligible applicants have been awarded funding at least once. STATE OF TEXAS HUD EXCHANGE COMPACT WITH TEXANS SB 20 EXPENDITURES STATEWIDE SEARCH APPEAL&COMPLAINT POLICIES REPORT FRAUD/WASTE/ABUSE TEXAS VETERANS PORTAL Copyright©I The Texas General Land Office 1700 N.Congress Ave.Austin,TX 7 87 01-1 495 I PO Box 12873 Austin,TX 78711-2873 1.800.998.4GLO(4456)1512.463.5001 P. R.22663 Exhibit B 2019 Disasters CDBG-DR Action Plan : Supplemental Material 2019 Disasters Infrastructure Competition Applicant Eligibility and Scoring Criteria TXGLO TXGLO Table of Contents A) Eligible Applicants 1 B) Eligible Applicant Areas 2 C) Award Amounts 2 D) 2019 Disasters Infrastructure Competition Scoring Criteria 3 1) Total Damage Per Capita 4 2) LMI National Objective 6 3) Cost Per Person Benefiting 7 4) Social Vulnerability Index 8 5) Leverage 10 6) Tie-breaker: Higher Poverty Rate 11 E) 2019 Disasters Infrastructure Competition Eligible Activities 13 F) 2019 Disasters Infrastructure Competition Ineligible Activities 14 G) Application Selection Process Example 16 411,111 TXGLO A) Eligible Applicants 2019 Disasters Infrastructure Competition Eligible Applicants Cities Counties Entities may coordinate activities and submit a joint project that crosses jurisdictional boundaries. Each Applicant may submit a total of two applications, whether applying as the lone Applicant or jointly with another eligible jurisdiction(s). 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 1 of 16 B) Eligible Applicant Areas 2019 Disasters Infrastructure Competition 2019 Lower Rio Grande Valley Floods (DR-4454) HUD MID Counties State MID Counties Cameron W i l l acy Hidalgo Tropical Storm Imelda (DR-4466 HUD MID Counties State MID Counties Chambers San Jacinto Harris Jefferson Liberty Montgomery Orange C) Award Amounts 2019 Disasters Infrastructure Competition Maximum Award Minimum Award $1,000,000 $250,000 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 2 of 16 I TXGLO D) 2019 Disasters Infrastructure Competition Scoring Criteria Question Criteria Maximum Points Self-Score Damage Per Capita 25 Points Possible Greater than$500.00 25 Points $500.00-$100.01 20 Points What is the Applicant's total damage per capita? $100.00 $50.01 15 Points $50.00-$25.01 10 Points $25.00-$0.01 5 Points Less than$0.01 0 Points LMI National Objective 30 Points Possible Does the project meet the low and moderate income Project meets LMI national objective 30 Points (LMI)HUD National Objective? Project does not meet LMI national 0 Points objective Cost Per Person Benefiting 20 Points Possible Less than$100.01 20 Points $100.01 -$500.00 16 Points What is the cost per person benefiting? $500.01 -$1,500.00 12 Points $1,500.01 -$5,000.00 8 Points $5,000.01-$10,000.00 4 Points Greater than$10,000.00 0 Points Social Vulnerability Index 15 Points Possible High 15 Points What is the Applicant's Medium High 11 Points county Social Medium 7 Points Vulnerability Index (SoVI)score? Medium Low 3 Points Low 0 Points Prorated So VI Rank Calculated Points Leverage 10 Points Possible Is the applicant leveraging funds from Non-CDBG leverage(a minimum value of other source(s)? 1%of the CDBG-DR funds requested) 10 Points Total Possible Points 100 Possible Points Tie Breaker: Higher Poverty Rate 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 3 of 16 1) Total Damage Per Capita Data Source: Local official infrastructure damage report estimates submitted to the Texas Division of Emergency Management (TDEM) as of November 17, 2020, and most recently available low- and moderate-income summary data(LMISD) for total population totals. Maximum Points: 25 Points Rank 6 >$500.00 25 Points Rank 5 $500.00-$100.01 20 Points Rank 4 $100.00 -$50.01 15 Points Rank 3 $50.00- $25.01 10 Points Rank 2 $25.00 - $0.01 5 Points Rank 1 Less than$0.01 0 Points Methodology: The total damage per capita is determined by dividing the jurisdiction's local official infrastructure damage report cost estimates submitted to TDEM, resulting from DR-4454 (2019 Lower Rio Grande Valley Floods) or DR-4466 (Tropical Storm Imelda), by the jurisdiction's total population as defined in the LMISD. For a multi jurisdiction application, the jurisdictions populations will be combined, unless the jurisdictions are a county and a city located within the county, then the county population will be used. If an eligible county is applying on behalf of another entity (non-city) within the county, and that entity is listed on the local official infrastructure damage report estimates submitted to the TDEM, the county amount and the entity amount will be combined. For example, County A applies on behalf of County A Drainage District, County A and County A Drainage District damage report estimates will be combined. Example 1: City A had a local official infrastructure damage report estimate of$3,500,000. The total population of City A is 10,500. 1) $3,500,000 (City A local official infrastructure damage estimate)/ 10,500(City A total population)=$333.33 (City A Damage per capita) 2) $333.33 (Total Damage Per Capita)= Rank 5,20 Points Example 2: County A is submitting a project on behalf of Drainage District A. County A had a local official infrastructure damage report estimate of$14,000,000 and Drainage District A had a local official infrastructure damage report estimate of$670,000. County A has a total population of 400,000. 1) $14,000,000 (County local official infrastructure damage estimate) + $670,000 (Drainage District A local official infrastructure damage estimate) = $14,670,000 (Combined local official infrastructure damage estimate) 2) 400,000 (County A total population) = 400,000 (Total population) 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 4 of 16 I 11100 TXGLO 3) $14,670,000 (County A and Drainage District A local official infrastructure damage estimate) / 400,000 (County A total population) = $36.68 (County A and Drainage District A Damage Per Capita) 4) $36.68 (Total Damage Per Capita)= Rank 3, 10 Points Example 3:County A and City B are submitting a joint project and are in the same County(County A). County A had a local official infrastructure damage report estimate of$7,500,000 and has a total population of 870,000. City B had a local official infrastructure damage report estimate of $435,000 and has a total population of 17,000. However, since City B is within County A, the population will not be combined and only the population for County A will be used. 1) $7,500,000 (County A local official infrastructure damage estimate) + $435,000 (City B local official infrastructure damage estimate)=$7,935,000(Combined local official infrastructure damage estimate) 2) 870,000 (County A total population)=870,000 (Total population) 3) $7,935,000 (County A and City B local official infrastructure damage estimate) / 870,000 (County A and City B total population) = $9.12 (County A and City B damage per capita) 4) $9.12 (Total Damage Per Capita)=Rank 2, 5 Points 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 5 of 16 I 0110 TXGLO 2) LMI National Objective Data Source: National Objectives Information section of the TIGR application and supporting documentation. Maximum Points: 30 Points Project meets LMI National Objective 30 Points Project does not meet LMI National Objective 0 Points Methodology: The activity will be reviewed to identify if the proposed project meets the low and moderate income (LMI) HUD National Objective. Project beneficiary information will be reviewed to determine this HUD National Objective. This will be verified during the application review process according to the guidance in the application guide. Failure to accurately transcribe complete and accurate LMI beneficiary data into the National Objective Information section of the TIGR application will negate potential points for this criterion. 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 6 of 16 TXGIO 3) Cost Per Person Benefiting Data Source: CDBG-DR project requested amount as indicated on the submitted SF-424 and total project beneficiaries as indicated in the National Objective section of the TIGR application. Maximum Points: 20 Points Rank 6 < $100.01 20 Points Rank 5 $100.01 —$500.00 16 Points Rank 4 $500.01 —$1,500.00 12 Points Rank 3 $1,500.01 —$5,000.00 8 Points Rank 2 $5,000.01 —$10,000.00 4 Points Rank 1 > $10,000.01 0 Points Methodology: The cost per person ratio is determined by dividing the CDBG-DR project application amount by the number of total project beneficiaries. Example 1: City A has submitted a project application amount of $300,000. The total project beneficiaries are 1,850. 1) $300,000 (project application amount) / 1,850 (total project beneficiaries) = $162.16 per person benefiting (Rank 5, 16 Points) Example 2: County A and City B are submitting a joint project. The project application amount of the joint project is $850,000. The total project beneficiaries are 92,500. 1) $850,000(project application amount)/92,500(total project beneficiaries)=$9.19 per person benefiting (Rank 6, 20 Points) 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 7 of 16 4) Social Vulnerability Index Data Source: Social Vulnerability Index (SoVI) Score (County Level Data). For multi-county projects,project beneficiaries by county must be submitted by the applicant.Applicants can submit this data using the Supplemental Multiple County Scoring Form. Maximum Points: 15 Points Rank 5 High 15 Points Rank 4 Medium High 11 Points Rank 3 Medium 7 Points Rank 2 Medium Low 3 Points Rank 1 Low 0 Points Multi-County Project Prorated SoVI rank Calculated Points A county that is placed in the "High" ranking of the Social Vulnerability Index indicates that this location is among the most socially vulnerable in the state. Methodology: Method 1: • If the proposed project service area is wholly within one (1) county (either in the unincorporated areas or both the unincorporated areas and incorporated areas), then the county SoVI rank will be used. Method 2: • If the proposed project service area is in multiple counties (either in the unincorporated areas or both the unincorporated areas and incorporated areas), then the overall project SoVI rank will be calculated as a multi-county prorated SoVI rank based on project beneficiaries across the multiple-county area. Steps for Method 2: 1. Identify which counties the project beneficiaries are located in. 2. Identify the SoVI rank for each county. 3. Identify the total project beneficiaries. 4. Identify the number of beneficiaries located in each county. 5. Multiply each county's SoVI rank by the county project beneficiaries. 6. Sum the products of each county's SoVI rank by county project beneficiaries. 7. Divide the sum of the products of each county's SoVI rank by county project beneficiaries by the total project beneficiaries. 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 8 of 16 TXGLO 8. The quotient is the calculated score rounded to the nearest hundredth place. Method 1. Example 1: (Individual or Joint Applicant, One Eligible County): City A is submitting a project that will have project beneficiaries only in City A. City A is located within County B.The County B SoVI rank will be used. County B has a "High" SoVI score (Rank 5, 15 Points). The applicable SoVI score will be calculated as seen below: 1) High=Rank 5 2) Rank 5= 15 Points Method 2. Example 2: (Individual or Joint Applicant,Multiple Eligible Counties): County A and County B are submitting a project that will have project beneficiaries in a total of two eligible counties in both the incorporated and unincorporated areas of County A and County B. SoVI Points Project Rank Beneficiaries Count A Medium 7 4,000 County B MHdlh 11 6,000 Total Pro'ect Beneficiaries 10,000 1) 7 (County A Rank Points)X 4,000(County A Project Beneficiaries)=28,000 2) 11 (County B Rank Points)X 6,000 (County B Project Beneficiaries)=66,000 3) 28,000+66,000=94,000 4) 4,000(County A Project Beneficiaries)+6,000(County B Project Beneficiaries)= 10,000 5) 94,000/10,000=9.4 Points 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 9 of 16 5) Leverage Data Source: CDBG-DR project requested amount as indicated on the submitted SF-424 and leverage documentation from state, federal, local, nonprofit, or private funding sources (see requirements below). Maximum Points: 10 Points Non-CDBG Leverage (a minimum value of 1% of the 10 Points CDBG-DR funds requested) Non-CDBG Leverage (a value less than 1% of the CDBG- 0 Points DR funds requested) Methodology: The leverage documentation from a federal, state, local, nonprofit, or private funding source will be reviewed to determine the amount of leveraged funds utilized for the proposed project. In order to receive points under this criterion, the leveraging must have a minimum value of 1%of the CDBG-DR funds requested. For purposes of this criterion, leveraged funds include equipment, materials, and cash from the applicant and/or sources from other than the requesting entity or entities if the application contains a joint project that crosses jurisdictional boundaries.CDBG-DR and CDBG-MIT funds used as leverage are ineligible for scoring purposes. In order to receive points under this criterion, • The leverage documentation must identify the amount and type of funds being leveraged. Acceptable Leverage Documentation (including but not limited to): • Commitment letters from an elected or appointed official with the ability to allocate the funds • Resolutions from the applicable governing body • Meeting minutes indicating the amount and approval from the applicable governing body Unacceptable Leverage Documentation including but not limited to (points will not be awarded for leverage based on the following documents): • SF-424 (only) • Environmental Exempt Form • Bond documents • Meeting Agendas 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 10 of 16 6) Tie-breaker: Higher Poverty Rate Data Source: Most recently available American Community Survey(ACS) 5-year estimates Table S1701. Methodology: The poverty rate within a jurisdiction(s) is determined by reviewing the "Percent Below Poverty Level" column of the ACS 5-year estimates Table S1701 and, if necessary, reviewing the "Total" column and "Below Poverty Level" column of ACS Table S1701 to calculate the percent below poverty level for a multiple jurisdictional area. Method 1: • If the proposed project service area is wholly within one (1) city, then the city "Percent Below Poverty Level" information will be used. • If the proposed project service area is wholly within one (1) county (either in the unincorporated areas or both the unincorporated areas and incorporated areas), then the county "Percent Below Poverty Level" information will be used. Method 2: • If the proposed project service area is wholly within multiple cities, then the "Total" population and total amount of people "Below Poverty Level" for each city will be used. A calculation will then be applied to determine the percent below poverty level for the applying jurisdictions. • If the proposed project service area is in multiple counties (either in the unincorporated areas or both the unincorporated areas and incorporated areas),then the"Total"population and total amount of people "Below Poverty Level" for each county will be used. A calculation will then be applied to determine the percent below poverty level for the applying jurisdictions. Steps for Method 2: 1. Identify which jurisdictions the project service area is located in. 2. Identify which Method 2 scenario applies. 3. Identify the applicable"Below Poverty Level" populations for each jurisdiction. 4. Sum the "Below Poverty Level" populations totals for each jurisdiction. 5. Identify the applicable "Total" populations for each jurisdiction. 6. Sum the applicable "Total" populations for each jurisdiction. 7. Divide the sum of the calculated "Below Poverty Level" population by the sum of the calculated "Total" population for the applicable jurisdictions. 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 11 of 16 I TXGLO 8. The quotient of the equation is then the rate to be used to determine the higher rate in the case of a tie breaker. Method 1. Example 1: County A has a "percent below poverty level" of 15.5% as seen in ACS 5- year estimates Table S1701. 1) 15.5%(County A percent below poverty level) Method 2. Example 2:City A and City B are submitting a joint project application with a project service area within both cities. Population Below Total Population Poverty Level City A 6,392 27,695 City B 4,810 18,174 Total 11,202 45,869 1) 6,392 (City A"Below Poverty Level"population)+4,810 (City B "Below Poverty Level"population)= 11,202 (Sum of"Below Poverty Level") 2) 27,695 (City A"Total"population)+ 18,174 (City B "Total"population)=45,869 (Sum of"Total"population) 3) 11,202 (Sum of"Below Poverty Level")/45,869 (Sum of"Total" population)= 0.244 4) 0.244=24.4% 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 12 of 16 411111101 E) 2019 Disasters Infrastructure Competition Eligible Activities i. Flood control and drainage repair and improvements, including the construction or rehabilitation of storm water management system; ii. Restoration of infrastructure (such as water and sewer facilities, streets, provision of generators, removal of debris, bridges, etc.); iii. Public Facilities; iv. Buyouts or Acquisition with or without relocation assistance, down payment assistance, housing incentives, and demolition; v. Activities designed to relocate families outside of floodplains; vi. Demolition, rehabilitation of publicly or privately owned commercial or industrial buildings, and code enforcement; vii. Economic development (such as microenterprise and small business assistance, commercial rehabilitation, and special economic development activities, including prioritizing assistance to businesses that meet the definition of a small business). Any projects funding for-profit entities must be evaluated and selected in accordance with guidelines(established in Appendix A to 24 CFR part 570)developed by HUD and comply with HUD underwriting guidance; viii. Public service (such as job training and employment services, healthcare, childcare, and crime prevention within the 15 percent cap); and ix. Planning. 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 13 of 16 F) 2019 Disasters Infrastructure Competition Ineligible Activities CDBG—DR funds may not be used to enlarge a dam or levee beyond the original footprint of the structure that existed prior to the disaster event. CDBG—DR funds for levees and dams are required to: a. Register and maintain entries regarding such structures with the USACE National Levee Database or National Inventory of Dams; b. Ensure that the structure is admitted in the USACE PL 84-99 Rehabilitation Program (Rehabilitation Assistance for Non-Federal Flood Control Projects); c. Ensure the structure is accredited under the FEMA NFIP; and d. Maintain file documentation demonstrating a risk assessment prior to funding the flood control structure and documentation that the investment includes risk reduction measures. ii. Funds may not be used to assist a privately owned utility for any purpose. A private utility, also referred to as an investor-owned utility, is owned by private investors and is for-profit as opposed to being owned by a public trust or agency (e.g., a coop or municipally owned utility); iii. Funds may not be provided to a for-profit entity for an economic development project under section 105(a)(17)of the HCDA unless such project has been evaluated and selected in accordance with guidelines developed by HUD pursuant to section 105(e)(2) of the HCDA for evaluating and selecting economic development projects; iv. Buildings and facilities used for the general conduct of government (e.g., city halls, courthouses, and emergency operation centers); v. No disaster recovery assistance will be considered with respect to any part of a disaster loss that is reimbursable by FEMA, the USACE, insurance, or another source due in part to the restrictions against duplication of benefits outlined in this Action Plan. An activity underway prior to the Presidential disaster declaration will not qualify unless the disaster directly impacted said project; vi. By law, (codified in the HCD Act as a note to 105(a)), the amount of CDBG—DR funds that may be contributed to a USACE project is $250,000 or less; 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 14 of 16 4110 TXGLO vii. Section 582 of the National Flood Insurance Reform Act of 1994, as amended, (42 U.S.C. 5154a) prohibits flood disaster assistance in certain circumstances. In general, it provides that no Federal disaster relief assistance made available in a flood disaster area may be used to make a payment (including any loan assistance payment) to a person for "repair, replacement, or restoration" for damage to any personal, residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. No disaster assistance may be provided for the repair,replacement,or restoration of a property to a person who has failed to meet this requirement; and viii. If the property is purchased through the use of eminent domain,the ultimate use of that property may not benefit a particular private party and must be for a public use. 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 15 of 16 TXGLO G)Application Selection Process Example Each applicant may submit a total of two (2) applications, whether applying as the lone applicant or jointly with another eligible jurisdiction(s). Each application must consist of one project. Depending on demand, no applicant will be awarded for their second application until all successful eligible applicants have been awarded funding at least once. Applications Applicant(s) Application Type Application Score Awarded City A Application Individual 98.5 Yes City B and City C Application Joint 95.1 Yes County A Application Individual 94 Yes County A and County B Application Joint 91.8 Queued City B Application Individual 87.4 Queued County C Application Individual 84.1 Yes County B Application Individual 79.7 Yes County D and County E Application Joint 75.3 Yes City C Application Individual 70.9 Queued County C and City A Application Joint 68.7 Queued City D Application Individual 64.3 Yes County D and County E Application Joint 62.1 Queued Application Queue Applicant Application Type Application Score Awarded County A and County B Application Joint 91.8 Yes City B Application Individual 87.4 Yes EPL '" City C Application Individual 70.9 No County C and City A Application Joint 68.7 No 2019 Disasters Infrastructure Competition—Applicant Eligibility and Scoring Criteria Page 16 of 16