AGENDA

COUNTY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 2, 2021

1. Call meeting to order

2. Pledge of Allegiance to the Flag

3. Public Comment

4. COVID Vaccination Update

5. Approval of Minutes

5.A Approval of the Minutes of the Regular Meeting of May 19, 2021. 05.19.21 Minutes.pdf

6. Ordinance(s)

6.A Second Reading, Public Hearing and Final Adoption of Ordinance 2021-4 amending the County Code to Add Chapter 87 to Provide for a Board of Managers of Juvenile Detention. Proposed Ordinance 2021-4 .docx

7. Announcement(s)

7.A Announcement of Appointments to the Board of Managers of Juvenile Detention.

7.B Delaware County Emergency Rental Assistance Program Update.

7.C Announcement naming James P. Hackett as Delaware County Treasurer.

8. Agreements / Contracts / Amendments

8.A Approval to accept Grant from the Insurance Fraud Prevention Authority for a term of 7/1/2021 through 6/30/2022 in the amount of $558,614.00. IFPA 2021 2022 documents.pdf

8.B Approval of COSA Service Agreements for the year beginning July 1, 2021 between the County of Delaware and Providers in the amount of and for the services shown on the attached lists. Subject to Solicitor's approval. HL.pos21.doc HL.pos21A.xlsx

1 HL.pos21B.doc

8.C Approval to submit for the 2021 Emergency Management Performance Grant to PEMA for the performance period of October 1, 2020 through September 30, 2021 for an estimate grant award of $55,590.73. The grant award reimburses a portion of the County Emergency Manager's salary for the performance of his duties. Single Application for Assistance (1).pdf Job Description tim boyce.pdf FFATA Delco EMPG 2021.pdf 2021 EMPG Guidance.pdf

8.D Approval of an Agreement between Tetra Tech Inc. of Harrisburg PA, and the County of Delaware to provide consulting services to develop the Countywide Natural Hazardous Mitigation Plan update as required by PEMA for a period of performance of one year and a cost not to exceed $52,500.00. Subject to Solicitor's approval. 2019 NHMP DOA.pdf All-Hazard-Mitigation-Planning-Standard-Operating-Guide.pdf FEMA Award letter PDM 2019 2.docx REQUESTforPROPOSAL_SAMPLE_COUNTY_HMPLANS (1).doc Tetra Tech NHMP propossal for DES 2021.pdf

8.E Approval of Reimbursement Agreement between PECO Energy Company and the County of Delaware in the amount of $111,156.00 for the installation of an 8-inch plastic and steel gas main on Bridge #237 over Hermesprota Creek on Tribbett Avenue in Darby Township. Subject to Solicitor's approval. MPMS 86370-PecoGas-ReimbAg.pdf

8.F Approval to advertise request for qualifications (RFQ) for professional services to assess for the Solid Waste Management (SWP) Plan Development.

8.G Approval to ratify current agreement between Capozzoli Catering to provide box lunches to Delaware County Vaccination Sites in an amount not to exceed $50,000.00. Subject to Solicitor's approval. 2021 Capozzoli Catering signed Agreement of Services 4-19-2021 to 6-30- 2021.pdf

8.H Approval of a Professional Services Agreement to Holland & Knight for Federal Governmental Representation Services in an amount not to exceed $95,000.00 for a seven month period beginning June 1, 2021 with a six month extension at the discretion of the Executive Director depending upon the availability of funds and an optional one year extension to be exercised at the discretion of the County. Subject to Solicitor's approval. Holland Knight Interview Responses County of Delaware.pdf Holland Knight Proposal to County of Delaware.pdf

8.I Approval of an $8,000 Grant to U.S. Veterans Legacy Project, Inc. to defray expenses of its mission to preserve the legacy of Delaware County Veterans. Subject to Solicitor's approval.

9. Approval of Central Tax Collection Department's request for refunds for the years 2020

2 and 2021 County Real Estate Taxes for four (4) property owners due to overpayment of the amount of taxes due.

10. Approval of Central Tax Collection Department’s request for one (1) Court Ordered refund for the year 2020 for a property in the Borough of Swarthmore in the total amount of $941.49.

11. Appointments

11.A Approval to appoint Annemarie G. Hirsch to the Delaware County Board of Health to fill the unexpired term of Lora Siegmann Werner to a term ending January 2024.

12. Request by the Controller's Office for payment of current bills

13. Communications from the Executive Director

14. Solicitor

15. Public Comment

16. Council Remarks

17. Adjourn

3 4 5 6 7 8 9 10 11 AGENDA ITEM NO. 6.A

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Jonathan Lichtenstein,Solicitor

ITEM TYPE: Ordinance

AGENDA SECTION: Ordinance(s)

SUBJECT: Second Reading, Public Hearing and Final Adoption of Ordinance 2021-4 amending the County Code to Add Chapter 87 to Provide for a Board of Managers of Juvenile Detention.

EXPENSE BUDGET LINE ITEM N/A ACCOUNT:

ESTIMATED/ACTUAL COST OF N/A REQUEST:

FUNDING SOURCE: N/A

REVENUE TYPE:

PURCHASING:

GRANTS:

ADDITIONAL COMMENTS:

ATTACHMENTS: Proposed Ordinance 2021-4 .docx

12 COUNTY OF DELAWARE PENNSYLVANIA

ORDINANCE No. 2021-4

AN ORDINANCE OF THE COUNTY OF DELAWARE, COMMONWEALTH OF PENNSYLVANIA AMENDING THE COUNTY CODE TO ADD CHAPTER 87 TO PROVIDE FOR A BOARD OF MANAGERS OF JUVENILE DETENTION.

WHEREAS, pursuant to Section 1-10 of the Code (the "Code") of the County of Delaware, Commonwealth of Pennsylvania (the "County"), the Code may be amended by ordinances of the County Council when passed and adopted in such form as to indicate the intention of the County Council to be a part of the Code; and

WHEREAS, 16 P.S. § 2339.2 provides that the County shall provide for facilities exclusively for the confinement of alleged or adjudicated delinquent children or dependent children who are in custody awaiting trial or hearing in the courts of the county and provide for the maintenance and care of the children while in custody; and

WHEREAS, 16 P.S. § 2339.3 provides that the management of houses for the detention and reception of juveniles awaiting trial, hearing or judicial investigation shall be in a board of managers consisting of County Council members, the county controller and six private citizens, three to be appointed by the President Judge of the Court of Common Pleas and three to be appointed by the Chairperson of County Council; and

WHEREAS, County Council desires to amend the Code to provide for such board of managers;

IT IS HEREBY, ENACTED AND ORDAINED BY County Council of Delaware County, Commonwealth of Pennsylvania as follows:

SECTION 1. The Code shall be amended to add a new Chapter 87 to read as set forth below:

Chapter 87 Board of Managers of Juvenile Detention § 87-1 Scope. This chapter shall pertain to the Board of Managers of Juvenile Detention (the "Board") of Delaware County established pursuant to 16 P.S. § 2339.3. § 87-2 Composition. The Board shall consist of the following individuals: A. Three County Council members appointed by majority vote of County Council; B. The County Controller; C. Six citizen members as provided in § 87-3 below. The County Council members and the County Controller may appoint persons to act as their designees for the purpose of attending meetings of the Board, and such designees shall have the right to vote at the meetings.

13 The appointed County Council members shall serve as long as they continue to be members of County Council unless removed by majority vote of County Council. The members of the Board shall serve without compensation. § 87-3 Citizen members. The citizen members shall not be officers or employees of the County. Each shall serve for a term of three years; except as provided below for the initial Board. Three citizen members shall be appointed by the Chairperson of County Council and three citizen members shall be appointed by the President Judge of the Delaware County Court of Common Pleas (the “President Judge”). The citizen members of the Board shall serve until the expiration of the terms to which they were respectively appointed. Annually, the citizen members with expiring terms or their successors shall be appointed for terms of three years ending on each January 1. Vacancies occurring in the membership of the Board shall be filled for the unexpired term by the Chairperson of County Council or the President Judge, depending upon who originally appointed the citizen member. Notwithstanding the foregoing, for the initial Board appointed after enactment of this chapter, one of the citizen members appointed by each of the Chairperson of County Council and the President Judge shall serve for a term ending on January 1, 2022, one of each of such initial citizen members shall serve for a term ending on January 1, 2023, and one of each of such initial citizen members shall serve for a term ending on January 1, 2024, so that, thereafter, the term of one of the citizen members appointed by each of the Chairperson of County Council and the President Judge expires on each January 1. The written appointment of citizen members, as delivered by the appointing authority to the County Clerk, shall specify the term of each appointee. Citizen members may be removed for malfeasance, misfeasance or nonfeasance by the Chairperson of County Council or the President Judge, depending upon who originally appointed the citizen member. In addition, unless excused by the Board, a citizen member who fails to attend three consecutive meetings of the Board may be removed up to 60 days after the date of the third such meeting by the Chairperson of County Council or the President Judge, depending upon who originally appointed the citizen member. § 87-4 Powers and duties. A. The Board shall provide for the management of houses for the detention and reception of juveniles awaiting trial, hearing or judicial investigation under the laws of the Commonwealth of Pennsylvania and provide for the maintenance and care of the children while in custody. Such management shall include both the management of facilities owned and operated by the County and the management of contracts with facilities managed by private companies, nonprofits and/or other political subdivisions to provide for any such services. The Board shall have all powers provided by the laws of the Commonwealth of Pennsylvania. B. All contracts and purchases required for the maintenance and support of the houses of detention, materials and supplies shall be with the County and conducted in accordance with the applicable provisions of the Delaware County Administrative Code; provided, that the approval of the Board shall be required as well as the appropriate approvals under the Delaware County Administrative Code. C. The Board may appoint a superintendent and additional staff members as may be necessary, whose salaries shall be paid by the County. The number and compensation of the employees shall be fixed by County Council. Such superintendent shall report to the Board and the County Executive Director.

14 D. The powers and duties of the Board set forth in this Section shall not be construed as in any way limiting any authority of the Court of Common Pleas provided under Pennsylvania law. § 87-5 Rules and regulations. The Board shall approve such rules, regulations and forms it deems necessary for the proper administration of the Board. § 87-6 Annual report and expenses. The Board shall annually report to County Council and the President Judge, on or before the first day of November, the amount of money required for the maintenance of the house or houses of detention. The County Council shall make an annual appropriation to the Board for the payment of the expenses of administering the house or houses of detention. Expenses incurred in the performance of duties by the Board shall be itemized and presented with vouchers to the County for payment, and a semiannual expense report shall be made to the County Council. All expenses in connection with the management and administration of the house or houses of detention shall be paid by the County in the manner provided by law for the payment of County obligations. § 87-7 Repealer. All ordinances, resolutions or parts thereof directly inconsistent with any provision of this Chapter are hereby repealed to the extent of any such inconsistency only.

SECTION 2. This Ordinance shall take effect on the tenth day after its adoption. ENACTED AND ORDAINED by County Council of the County of Delaware, Pennsylvania, this day of 2021. COUNTY OF DELAWARE

______Brian P. Zidek, Chair

______Dr. Monica Taylor, Vice Chair

______Kevin M. Madden

______Elaine Paul Schaefer

______Christine A. Reuther Attested:

______Anne M. Coogan County Clerk

15 AGENDA ITEM NO. 7.A

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Anne Coogan,County Clerk

ITEM TYPE: Announcement(s)

AGENDA SECTION: Announcement(s)

SUBJECT: Announcement of Appointments to the Board of Managers of Juvenile Detention.

EXPENSE BUDGET LINE ITEM n/a ACCOUNT:

ESTIMATED/ACTUAL COST OF n/a REQUEST:

FUNDING SOURCE: N/A

REVENUE TYPE:

PURCHASING:

GRANTS:

ADDITIONAL COMMENTS:

ATTACHMENTS:

16 AGENDA ITEM NO. 7.B

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Jonathan Lichtenstein,Human Services

ITEM TYPE: Miscellaneous

AGENDA SECTION: Announcement(s)

SUBJECT: Delaware County Emergency Rental Assistance Program Update.

EXPENSE BUDGET LINE ITEM N/A ACCOUNT:

ESTIMATED/ACTUAL COST OF N/A REQUEST:

FUNDING SOURCE: N/A

REVENUE TYPE:

PURCHASING:

GRANTS:

ADDITIONAL COMMENTS:

ATTACHMENTS:

17 AGENDA ITEM NO. 7.C

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Anne Coogan,County Clerk

ITEM TYPE: Announcement(s)

AGENDA SECTION: Announcement(s)

SUBJECT: Announcement naming James P. Hackett as Delaware County Treasurer.

EXPENSE BUDGET LINE ITEM n/a ACCOUNT:

ESTIMATED/ACTUAL COST OF n/a REQUEST:

FUNDING SOURCE: N/A

REVENUE TYPE:

PURCHASING:

GRANTS:

ADDITIONAL COMMENTS:

ATTACHMENTS:

18 AGENDA ITEM NO. 8.A

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Christine Lundell,CID

ITEM TYPE: Grant

AGENDA SECTION: Agreements / Contracts / Amendments

SUBJECT: Approval to accept Grant from the Insurance Fraud Prevention Authority for a term of 7/1/2021 through 6/30/2022 in the amount of $558,614.00.

EXPENSE BUDGET LINE ITEM 2622-1946-430122 ACCOUNT:

ESTIMATED/ACTUAL COST OF $558,614.00 REQUEST:

FUNDING SOURCE: Other Revenue

REVENUE TYPE:

PURCHASING:

GRANTS: Approval to Accept Grant

ADDITIONAL COMMENTS: The submission was approved by Council on 2/17/21, item# 8.

ATTACHMENTS: IFPA 2021 2022 documents.pdf

19 20 21 22 23 24 AGENDA ITEM NO. 8.B

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Linda Langdale,Aging Services (COSA)

ITEM TYPE: Professional Service Agreement

AGENDA SECTION: Agreements / Contracts / Amendments

SUBJECT: Approval of COSA Service Agreements for the year beginning July 1, 2021 between the County of Delaware and Providers in the amount of and for the services shown on the attached lists. Subject to Solicitor's approval.

EXPENSE BUDGET LINE ITEM 3522-4502-63xxxx ACCOUNT:

ESTIMATED/ACTUAL COST OF Estimate $6,729,228 - See attached documents. REQUEST:

FUNDING SOURCE: Other Revenue

REVENUE TYPE:

PURCHASING: Approval to Award Contract

GRANTS:

ADDITIONAL COMMENTS: Explanation and brief description of all contracts on attached memo document.

ATTACHMENTS: HL.pos21.doc HL.pos21A.xlsx HL.pos21B.doc

25 INTER-OFFICE CORRESPONDENCE COUNTY OF DELAWARE

DATE: May 14, 2020

TO: County Council FROM: Barbara S. Nicolardi COSA Director

SUBJECT: Council Action - COSA Contracts

I am forwarding for your review and Council approval the COSA Purchase of Service Agreements for the year beginning July 1, 2021. The provider agencies, the services to be provided and the contract amount are shown on the attached list. Similar contracts are grouped together based on the length of the original contract and whether the contract is program funded or unit cost. All these contracts are fully reimbursable under our Agreement with the PA Department of Aging.

Part A. lists the Year One budget for Five -Year Contracts covering the period July 1, 2021 through June 30, 2026. The funding level is established by the availability of federal and state funds. Each Provider has submitted a budget that has been reviewed and approved. The Payment Provisions of these contracts state that the County will issue an Annual Funding Agreement setting the budget for Years Two through Five. These contracts were procured in compliance with the competitive procurement policies of the Department of Aging. The vendors responded to an Application Process. All the proposed contracts are renewals.

Part B. lists a one-year program funded Contract covering the period July 1, 2021 through June 30, 2022. The Delaware County Victims Assistance Center is the new provider for the provision of senior victim’s crime services. This contract was previously with the County District Attorney’s office and is being funded for one year.

Part C. lists unit cost contracts with Adult Day Care providers for the five-year period July 1, 2021 through June 30, 2026. Year One funding rates are based upon the rates set by the individual providers. This service is purchased at a per diem rate not to exceed the maximum rate paid by Medicaid. All providers are licensed by the PA Department of Aging.

Part D. lists unit cost contracts with In-Home Services providers for the five-year period July 1, 2021 through June 30, 2026. Year One funding rates are based upon the rates set by the individual providers within parameters set by COSA. This service is purchased at a per hour unit rate. The contracts were issued following the PA Department of Aging’s Aging Program Directive procurement regulations.

26 Council Action Memo Page 2.

Part E. lists unit price contracts for the one-year period July 1, 2021 through June 30, 2022.  ATC Healthcare Services, Inc., Axion of Pennsylvania, and General Healthcare Resources are temporary employment agencies that COSA contracts with to provide social work temps on an as needed basis. The rates vary from agency to agency but are listed in the work plans/rate sheets attached to and made part of each contract.  Dr Kenneth Carrol and Dr. Megan Moore provide psychological evaluations for COSA consumers. The price for their contracts were negotiated with the providers.  Community Transit's price is set by their PUC tariff. We pay the 15% rider co-pay for senior center participants, adult day care clients and a limited number of individuals requiring transportation to health care facilities. Homemaker Service of the Metropolitan Area, Inc. alleviate the County from being the fiscal intermediary for the consumer reimbursement clients in our OPTIONS long-term care programs. We are purchasing this service for a one-year period at the rates set by Department of Human Services.  Information Age Technology (IAT) is a software technology company selected by the Department of Aging to develop, update, and create different modules as needed to increase the efficiency of the SAMS management program. IAT makes program modifications as needed. IAT’s prices are determined based on the project they are working on.  Main Line Meals on Wheels and Meals on Wheels of Del. Co. provide home delivered meals to COSA consumers. The price for the meal contracts is negotiated with the providers.  Para-Plus Translations, Inc. (PPT) provides in person translation services on an as needed basis. These services were competitively bid and PPT was the lowest priced provider

Part F. lists a professional Service Contract for the one-year period July 1, 2021 through June 30, 2022 with DiOrio & Sereni LLP, or such substitute attorney as agreed to by the Department & Solicitor, to provide legal services mostly for guardianship issues related to COSA’s Protective Services consumers.

I recommend Council's approval of these agreements. I would like these items scheduled on the agenda for the June 2nd meeting of County Council. Please call me if you have questions about any of these agreements.

BSN/ljl Enclosures

27 BLOCK GRANT FUNDED Estimated annual Annual Contract spend on unit price amounts contracts Part A - Program funded - (Five Years) $ 4,325,228.00 $ - Part B- Program funded (One Year) 40,000.00 Part C -Unit Price -Day Care- (Five Years) - 40,000.00 Part D - Unit Price - (Five years) - 1,760,000.00 Part E - Unit Price -(One Year) - 394,000.00 Part F - Professional Service (One Year) - 170,000.00 Total $ 4,365,228.00 $ 2,364,000.00

28 SERVICES FOR THE AGING PROPOSED CONTRACTS 2021-26

A. Program Funded Contracts (Five Years) Contract Period: July 1, 2021 - June 30, 2026 Budget Period: July 1, 2021 - June 30, 2022

CONTRACTOR SERVICE Amount

Legal Aid of Southeastern Legal Services $55,725 PA CO1426

Main Line Senior Services Senior Center $107,399 C04026 Congregate Meals

RSVP Volunteers $20,000 CORSVP26

Senior Community Services APPRISE-Volunteer Services/ $85,635 C00526ap Insurance Counseling

Senior Community Services Care Management $1,321,966 C00522cm

Senior Community Services Caregiver Support Program $520,842 C00522fc Federal & State

Senior Community Services Senior Center $716,043 C00526sc Congregate Meals Home Delivered Meals

Senior Services Nutrition Svcs. $891,328 Management Group C02226

Surrey Services Senior Center, Meals, $305,595 COSS26sc Volunteer Services

Upper Darby Twp. Senior Center $300,695 CO0626 Congregate Meals Home Delivered Meals

B. Program Funded Contracts (One Year) Contract Period: July 1, 2020 - June 30, 2021

CONTRACTOR SERVICE Amount

Del.Co.Victim Assistance Ctr. Victims Assistance $40,000 C0DCVAC22

C. Unit Price Contracts (Five Years) 29 Contract Period: July 1, 2021 - June 30, 2026 Budget Period: July 1, 2021 - June 30, 2022

CONTRACTOR SERVICE Amount

Adult Day Services, Inc. Adult Day Care Unit Cost CO4026

Senior Care Centers of Adult Day Care Unit Cost Pennsylvania, Inc. D/B/A Active Day CO0726

D. Unit Price Contracts (Five Years) Contract Period: July 1, 2021 - June 30, 2026 Budget Period: July 1, 2021 – June 30, 2022

CONTRACTOR SERVICE Amount

Accucare Home Nursing, Inc. In-Home Services Unit Cost CO4326

Affinity HealthCare Solutions In-Home Services Unit Cost COAHS26

Always BestCare Senior Svcs. In-Home Services Unit Cost COABSS26

Angelic Compassion Home Care In-Home Services Unit Cost COACHC26

Arum Healthcare Svcs., Inc. In-Home Services Unit Cost COARHS26

Care First Home Health Inc. In-Home Services Unit Cost COCFHH26

Care First Nursing Inc. In-Home Services Unit Cost COCFN26

Comfort Care Providers LLC In-Home Services Unit Cost DBA KeynCare COCCPKC26

Criticare Home Care In-Home Services Unit Cost CO5026

Delia Maria Home Care Agency In-Home Services Unit Cost CODMHC26

Eden Home Care In-Home Services Unit Cost COEHC26

Edmacy Home Care In-Home Services Unit Cost COEMCY26

Eldercare Alternatives, Inc. In-Home Services Unit Cost 30 DBA Comfort Keepers CO7726

Fanorte LLC DBA Right At Home In-Home Services Unit Cost CO2526

Gentle Care, Inc. In-Home Services Unit Cost CO0926

Granny’s Helping Hands-PaInc. In-Home Services Unit Cost CO3826

Heron Companions In-Home Services Unit Cost COHC26

Jorpat Nursing Services Inc. In-Home Services Unit Cost CO5126

LifeLine Home Health, Inc. In-Home Services Unit Cost CO6626

Lisette Home Care Service LLC In-Home Services Unit Cost COLHCS26

Open Systems Healthcare, Inc. In-Home Services Unit Cost COOSH26

Penn Home Health Care LLC In-Home Services Unit Cost COPHHC26

Premier Care & Staffing In-Home Services Unit Cost COPCSS26

Primal Touch Home Care In-Home Services Unit Cost COPTHC26

Senior Health Ventures, LLC In-Home Services Unit Cost DBA Senior Helpers COSH26

Successful Aging Care Net,Inc In-Home Services Unit Cost CO9826

Surrey Home Care In-Home Services Unit Cost COSHC26

Total Home Health Care Corp. In-Home Services Unit Cost CO1226

Unforgettable Caregivers, LLC In-Home Services Unit Cost COUC26

Victorias’ Home Care, LLC In-Home Services Unit Cost CO0226

We Care Sr. Svcs., Inc. In-Home Services Unit Cost 31 DBA ComForcare Senior Svcs. COCSS26

E. Unit Price Contracts (One Year) Contract Period: July 1, 2021 - June 30, 2022

CONTRACTOR SERVICE Amount

ATC Healthcare Svcs., Inc. Temporary Staffing Service Unit Cost COATC26

Axion of Pennsylvania LLC Temporary Staffing Service Unit Cost COAXN26

Dr. Kenneth R. Carroll,Ph.D. Psychological Evaluations Unit Cost COKC26

Community Transit Transportation Unit Cost of Delaware County CO1026

General Healthcare Resources Temporary Staffing Service Unit Cost COGHC26

Homemaker Service of the Administration of Unit Cost Metropolitan Area, Inc. Consumer Reimbursement COHSMA26 Program

Information Age Technologies IT & MIS Consulting and Unit Cost COIAT26 Technical Support

Main Line Meals on Wheels Home Delivered Meals Unit Cost CO015026

Meals on Wheels of Del. Co. Home Delivered Meals Unit Cost CO2626

Megan M. Moore, Psy.D., ABPP Psychological Evaluations Unit Cost COMM26

Para-Plus Translations, Inc. Interpreting and Translation Unit Cost COPPT26

F. Professional Service Contracts (One Year) Contract Period: July 1, 2021 - June 30, 2022

CONTRACTOR SERVICE Amount

DiOrio & Sereni, LLP Legal Services Unit Cost or such substitute attorney as agreed to by the Department & Solicitor CODS22 32 33 Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG) Applicant Information Applicant Entity Government Type: Applicant Name: Delaware County Emergency Services NAICS Code 9211

FEIN/SSN XXXXXXXXX Number DUNS Number: 830892563 CEO: Brian P. Zidek CEO Title: Chairman Delaware County Council

XXXXXX SAP Vendor #:

Contact Name: Maille Russel-Bonsall Contact Title: Assistant 911 Coordinator

Phone: (610)-565-8700 Ext. Fax: (610)-892-9583 E-mail: [email protected] Mailing Address: 360 N Middletown Rd

City: Media

State: PA

Zip Code: 19063

34 Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG)

Enterprise Type Indicate the types of enterprises that describe the organization listed above. You may select more than one type.

Advanced Agri- Biotechnology / Life Agri-Producer Authority Technology Processor Sciences

Business Financial Call Child Care Community Dev. Commercial Services Center Center Provider

Computer & Clerical Defense Economic Dev. Educational Emergency Operators Related Provider Facility Responder

Environment and Exempt Export Export Food Processing Conservation Facility Manufacturing Service

Government Hospitality Industrial Manufacturing Healthcare

Professional Regional & National Mining Other Recycling Services Headquarters

Research & Social Services Tourism Retail Warehouse & Terminal Development Provider Promotion Government,

Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG) Project Overview

35 Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG) Project Overview

Project Name: FFY 2021 EMPG Delaware County

Is this project related to another previously submitted project? No

If yes, indicate previous project name:

Have you contacted anyone at PEMA about your project? No

If yes, indicate who:

36 Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG) Project Site Locations

Address: 360 North Middletown Road

City: Middletown

State: PA

Zip Code: 19063

County: Delaware

Municipality: Middletown Township

PA House: Chris Quinn (168)

PA Senate: John Kane (9)

Designated Areas:

37 Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG) Project Budget

Emergency Match Total Management Local Performance Grant (EMPG)

Miscellaneous $55,590.73 $55,590.73

Salaries and Benefits $55,590.73 $55,590.73 $111,181.46

Total $55,590.73 $55,590.73 Budget $111,181.46 Total:

Basis of Cost Provide the basis for calculating the costs that are identified in the Project Budget. Budget Justification

Budget Narrative The narrative must specifically address each of the cost items identified in the Project Budget section. If an amount is placed in any of the OTHER categories, you must specify what the money will be used for. NOTE: Some programs have specific guidelines regarding the narrative necessary to qualify for that particular resource. Please read the Program Guidelines for details. Narrative is NOT required for this question. Please refer to the Program Guidelines link above for a list of uploads required in the Addenda tab of this application.

38 Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG) Project Narrative

What do you plan to accomplish with this project? Identify the problem(s) that need to be resolved. This project will support the established 2021 EMPG priority of Sustainment of the Emergency Management Program. Narrative is NOT required for this question. Please refer to the Program Guidelines link above for a list of uploads required in the Addenda tab of this application.

How do you plan to accomplish it? Include expected outcomes that are measurable, obtainable, clear and understandable, and valid. Examples of measurable outcomes include jobs created or retained, people trained, land or building acquired, housing units renovated or built, etc. This project will support the established 2021 EMPG priority of Sustainment of the Emergency Management Program. Narrative is NOT required for this question. Please refer to the Program Guidelines link above for a list of uploads required in the Addenda tab of this application.

How do you plan to use the funds? Should include specific use of funds and reflect the budget provided with the application. This project will support the established 2021 EMPG priority of Sustainment of the Emergency Management Program. Narrative is NOT required for this question. Please refer to the Program Guidelines link above for a list of uploads required in the Addenda tab of this application.

Projected Schedule and Key Milestones and Dates A detailed schedule of activities, including key milestones and dates, must accompany this application if applicable to the project.

39 Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG) Program Addenda

1. The Annual Statement of Work (ASOW) reflects the minimum requirements under the EMPG Program. Successful completion of the ASOW deliverables is necessary to ensure future funding. a. Did the county meet all of the ASOW deliverables required as of September 30 of the recently closed federal fiscal year? Yes b. What steps will the county take to complete the prior year ASOW deliverables during the current federal fiscal year?

2. Select the approved positions for which funding is being requested. Complete the Estimated Total Expense and the Total Federal EMGP Expense for each position.

Position Estimated Total Total Federal Position Classification Expense EMPG Expense Emergency Mgmt. 160368.15 55590.73 1. Coordinator

2.

3.

4.

5.

6.

7.

3. The attached excel workbook is provided as a tool to assist in estimating salary and benefits. It is optional to complete and is not required as part of the application. Download 2021 EMPG Expense Estimate Workbook.xlsx

Uploaded Documents

40 Single Application for Assistance Web Application Id: 8753734 Applicant: Delaware County Emergency Services Program Selected: Emergency Management Performance Grant (EMPG) Program Addenda

4. Upload position description/s funded with this grant. Uploaded Documents Job Description.pdf View

5. Upload the completed FFATA form Download Attachment C - FFATA (fillable) NEW.pdf

Uploaded Documents FFATA (fillable).pdf View

41 42 ATTACHMENT C FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)

Federal Funding Accountability and Transparency Act Sub-recipient Data Sheet Grantee must provide information along with Grantee’s return of the signed grant agreement. The Commonwealth will not process the grant until such time that Grantee provides such information.

DUNS NUMBER

DUNS Number: DUNS Number + 4 (if applicable):

[INSTRUCTIONS: Grantee must provide its assigned DUNS number, and DUNS + 4 number if applicable. Grantee must maintain current registration in the U.S. General Services Administration's System for Award Management (www.sam.gov) at all times during which they have active federal awards funded pursuant to their sub-grant agreement. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the System for Award Management.]

PRIMARY LOCATION

City: State: Zip+4:

[INSTRUCTIONS: Grantee must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip code including 4-digit extension. If performance is to occur in multiple locations, then Grantee must list the location where the most amount of the grant award is to be expended pursuant to the grant agreement.]

Compensation of Officers

Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: By marking the following box Officer 3 Compensation: Grantee affirms they do not meet Officer 4 Name: the conditions for reporting highly Officer 4 Compensation: compensated officials Officer 5 Name: Officer 5 Compensation:

[INSTRUCTIONS: Grantee must provide to the Commonwealth the names and total compensation of the five most highly compensated officers of the entity if-- (i) the entity in the preceding fiscal year received— (I) 80 percent or more of its annual gross revenues in Federal awards; and (II) $25,000,000 or more in annual gross revenues from Federal awards: and

(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. If the Grantee does not meet the conditions listed above, then it must specifically affirm to the Commonwealth that the requirements of this clause are inapplicable to the Grantee.

October 1, 2020 43

Emergency Management Performance Grant Program Guidance and Instructions Federal Fiscal Year (FFY) 2021

I. PURPOSE

This document provides guidance and instructions on submission of FFY 2021 Emergency Management Performance Grant (EMPG) applications.

II. GENERAL

A. The performance period for the FFY 2021 EMPG is October 1, 2020 through September 30, 2021. All eligible activities must occur within the performance period.

III. APPLICATION

A. Applications for the FFY 2021 EMPG must be submitted via the Electronic Single Application (ESA) system at the following link: https://www.esa.dced.state.pa.us/login.aspx?var=5

B. The following ESA application components must be completed:

1. Applicant 2. Project Overview 3. Project Site 4. Budget Spreadsheet 5. Addenda The following documents must be uploaded: a. Current job descriptions for approved EMPG-funded positions b. Completed Attachment C (FFATA) 6. Certification

C. The FFY 2021 EMPG Expense Estimate (Excel) Workbook is being provided as a tool to assist in estimating salary and benefits for approved positions. It is optional to complete and is not required as part of the application.

D. Changes to currently approved positions must be submitted for consideration to PEMA, Bureau of Grants Management via email at [email protected]. PEMA will review and make a determination on these requests.

Page 1 of 2 EMPG 2021 Program Guidance 44 IV. SUBMISSION

A. The FFY 2021 EMPG application is available for submission as follows:

May 3, 2021 – 8:00 a.m.

June 18, 2021 – 5:00 p.m.

The ESA system will not accept EMPG applications after 5 p.m. on June 18, 2021.

V. GRANT AWARD

A. Official notice of grant award will be made by PEMA, Bureau of Grants Management to the applicant.

B. A grant agreement will be provided for electronic signature to the designated signatory(s) via ESA.

VI. REPORTS

A. Subrecipient quarterly reports are due to PEMA, Bureau of Grants Management via email at [email protected], as follows:

1. 1st Quarter (October 1 to December 31) – January 15

2. 2nd Quarter (January 1 to March 31) – April 15

3. 3rd Quarter (April 1 to June 30) – July 15

4. 4th Quarter (July 1 to September 30) – October 15

B. Quarterly reports are to reflect actual employer-paid expenses incurred during the application period and should include the following:

1. EMPG Quarterly Report Excel Workbook

2. System-generated payroll reports and/or pay stubs substantiating ALL amounts claimed in the EMPG Quarterly Report Excel Workbook. Amounts with no supporting documentation will not be reimbursed.

C. Quarterly reports that are incomplete or lacking all supporting documentation will be returned with a checklist identifying the issues to be resolved and a due date by which the documentation must be returned to PEMA.

Page 2 of 2 EMPG 2021 Program Guidance 45 AGENDA ITEM NO. 8.D

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Tim Boyce,Emergency Services

ITEM TYPE: Award of Contract

AGENDA SECTION: Agreements / Contracts / Amendments

SUBJECT: Approval of an Agreement between Tetra Tech Inc. of Harrisburg PA, and the County of Delaware to provide consulting services to develop the Countywide Natural Hazardous Mitigation Plan update as required by PEMA for a period of performance of one year and a cost not to exceed $52,500.00. Subject to Solicitor's approval.

EXPENSE BUDGET LINE ITEM 03-2918-6xxxxx ACCOUNT:

ESTIMATED/ACTUAL COST OF 52,500.00 REQUEST:

FUNDING SOURCE: Other Revenue

REVENUE TYPE:

PURCHASING: Approval to Award Contract

GRANTS:

ADDITIONAL COMMENTS: DM - A new GL will be created and identified for this specific expenditure under the 6xxxxx.

ATTACHMENTS: 2019 NHMP DOA.pdf All-Hazard-Mitigation-Planning-Standard-Operating-Guide.pdf FEMA Award letter PDM 2019 2.docx REQUESTforPROPOSAL_SAMPLE_COUNTY_HMPLANS (1).doc Tetra Tech NHMP propossal for DES 2021.pdf

46 47 48 49 50 51 52 53

PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

2020

54

PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

Table of Contents

County Hazard Mitigation Plan (HMP) Update Suggested Schedule ...... iv Hazard Mitigation Planning Checklist ...... vii 1 | Introduction ...... 1 1.1 Overview ...... 1 1.2 Multi-Jurisdictional Planning ...... 3 1.3 State Hazard Mitigation Plan ...... 3 1.4 Authority and References ...... 4 2 | Planning Process ...... 6 3 | Community Profile ...... 13 4 | Risk Assessment ...... 16 4.1 Identifying Hazards ...... 16 4.2 Profiling Hazards ...... 19 4.3 Assessing Vulnerability ...... 23 5 | Capability Assessment ...... 30 6 | Mitigation Strategy ...... 33 6.1 Evaluating Existing Hazard Mitigation Goals, Objectives, and Action Plan ...... 33 6.2 Update Mitigation Goals and Objectives ...... 35 6.3 Evaluating Mitigation Techniques for Profiled Hazards ...... 38 6.4 Developing the Mitigation Action Plan ...... 40 7 | Plan Maintenance ...... 45 8 | Plan Introduction ...... 47 9 | Plan Adoption ...... 48 10 | Mitigation Action Implementation ...... 50 Appendix 1 | Model Plan Outline...... 55 Appendix 2 | Community Participation Table ...... 58 Appendix 3 | Capability Assessment Survey ...... 59 Appendix 4 | Hazard Identification and Risk Evaluation Worksheet ...... 65 Appendix 5 | Pennsylvania Presidential Disaster Declarations...... 67 Appendix 6 | Risk Assessment Hazard Descriptions ...... 74 Appendix 7 | Mitigation Strategy 5-Year Mitigation Plan Review ...... 83 Appendix 8 | Hazard Prioritization Matrix ...... 87 Appendix 9 | Mitigation Strategy Technique Matrix ...... 88 Appendix 10 | Mitigation Action Assessment ...... 89 Appendix 11 | Mitigation Strategy Action Plan Template ...... 90 Appendix 12 | Jurisdiction Action Matrix ...... 91 Appendix 13 | Adoption Resolutions ...... 92 Appendix 14 | Risk Assessment Hazard Data Sources ...... 94

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

Appendix 15 | Checklist to Identify Local Compliance with the NFIP ...... 102 Appendix 16 | Jurisdictional Risk Comparison Matrix ...... 104 Appendix 17 | Data Requirements for Historic and Cultural Resources ...... 105 Appendix 18 | Historic and Cultural Resources Potential Funding Sources ...... 108 Appendix 19 | Hazard Mitigation Assistance (HMA) Forms ...... 110

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

County Hazard Mitigation Plan (HMP) Update Suggested Schedule SOG Task Description Complete Section Call for assistance. The most likely source of funding is Apply for Hazard Hazard Mitigation Assistance (HMA) grants. The grant 36 months Mitigation applications are submitted through PEMA via the ‘E- before HMP 10 Assistance grants’ system. The process normally takes 12 months expiration from application to funding award. Review the existing HMP to gather former Planning Team participant information. Contact Planning Team members and other stakeholders as needed, in writing,

to re-establish the Planning Team. Consider expanding More than the Planning Team and include all potential Build the Planning 24 months stakeholders, every organization that has assets in your 2 Team before HMP county, passes through your county or could be affected expiration by hazards in your county. Invite lots of people, you are not responsible if they don’t participate, but are

responsible for inviting them. Document the invitation process and the responses. The existing FEMA Local Plan Review Tool will have Obtain existing More than S BEFORE PLAN EXPIRES PLAN BEFORE S comments and suggested or required improvements FEMA Local 24 months associated with the current hazard mitigation plan. A 1, 8 Mitigation Plan before HMP copy of the existing review tool can be obtained from

3 3 YEAR Review Tool expiration FEMA. The Steering Committee is the smaller group of individuals (typically 2-5 members) that drive the planning process and ‘plan to plan’. The Steering More than Hold Steering Committee will organize and conduct Planning Team and 24 months Committee 2 Public meetings and dictate the HMP update schedule. before HMP Meetings The Steering Committee should meet regularly (in- expiration person and/or virtually) throughout the HMP update process. Hold a Kickoff Meeting with the Planning Team and the

24 months Hold Initial Public Public to inform them about HMP update. Gather before HMP 2, 4, 5 Kickoff Meeting* information to inform Risk Assessment and Capability expiration Assessment. Review applicable planning documents, studies, reports and technical information that may exist that would 24- 20 Review Existing enhance the plan update and should be considered for months Planning 2, 5 incorporation into your plan. Examples are the county before HMP Mechanisms** comprehensive plan, economic development plan and expiration floodplain management ordinances. Summarize community characteristics including Update 20 months geography, demographics, and environmental features Community before HMP 3 2 YEARS BEFORE PLAN EXPIRES 2 PLAN YEARSBEFORE of a county and the jurisdictions. Profile expiration

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

SOG Task Description Complete Section 20 - 18 Continue collecting data and determine the location and months Profile Hazards** extent, the range of magnitude, past occurrence and 4.2 before HMP probability of future occurrence for each hazard. expiration Continue collecting data and, using hazard profiles, 18 months Assess summarize vulnerable assets (i.e. people, structures, before HMP 4.3 (CONTINUED) Vulnerability** critical facilities, infrastructure), estimate losses and expiration develop a risk factor for each hazard. Consolidate information from the Risk Assessment input 18 months Complete Risk from Steering Committee and Public Kick-off Meetings, before HMP 4 Assessment the hazard profiles and the vulnerability assessments expiration and draft the Risk Assessment section of the plan. Hold Public Risk Hold a Risk Assessment Review Meeting with the 18 months Assessment Planning Team and the Public to review risk assessment before HMP 2, 4 Review Meeting* findings. expiration Consolidate information from the Capability Assessment 18 - 12 Complete input from Steering Committee and Public Kick-off months Capability Meetings, existing planning mechanisms review, and 2, 5

2 YEARS BEFORE PLAN EXPIRES EXPIRES 2 PLAN YEARSBEFORE before HMP Assessment other data collection to draft the Capability Assessment expiration section of the plan. Hold a Mitigation Solutions Workshop with the Planning Hold Mitigation Team to evaluate and update existing goals, objectives 12 months Solutions and actions. Each participating jurisdiction must have at before HMP 2, 6 Workshop* least one mitigation action. Collect input to inform the expiration Plan Maintenance Section. 12 - 9 Complete Document information obtained from the Mitigation months Mitigation Action Solutions Workshop and update the Mitigation Action 6.4 before HMP Plan Plan. expiration Complete Plan Document any information obtained from the Steering 9 months

Maintenance Committee and update the Plan Maintenance section of before HMP 7

Section** the plan. expiration BEFORE PLAN EXPIRES PLAN BEFORE 9 - 6 months Complete Draft Consolidate and review all sections of the plan. Prepare before HMP All HMP a draft document. expiration Hold Public Draft 6 months Hold a Meeting with the Planning Team and Public to

Plan Review before HMP 2 12 MONTHS 12

- review the draft plan.

3 Meeting* expiration Make the Draft HMP available for public review and Provide a Public 6 months comment for a minimum of 30 days. Post the Draft HMP Review and before HMP 2 on a project or county website and provided place Comment Period expiration printed copies at the county, public library, etc.

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

SOG Task Description Complete Section Make all necessary revisions based on Planning Team 6 - 3 months Complete Final and public comment and feedback and prepare the final before HMP All HMP product for submission. expiration At Least 90 Submit the final plan to the State Hazard Mitigation Submit Final HMP days before Officer who will review, return for edits (if needed), 9 to PEMA HMP

approve, and then forward to FEMA for review. expiration FEMA may request additional information and Receive FEMA documentation. Once FEMA determines the HMP “Approval Before HMP satisfies all requirements, you will receive a letter stating 9 Pending expiration that the plan has been Approved Pending Adoption Adoption” notice (APA).

FINAL 3 FINALMONTHS 3 Once APA has been received, each participating Adopt FEMA- jurisdiction and the county must adopt the plan. Follow Before HMP 9 approved plan local guidelines and requirements for public notice expiration associated with adoption resolution.

* Three to four community and stakeholder meetings are the minimum requirement for HMP update. The Draft Plan Review Meeting should be advertised in the local newspaper a minimum of 7 days prior to the meeting date. Counties and municipalities should conduct virtual outreach by posting the planning process on their website to encourage wider participation. ** Data collection should be continuous – don’t wait for the next HMP update! Posting the HMP with a corresponding comment mechanism or form on the county website will encourage stakeholders to provide data and feedback continuously.

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

Hazard Mitigation Planning Checklist STEPS AND CORRESPONDING PRODUCTS COMPLETE PLANNING PROCESS Step 1: Build the Planning Team. 1) List of participants and roles. 2) Description of each jurisdiction’s participation. 3) Discussion of past participation in the previously adopted plan. Step 2: Gather Tools. 1) Inventory of existing HMP planning documentation. Step 3: Create a Workspace. 1) Designate physical and virtual workspace. Step 4: Engage the Public and Other Stakeholders. 1) A description of all meetings and forums. 2) A description of stakeholder involvement (neighboring communities, agencies). 3) A description of tools (worksheets and surveys) distributed to meeting and forum

participants. 4) A compilation of meeting and outreach materials. 5) Documentation of public notice(s) and comments received. Step 5: Sustain Outreach Activities During the Planning Process. 1) An HMP update and outreach schedule. Step 6: Document the Approach to Updating Each Section of the Plan. 1) Description of the process followed to prepare the HMP update and any changes that

occurred. 2) A table summarizing changes to previously adopted plan. COMMUNITY PROFILE Step 1: Describe Geography and the Environment. 1) Description of the county’s geographical location, land area, and water features. 2) A base map for the county. Step 2: Describe Community; Include Relevant Facts. 1) Description of the county and its jurisdictions that includes history, major industries,

primary land uses, etc. 2) Identify the location of known historic and cultural resources within the community that are vulnerable to natural hazards and identify areas that may need additional inventory. Step 3: Summarize Demographics. 1) Demographic summary including population, population density, racial composition,

age breakdown, income, etc. 2) Population table listing each municipality. Step 4: Describe Growth Trends and Land Use. 1) Summary of growth trends, including population growth, changing land use, and the overall extent of developed area, including how they have increased the community’s vulnerability or resiliency to hazards.

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

STEPS AND CORRESPONDING PRODUCTS COMPLETE 2) A map of existing land use for the county. Step 5: Describe Data Sources and Limitations. 1) Describe/discuss sources used to complete the plan update and any data limitations encountered, as well as opportunities for continued data gathering, updating, and coordination. RISK ASSESSMENT Identifying Hazards Step 1: Document Past Presidential Disaster Declarations. 1) A table of past, applicable presidential disaster declarations. Step 2: Develop a List of Natural and Human-made Hazards. 1) Comprehensive, descriptive list of all natural and human-made hazards profiled in the

plan update. Profiling Hazards Step 1: Identify the Geographic Location. 1) Map with summary illustrating the location or geographical extent of each hazard. Step 2: Define the Magnitude. 1) Summary of the potential hazard magnitude or severity. Step 3: Profile Past Occurrences. 1) Discussion of past hazard occurrences that includes the date(s), severity, loss, and event

duration. Step 4: Summarize Repetitive Loss Properties (Flood Hazard Only). 1) Table Summarizing number and structure type of RL and SRL properties in each

community. Step 5: Establish Probability of Future Occurrence. 1) Assessment of future hazard probability. Step 6: Determine Environmental Impacts. 1) List or discussion of potential environmental impacts from hazards. Assessing Vulnerability Step 1: Identify and Summarize Vulnerable Assets. 1) Table of critical facilities by municipality and corresponding hazard area overlap. 2) Overall summary of vulnerability to each hazard, documenting the impact of each hazard, including vulnerability of historic and cultural resources, such as important cultural institutions. 3) Flood vulnerability maps for each jurisdiction (Flood Hazard only). 4) Summary of vulnerability for repetitive loss properties (Flood Hazard only). 5) Document process used to identify and continually update existing vulnerable assets,

including historic and cultural resources. Step 2: Estimate Loss. 1) Estimate of potential dollar losses to vulnerable assets. 2) Description of methodology used to prepare dollar loss estimates. Step 3: Characterize Repetitive Loss Properties (Flood Only). 1) Estimate of dollar losses to repetitive loss properties.

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

STEPS AND CORRESPONDING PRODUCTS COMPLETE 2) Description of land use and development within repetitive loss areas. Step 4: Develop Risk Factor for Profiled Hazards. 1) Table showing Risk Factors and hazard rankings. 2) Description of risk factor methodology. 3) Table depicting jurisdictional hazard risk. Step 5: Describe Asset Vulnerability of Future Development. 1) Description of how future land uses and development trends are expected to impact

vulnerability. CAPABILITY ASSESSMENT Step 1: Complete the Capability Assessment Survey. 1) Completed Capability Assessment Survey for each participating jurisdiction and the county. Step 2: Compile and Analyze Information from the Capability Assessment. 1) Complete capability inventory including a table of planning tools. 2) Descriptions of all local capabilities and existing limitations. 3) Completed Self-Assessment Capability Matrix. Step 3: Determine Participation in the National Flood Insurance Program (NFIP). 1) Completed NFIP Checklist(s). 2) Description of the level of participation and NFIP compliance. Step 4: Describe integration with existing planning mechanisms. 1) Summary of how the hazard mitigation has been or will be integrated into existing plans and programs and how other planning mechanisms have been incorporated into the hazard mitigation plan. MITIGATION STRATEGY Evaluating Existing Hazard Mitigation Goals, Objectives, and Action Plan Step 1: Review the Existing Mitigation Plan Goals and Objectives. 1) Summary table of information collected from the Goal and Objective Review

Worksheet. 2) Compilation of Goal and Objective Review Worksheets. Step 2: Review the Existing Mitigation Action Plan. 1) Summary table of information collected from the Mitigation Action Plan Review

Worksheet. 2) Compilation of Mitigation Action Plan Review Worksheets. Updating Mitigation Goals and Objectives Step 1: Review Key Items. 1) A narrative of the evaluation of the updated risk and capability assessments and

existing goals and objectives. Step 2: Develop Mitigation Goals and Objectives. 1) List of updated mitigation goals and objectives with applicable public participation

documentation. Step 3: Include Goals and Objectives Related to NFIP Requirements. 1) List of goals and objectives related to continued NFIP compliance.

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

STEPS AND CORRESPONDING PRODUCTS COMPLETE Evaluating Mitigation Techniques for Profiled Hazards Step 1: Review the Four Categories of Mitigation Techniques. Step 2: Complete the Mitigation Technique Matrix. 1) Matrix of hazards and corresponding mitigation techniques. Developing the Mitigation Action Plan Step 1: Brainstorm Possible Mitigation Actions. 1) Description of how mitigation actions were selected. Step 2: Include NFIP-Related Mitigation Actions. 1) List of NFIP mitigation actions related to continuing compliance with NFIP regulations. Step 3: Evaluate and Prioritize Mitigation Actions. 1) Description of the processes followed to evaluate and prioritize mitigation actions, including consideration of whether certain mitigation techniques are more or less appropriate for historic buildings and other local resources that are uniquely important. 2) Mitigation Action Evaluation table. Step 4: Develop Mitigation Action Plans for Each Participating Jurisdiction. 1) Mitigation action plan which includes actions for each participating jurisdiction. PLAN MAINTENANCE Step 1: Update the Process for Monitoring, Evaluating, and Updating the HMP. 1) A description of the methodology to maintain plan over five-year cycle. 2) Tables documenting annual meetings held by the planning team and any changes made

to the plan (between updates). Step 2: Describe Continued Public Participation. 1) Description of how public participation will be maintained over the next five years. INTRODUCTION Step 1: Complete Background Information. 1) Background section with information on hazard mitigation planning and preparation. Step 2: Develop Purpose. 1) Description of purpose for hazard mitigation plan development. Step 3: Prepare Scope. 1) Description of the scope for the plan. Step 4: Document Authority and References. 1) List of federal, state and local authorities and references. PLAN ADOPTION Step 1: Submit Updated Hazard Mitigation Plan. 1) A complete, updated plan submitted to PEMA’s State Hazard Mitigation Officer. 2) A completed Local Mitigation Plan Review Tool. Step 2: Submit Documentation of Formal Adoption. 1) Documentation on resolution of formal adoption by all participating jurisdictions.

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LOCAL MITIGATION PLAN REVIEW TOOL 2020

The Local Mitigation Plan Review Tool demonstrates how the Local Mitigation Plan meets the regulation in 44 CFR §201.6 and offers States and FEMA Mitigation Planners an opportunity to provide feedback to the community.

• The Regulation Checklist provides a summary of FEMA’s evaluation of whether the Plan has addressed all requirements. • The Plan Assessment identifies the plan’s strengths as well as documents areas for future improvement. • The Multi-jurisdiction Summary Sheet is an optional worksheet that can be used to document how each jurisdiction met the requirements of each Element of the Plan (Planning Process; Hazard Identification and Risk Assessment; Mitigation Strategy; Plan Review, Evaluation, and Implementation; and Plan Adoption).

The FEMA Mitigation Planner must reference this Local Mitigation Plan Review Guide when completing the Local Mitigation Plan Review Tool.

Jurisdiction: Title of Plan: Date of Plan:

Local Point of Contact: Address:

Title:

Agency:

Phone Number: E-Mail:

State Reviewer: Title: Date:

FEMA Reviewer: Title: Date:

Date Received in FEMA Region (insert #) Plan Not Approved Plan Approvable Pending Adoption Plan Approved

Local Mitigation Plan Review Tool (2020) xi 64

SECTION 1: REGULATION CHECKLIST

INSTRUCTIONS: The Regulation Checklist must be completed by FEMA. The purpose of the Checklist is to identify the location of relevant or applicable content in the Plan by Element/sub-element and to determine if each requirement has been ‘Met’ or ‘Not Met.’ The ‘Required Revisions’ summary at the bottom of each Element must be completed by FEMA to provide a clear explanation of the revisions that are required for plan approval. Required revisions must be explained for each plan sub-element that is ‘Not Met.’ Sub-elements should be referenced in each summary by using the appropriate numbers (A1, B3, etc.), where applicable. Requirements for each Element and sub- element are described in detail in this Plan Review Guide in Section 4, Regulation Checklist.

1. REGULATION CHECKLIST Location in Plan (section and/or Not Regulation (44 CFR 201.6 Local Mitigation Plans) page number) Met Met

ELEMENT A. PLANNING PROCESS A1. Does the Plan document the planning process, including how it was prepared and who was involved in the process for each jurisdiction? (Requirement §201.6(c)(1)) A2. Does the Plan document an opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development as well as other interests to be involved in the planning process? (Requirement §201.6(b)(2)) A3. Does the Plan document how the public was involved in the planning process during the drafting stage? (Requirement §201.6(b)(1)) A4. Does the Plan describe the review and incorporation of existing plans, studies, reports, and technical information? (Requirement §201.6(b)(3)) A5. Is there discussion of how the community(ies) will continue public participation in the plan maintenance process? (Requirement §201.6(c)(4)(iii)) A6. Is there a description of the method and schedule for keeping the plan current (monitoring, evaluating and updating the mitigation plan within a 5-year cycle)? (Requirement §201.6(c)(4)(i)) ELEMENT A: REQUIRED REVISIONS

ELEMENT B. HAZARD IDENTIFICATION AND RISK ASSESSMENT

Local Mitigation Plan Review Tool (2020) xii 65

1. REGULATION CHECKLIST Location in Plan (section and/or Not Regulation (44 CFR 201.6 Local Mitigation Plans) page number) Met Met B1. Does the Plan include a description of the type, location, and extent of all natural hazards that can affect each jurisdiction(s)? (Requirement §201.6(c)(2)(i)) B2. Does the Plan include information on previous occurrences of hazard events and on the probability of future hazard events for each jurisdiction? (Requirement §201.6(c)(2)(i)) B3. Is there a description of each identified hazard’s impact on the community as well as an overall summary of the community’s vulnerability for each jurisdiction? (Requirement §201.6(c)(2)(ii)) B4. Does the Plan address NFIP insured structures within the jurisdiction that have been repetitively damaged by floods? (Requirement §201.6(c)(2)(ii)) ELEMENT B: REQUIRED REVISIONS

ELEMENT C. MITIGATION STRATEGY C1. Does the plan document each jurisdiction’s existing authorities, policies, programs and resources and its ability to expand on and improve these existing policies and programs? (Requirement §201.6(c)(3)) C2. Does the Plan address each jurisdiction’s participation in the NFIP and continued compliance with NFIP requirements, as appropriate? (Requirement §201.6(c)(3)(ii)) C3. Does the Plan include goals to reduce/avoid long-term vulnerabilities to the identified hazards? (Requirement §201.6(c)(3)(i)) C4. Does the Plan identify and analyze a comprehensive range of specific mitigation actions and projects for each jurisdiction being considered to reduce the effects of hazards, with emphasis on new and existing buildings and infrastructure? (Requirement §201.6(c)(3)(ii)) C5. Does the Plan contain an action plan that describes how the actions identified will be prioritized (including cost benefit review), implemented, and administered by each jurisdiction? (Requirement §201.6(c)(3)(iv)); (Requirement §201.6(c)(3)(iii)) C6. Does the Plan describe a process by which local governments will integrate the requirements of the mitigation plan into other planning mechanisms, such as comprehensive or capital improvement plans, when appropriate? (Requirement §201.6(c)(4)(ii)) ELEMENT C: REQUIRED REVISIONS

Local Mitigation Plan Review Tool (2020) xiii 66

1. REGULATION CHECKLIST Location in Plan (section and/or Not Regulation (44 CFR 201.6 Local Mitigation Plans) page number) Met Met

ELEMENT D. PLAN REVIEW, EVALUATION, AND IMPLEMENTATION (applicable to plan updates only) D1. Was the plan revised to reflect changes in development? (Requirement §201.6(d)(3)) D2. Was the plan revised to reflect progress in local mitigation efforts? (Requirement §201.6(d)(3)) D3. Was the plan revised to reflect changes in priorities? (Requirement §201.6(d)(3)) ELEMENT D: REQUIRED REVISIONS

ELEMENT E. PLAN ADOPTION E1. Does the Plan include documentation that the plan has been formally adopted by the governing body of the jurisdiction requesting approval? (Requirement §201.6(c)(5)) E2. For multi-jurisdictional plans, has each jurisdiction requesting approval of the plan documented formal plan adoption? (Requirement §201.6(c)(5)) ELEMENT E: REQUIRED REVISIONS

OPTIONAL: HIGH HAZARD POTENTIAL DAM (HHPD) RISKS HHPD1. Did Element A4 (planning process) describe the incorporation of existing plans, studies, reports, and technical information for high hazard potential dams? HHPD2. Did Element B3 (risk assessment) address HHPDs?

HHPD3. Did Element C3 (mitigation goals) include mitigation goals to reduce long-term vulnerabilities from high hazard potential dams that pose an unacceptable risk to the public? HHPD4. Did Element C4-C5 (mitigation actions) address HHPDs prioritize mitigation actions to reduce vulnerabilities from high hazard potential dams that pose an unacceptable risk to the public? REQUIRED REVISIONS

ELEMENT F. ADDITIONAL STATE REQUIREMENTS (OPTIONAL FOR STATE REVIEWERS ONLY; NOT TO BE COMPLETED BY FEMA) F1.

F2.

ELEMENT F: REQUIRED REVISIONS

Local Mitigation Plan Review Tool (2020) xiv 67

SECTION 2: PLAN ASSESSMENT

INSTRUCTIONS: The purpose of the Plan Assessment is to offer the local community more comprehensive feedback to the community on the quality and utility of the plan in a narrative format. The audience for the Plan Assessment is not only the plan developer/local community planner, but also elected officials, local departments and agencies, and others involved in implementing the Local Mitigation Plan. The Plan Assessment must be completed by FEMA. The Assessment is an opportunity for FEMA to provide feedback and information to the community on: 1) suggested improvements to the Plan; 2) specific sections in the Plan where the community has gone above and beyond minimum requirements; 3) recommendations for plan implementation; and 4) ongoing partnership(s) and information on other FEMA programs, specifically Risk MAP and Hazard Mitigation Assistance programs. The Plan Assessment is divided into two sections:

1. Plan Strengths and Opportunities for Improvement 2. Resources for Implementing Your Approved Plan

Plan Strengths and Opportunities for Improvement is organized according to the plan Elements listed in the Regulation Checklist. Each Element includes a series of italicized bulleted items that are suggested topics for consideration while evaluating plans, but it is not intended to be a comprehensive list. FEMA Mitigation Planners are not required to answer each bullet item and should use them as a guide to paraphrase their own written assessment (2-3 sentences) of each Element.

The Plan Assessment must not reiterate the required revisions from the Regulation Checklist or be regulatory in nature and should be open-ended and to provide the community with suggestions for improvements or recommended revisions. The recommended revisions are suggestions for improvement and are not required to be made for the Plan to meet Federal regulatory requirements. The italicized text should be deleted once FEMA has added comments regarding strengths of the plan and potential improvements for future plan revisions. It is recommended that the Plan Assessment be a short synopsis of the overall strengths and weaknesses of the Plan (no longer than two pages), rather than a complete recap section by section.

Resources for Implementing Your Approved Plan provides a place for FEMA to offer information, data sources and general suggestions on the plan implementation and maintenance process. Information on other possible sources of assistance including, but not limited to, existing publications, grant funding or training opportunities, can be provided. States may add state and local resources, if available.

Local Mitigation Plan Review Tool (2020) xv 68

A. Plan Strengths and Opportunities for Improvement This section provides a discussion of the strengths of the plan document and identifies areas where these could be improved beyond minimum requirements.

Element A: Planning Process How does the Plan go above and beyond minimum requirements to document the planning process with respect to:

• Involvement of stakeholders (elected officials/decision makers, plan implementers, business owners, academic institutions, utility companies, water/sanitation districts, etc.); • Involvement of Planning, Emergency Management, Public Works Departments or other planning agencies (i.e., regional planning councils); • Diverse methods of participation (meetings, surveys, online, etc.); and • Reflective of an open and inclusive public involvement process.

Element B: Hazard Identification and Risk Assessment In addition to the requirements listed in the Regulation Checklist, 44 CFR 201.6 Local Mitigation Plans identifies additional elements that should be included as part of a plan’s risk assessment. The plan should describe vulnerability in terms of:

1) A general description of land uses and future development trends within the community so that mitigation options can be considered in future land use decisions; 2) The types and numbers of existing and future buildings, infrastructure, and critical facilities located in the identified hazard areas; and 3) A description of potential dollar losses to vulnerable structures, and a description of the methodology used to prepare the estimate.

How does the Plan go above and beyond minimum requirements to document the Hazard Identification and Risk Assessment with respect to:

• Use of best available data (flood maps, Hazus, flood studies) to describe significant hazards; • Communication of risk on people, property, and infrastructure to the public (through tables, charts, maps, photos, etc.); • Incorporation of techniques and methodologies to estimate dollar losses to vulnerable structures; • Incorporation of Risk MAP products (i.e., depth grids, Flood Risk Report, Changes Since Last FIRM, Areas of Mitigation Interest, etc.); and • Identification of any data gaps that can be filled as new data became available.

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Element C: Mitigation Strategy How does the Plan go above and beyond minimum requirements to document the Mitigation Strategy with respect to:

• Key problems identified in, and linkages to, the vulnerability assessment; • Serving as a blueprint for reducing potential losses identified in the Hazard Identification and Risk Assessment; • Plan content flow from the risk assessment (problem identification) to goal setting to mitigation action development; • An understanding of mitigation principles (diversity of actions that include structural projects, preventative measures, outreach activities, property protection measures, post-disaster actions, etc.); • Specific mitigation actions for each participating jurisdiction that reflects their unique risks and capabilities; • Integration of mitigation actions with existing local authorities, policies, programs, and resources; and • Discussion of existing programs (including the NFIP), plans, and policies that could be used to implement mitigation, as well as document past projects.

Element D: Plan Update, Evaluation, and Implementation (Plan Updates Only) How does the Plan go above and beyond minimum requirements to document the 5-year Evaluation and Implementation measures with respect to:

• Status of previously recommended mitigation actions; • Identification of barriers or obstacles to successful implementation or completion of mitigation actions, along with possible solutions for overcoming risk; • Documentation of annual reviews and committee involvement; • Identification of a lead person to take ownership of, and champion the Plan; • Reducing risks from natural hazards and serving as a guide for decisions makers as they commit resources to reducing the effects of natural hazards; • An approach to evaluating future conditions (i.e. socio-economic, environmental, demographic, change in built environment etc.); • Discussion of how changing conditions and opportunities could impact community resilience in the long term; and • Discussion of how the mitigation goals and actions support the long-term community vision for increased resilience.

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B. Resources for Implementing Your Approved Plan Ideas may be offered on moving the mitigation plan forward and continuing the relationship with key mitigation stakeholders such as the following:

• What FEMA assistance (funding) programs are available (for example, Hazard Mitigation Assistance (HMA)) to the jurisdiction(s) to assist with implementing the mitigation actions? • What other Federal programs (National Flood Insurance Program (NFIP), Community Rating System (CRS), Risk MAP, etc.) may provide assistance for mitigation activities? • What publications, technical guidance or other resources are available to the jurisdiction(s) relevant to the identified mitigation actions? • Are there upcoming trainings/workshops (Benefit-Cost Analysis (BCA), HMA, etc.) to assist the jurisdictions(s)? • What mitigation actions can be funded by other Federal agencies (for example, U.S. Forest Service, National Oceanic and Atmospheric Administration (NOAA), Environmental Protection Agency (EPA) Smart Growth, Housing and Urban Development (HUD) Sustainable Communities, etc.) and/or state and local agencies?

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SECTION 3: MULTI-JURISDICTION SUMMARY SHEET

INSTRUCTIONS: For multi-jurisdictional plans, a Multi-jurisdiction Summary Spreadsheet must be completed by listing each participating jurisdiction, which required Elements for each jurisdiction were ‘Met’ or ‘Not Met,’ and when the adoption resolutions were received. This Summary Sheet does not imply that a mini-plan be developed for each jurisdiction; it should be used as an optional worksheet to ensure that each jurisdiction participating in the Plan has been documented and has met the requirements for those Elements (A through E).

MULTI-JURISDICTION SUMMARY SHEET Jurisdiction Requirements Met (Y/N) Type A. B. C. D. E. F. Jurisdiction Plan Mailing # (city/borough/ Email Phone Planning Hazard Mitigation Plan Review, Plan State Name POC Address Process Identification Strategy Evaluation & Adoption Require- township/ & Risk Implementation ments village, etc.) Assessment

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MULTI-JURISDICTION SUMMARY SHEET Jurisdiction Requirements Met (Y/N) Type A. B. C. D. E. F. Jurisdiction Plan Mailing # (city/borough/ Email Phone Planning Hazard Mitigation Plan Review, Plan State Name POC Address Process Identification Strategy Evaluation & Adoption Require- township/ & Risk Implementation ments village, etc.) Assessment

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

1 | Introduction 1.1 Overview During the last two decades, the approach to the emergency management cycle has evolved considerably. A renewed emphasis has been placed on planning for disasters before they occur as a complement to effective response and recovery. As a result, hazard mitigation planning has gained increasing prominence as a critical part of emergency management. Through sustained action to reduce or eliminate the long-term risk to human life, property, communities, and their sense of place, risks can be combated in a systematic and proactive, rather than reactive, manner.

Hazard mitigation continues to be important in Pennsylvania for the same reasons that it is nationally. By anticipating the nature and extent of hazards Start your plan and the way they affect our communities locally, life and property have been update now! preserved on an impressive scale. In Pennsylvania, hazard mitigation has centered on mitigating the impacts of flooding due to the Commonwealth’s A County Hazard particularly high exposure to this hazard. From acquisitions to structural Mitigation Plan Update elevations to flood control projects, mitigation actions pay dividends for Suggested Schedule is Pennsylvanians every year. In the process, mitigation activities have positive located at the effects throughout the emergency management cycle. As mitigation actions beginning of this reduce or eliminate losses from a disaster, response and recovery assets can be document on page iv. better focused.

Since anticipating hazards is such a critical part of hazard mitigation, hazard mitigation plans (HMPs) must be regularly reevaluated and revised so that our communities’ exposure to hazards is always accurately understood. The Federal Emergency Management Agency (FEMA) requires that every five years local HMPs be updated through a plan update process.

In Pennsylvania, counties generally prepare multi-jurisdictional HMPs that cover all the municipalities in their jurisdiction. Pennsylvania Emergency Management Agency (PEMA) developed this Pennsylvania Hazard Mitigation Plan Standard Operating Guide (SOG) in 2010 to streamline the HMP update process for Pennsylvania counties. The SOG was updated in 2013 and 2020. By using this SOG, local jurisdictions and their agents will be able to efficiently prepare FEMA-approvable HMPs.

FEMA and PEMA encourage multi-jurisdictional planning at the county level. County level multi-jurisdictional HMPs are the most efficient and practical way of completing plans, especially in a Commonwealth with so many municipalities. The county level multi-jurisdictional planning process must be inclusive for municipalities, universities, and stakeholders. Pennsylvania has one single jurisdictional HMP for the City of Philadelphia where the county and municipal boundaries are the same. Universities with existing HMPs within the Pennsylvania State System of Higher Education network are encouraged to participate in the next update to their county HMP. PEMA will not consider

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PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE funding single jurisdictions or colleges and universities who choose to prepare individual HMPs. Colleges, universities and other institutions should support the hazard mitigation planning process in the county in which they are located.

The intent of the guide is to 1) clarify existing guidance so that emergency managers can focus the majority of their staff hours on planning mitigation actions and increasing the proportion of mitigation funding used directly for mitigation projects; and 2) provide communities more opportunities to excel technically in the preparation of HMPs so that the overall understanding of threats remains accurate and consistent, and that mitigation action taken continues to be appropriate to community character and each unique hazard threat environment.

Each section of this SOG captures a set of FEMA requirements so that communities’ efforts to prepare HMPs are rewarded with plan approval by FEMA. The Planning Process section reviews the requirements for public participation, approach to updating plans, and documentation of the plan creation or update process. Risk Assessment discusses how plan preparers are to document jurisdictions’ exposure to hazards. Capability Assessment outlines how to address community capacity opportunities for and challenges to mitigation in the HMP. Mitigation Strategy instructs plan preparers on how to reformulate plan goals and objectives over the subsequent five-year plan cycle to devise feasible and effective mitigation actions in their jurisdiction. Plan Maintenance reviews how local plan preparers will monitor, evaluate, and update the mitigation plan within the subsequent five-year plan cycle. It also discusses how local plan preparers are to maintain continuing public participation during this period and how they are to integrate the mitigation plan with other local planning mechanisms. Plan Adoption includes the schedule and manner in which local jurisdictions must adopt plan updates. The last section of the guide, Mitigation Implementation, aids jurisdictions in carrying out mitigation strategies. It explores the funding streams available for mitigation action and provides direction on how to undertake such action so that the best mitigation measures are selected and efficiently pursued. Sections 2 through 6 of this SOG (those based primarily on FEMA regulations for plan updating) contain “steps” and “products.” Steps are the actions required to update an HMP, and products are the documentation of such actions in the final updated HMP.

This SOG also incorporates considerations for protecting historic and cultural resources that are vulnerable to natural hazards, highlighting why preserving these resources is fundamental to preserving community character and sense of place.

In May 2019 the Department of Homeland Security made funding available for through the High Hazard Potential Dams (HHPD) Rehabilitation Program under the National Dam Safety Program. Applicants must meet program requirements by addressing dam risk in HMPs and Environmental Planning and Historic Preservation (EHP) compliance. This SOG includes guidance for incorporating HHPD elements into the HMP.

There are several appendices to this SOG. They include a model plan outline (MPO) to be used for HMP updates in the Commonwealth and various job aids and questionnaires to be used throughout the planning process.

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1.2 Multi-Jurisdictional Planning The responsibility for emergency management in the United States is shared across many levels of government and the private and nonprofit sectors. In Pennsylvania, counties generally prepare multi- jurisdictional HMPs that cover all the municipalities in their jurisdiction. FEMA and PEMA encourage multi-jurisdictional plans such as these. Jurisdictions benefit from participating in a multi-jurisdictional planning process because it enables a comprehensive approach to the mitigation of hazards that affect multiple jurisdictions, avoids duplication of efforts, imposes an external discipline on the process, and allows jurisdictions to leverage individual capabilities and share costs and resources. These integrated HMPs make best use of scarce resources and build more resilient communities. While most issues are better resolved by evaluating hazards more comprehensively at the county level, municipalities should address their risks and impacts by developing projects specific to their hazard needs. These focused issues are then included in the county HMP. Entities such as individual municipalities, cities, universities, colleges, school districts and private nonprofit organizations and utilities may wish to draft their own HMPs to specifically address risks and elements that are unique to them. However, PEMA will not consider funding requests for single jurisdictions or institutional HMPs.

Pennsylvania County HMPs must follow the format of the Pennsylvania Model Plan Outline and found in Appendix 1 of this SOG. County plans which do not follow the format will not be considered for review. County plans must use the FEMA standard hazard definitions found in Appendix 6 of this guide. County plans do not have to profile all of the hazards profiled in the Commonwealth of Pennsylvania State HMP, however all hazards profiled must use the FEMA definition for consistency and to ensure stakeholders have a common understanding of risk and vulnerability across all HMPs. For new hazards or those without a standard FEMA definition such as the opioid crisis, counties should use the SOG definition also found in Appendix 1.

1.3 State Hazard Mitigation Plan The Commonwealth of Pennsylvania, under the Disaster Mitigation Act of 2000 (DMA 2000) which amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), is required to have a State HMP in order to receive certain types of disaster assistance and hazard mitigation funding. Mitigation planning requirements emphasize greater interaction between State and local mitigation activities to ensure comprehensive mitigation planning takes place. It is important for local jurisdictions and the Commonwealth to approach hazard mitigation planning in a mutually beneficial manner. State and local planning efforts must remain consistent in order to streamline hazard mitigation planning and achieve successful implementation of effective mitigation actions.

As a local jurisdiction, you should review and evaluate the State HMP before proceeding to update your own HMP. All local plans should integrate, to the extent possible, the hazard mitigation goals and objectives of the state. Likewise, the Commonwealth is required to integrate hazard mitigation information that you provide in your plan, into the State HMP. The State HMP can be a useful tool when developing or updating your own plan. It provides a list of the most common and threatening hazards that have been identified by the State and can be used as a resource to help you gather data on past and future occurrence, vulnerability and risk. In addition, the State plan includes a Mitigation Strategy which should be taken into consideration and linked with your own HMP to the extent possible.

Pennsylvania’s first plan was drafted and approved in 2004 which was the beginning of federally required HMPs in order to obtain funds for mitigation projects. All state HMPs must be updated every

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five years. An electronic copy of the current State HMP can be obtained by visiting the PEMA website at http://www.pema.state.pa.us or FEMA Guidance https://www.pennsylvaniahmp.com/home.

FEMA regularly updates

guidance related to 1.4 Authority and References hazard mitigation Authority for this guide originates from the following federal sources: planning. Visit • Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 fema.gov to find U.S.C., Section 322, as amended; current guidance. This • Code of Federal Regulations (CFR), Title 44, Parts 201 and 206; and SOG aims to condense • Disaster Mitigation Act of 2000, Public Law 106-390, as amended. the national guidance into single document Authority for this guide originates from the following Commonwealth of tailored to Pennsylvania sources: Pennsylvania. • Pennsylvania Emergency Management Services Code. Title 35, Pa C.S. The 2013 Local Section 101. Mitigation Planning • Pennsylvania Municipalities Planning Code of 1968, Act 247 as Handbook is the most reenacted and amended by Act 170 of 1988. current FEMA guidance • Commonwealth of Pennsylvania 2018 State Hazard Mitigation Plan, on hazard mitigation October 2018. planning. The handbook replaced the The following Federal Emergency Management Agency (FEMA) guides and earlier “386 series” on reference documents were used to prepare this document: hazard mitigation • FEMA. 386-6: Integrating Historic Property and Cultural Resource planning. Considerations into Hazard Mitigation Planning. May 2005. You may find additional • FEMA P-467-2: National Flood Insurance Program (NFIP) Floodplain helpful information in Management Bulletin: Historic Structures. May 2008. Integrating Historic • FEMA. Hazard Mitigation Assistance Unified Guidance. June 1, 2010. Property and Cultural • FEMA. Mitigation Ideas. A Resource for Reducing Risk to Natural Resource Hazards. January 2013. Considerations into • FEMA. Integrating Hazard Mitigation into Local Planning: Case Studies Hazard Mitigation Planning from May and Tools for Community Officials. March 1, 2013 2005. • FEMA. Local Multi-Hazard Mitigation Planning Guidance. July 1, 2008. • FEMA. Local Mitigation Planning Handbook. March 2013. • FEMA. Hazard Mitigation Assistance Guidance. February 27, 2015. • FEMA. Rehabilitation of High Hazard Potential Dams (HHPD) Grant Program FAQ. July 2019.

The following Pennsylvania Emergency Management Agency (PEMA) guides and reference documents were used to prepare this document: • PEMA. Administrative Processes. December 20, 2019. • PEMA. Hazard Mitigation Planning Made Easy!

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• PEMA. Mitigation Ideas: Potential Mitigation Measures by Hazard Type; A Mitigation Planning Tool for Communities. March 6, 2009.

The following Pennsylvania Historic Museums Commission (PHMC) guides and reference documents were used to prepare this document: • PHMC. Bureau of Historic Preservation’s Guidance for Historic Preservation Planning. April 2009.

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2 | Planning Process

44 CFR Requirement Part 201.6(b): [The planning process shall include]: 1) an opportunity for the public to comment on the plan during the drafting stage and prior to plan approval, 2) an opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate development, as well as businesses, academia and other private and non-profit interests to be involved in the planning process, and 3) the review and incorporation, if appropriate, of existing plans, studies, reports, and technical information. Part 201.6(c)(1): [The plan shall document] the planning process used to develop the plan, including how it was prepared, who was involved in the process, and how the public was involved.

OVERVIEW: A well-defined planning process is vital to the success of your HMP. To begin the update process, you must bring together a variety of stakeholders and solicit input from the public. Moreover, it is important that the processes used to review and update the plan be documented in detail. A Hazard Mitigation Planning Team (HMPT) must review and analyze each section of the plan and include documentation of that review. Documentation must also be provided to verify public and stakeholder participation throughout the entire process. Establishing a Steering Committee, which is a smaller group of usually 2- 5 individuals, to help drive the planning process and reconvene the HMPT is also recommended and proven to be effective.

HOW-TO: Documenting the process of updating your HMP is critically important to demonstrate that the plan has Required Format! been prepared in compliance with all applicable regulations. Eliciting participation from a broad range A hazard mitigation plan of stakeholders requires a systematic process, such as model plan outline (MPO) is the one described below. provided in Appendix 1 of Step 1: Build the Planning Team. this guide. Cues throughout An ideal HMPT consists of local emergency and this guide note locations floodplain management staff, planning staff and a were the products from each diverse set of stakeholders who will be affected by any step in the update process go mitigation action stemming from the plan. A in the MPO. stakeholder is any organization that has assets, operates in, or moves through the county. In addition, participation from each jurisdiction is required. In a plan update, it is worthwhile to engage the same stakeholders who were involved in the creation or update of the previous plan if possible. Pennsylvania State Historic Preservation Officer (SHPO) should be consulted early during the integration of historic and cultural resources into the hazard mitigation planning process. If feasible, working with a preservation professional who meets the Secretary of the Interior’s (SOI) Professional Qualifications Standards is also encouraged. Make an effort to include representatives from the following groups, departments and agencies:

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• Local and regional government: o Planning o Emergency Management o Public Health o GIS/Mapping

• Businesses and development organizations

• Universities and other academic institutions • Adjacent counties/communities • Pennsylvania Department of Community and Economic Development Sample Outreach • Pennsylvania Department of Environmental Protection Activities • Pennsylvania Emergency Management Agency • Pennsylvania Historic and Museum Commission • Conducting • County Conservation District outreach activities at pre-planned • Local Fire Department public events, such • Local Police Department as festivals and • Neighborhood groups and housing organizations fairs. • Environmental associations • Soliciting the • Local Historic Commission/Local Historic Architectural Review Board completion of surveys through representative meetings, mail or • State Historic Preservation Office Community Preservation Coordinator online. • Preservation professional meeting qualifications of SOI Standards • Placing • Nonprofit entities advertisements or • Volunteer disaster relief organizations such as the Red Cross announcements in your local After selecting HMPT members, assign responsibilities to the team members, newspaper, library, and define a schedule for the completion of the project. and grocery stores. • Create a project PRODUCT: website! 1) A list of individual participants and organizations involved in the planning process and a description of their roles. Insert this product into Section 3.2 of the MPO. 2) A description of the involvement of local municipalities in the update process and a matrix documenting the nature of the involvement of each jurisdiction’s participation in the planning process. Include a

documentation of attempts to engage municipal participation and note what the change in participation has been between the previous plan and the current plan. Insert this product into Section 3.5 of the MPO. Appendix 2 | contains a sample table that you can use to document municipal participation in the planning process. If a jurisdiction is not participating in the plan, include clear language of attempts to engage the jurisdiction.

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3) A discussion of past participation of local municipalities in the previously adopted plan. Insert this product into Section 3.5 of the MPO.

Step 2: Gather Tools. To begin, you will need to collect and inventory all of the existing data and information to which you should have relatively easy access. The following is a basic list of crucial and/or commonly used plans, checklists, tools, and data that will assist with you with kicking-off the HMP update process:

• Current County HMP in digital format (preferably an editable version such as Microsoft Word). Ensure you have a complete copy of the HMP that includes all supporting information; appendices, annexes, maps, charts and tables. Make every attempt to locate existing data files such as geospatial mapping data, so hazard maps will be easier to reproduce. • FEMA Local Mitigation Plan Review Tool that corresponds with you current HMP and should have recommended revisions from PEMA and/or FEMA for your next HMP update. When the updated HMP is submitted to PEMA/FEMA you must include an updated Plan Review Tool. • Pennsylvania State Hazard Mitigation Plan which is available on PEMA’s website. • Pennsylvania Hazard Mitigation Plan Standard Operating Guide (congratulations you can check this off of your list!) • County/Regional Comprehensive Plan • County Emergency Operations Plan • Zoning, Subdivision and Land Development codes • Emergency Action Plans (EAPs), inundation maps, or other dam risk related data and documentation (to meet HHPD funding requirements) • FEMA Flood Insurance Rate Map (FIRM) data, particularly the county flood risk database • FEMA Risk Mapping, Analysis and Planning (Risk MAP) data (where available). This may include a Discovery Report, Flood Risk Report, and/or Hazus analysis.

PRODUCT:

1) Data and documentation collection and inventory that will inform the planning process. Don’t forget to document how these tools were used to update the HMP!

Step 3: Create a Workspace. Getting numerous stakeholders together in one place can be challenging especially with size limitations, busy schedules and competing local priorities. Spend time at the beginning of the planning process considering physical space available to you for in-person meetings, as well as other workspace and meeting options such as online/virtual opportunities that will support collaboration and engagement.

When considering physical workspace ask the following questions: • How many seats will be needed? • Is table space necessary? • What about extra space for break-out and work groups? • Is audio-visual equipment available?

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• How far will stakeholders have to travel to meet in-person? Should there be multiple physical meeting locations offered or is one central workspace sufficient?

Online workspace can go a long way towards information sharing and sending and receiving data and feedback. Online options can also save time and money. Consider enhancing the planning process by taking advantage of some of these options: • Supplement in-person meetings by offering an online virtual meeting using webinar software. This may increase participation, especially for those stakeholders that are further away from the physical meeting

location.

• Hold teleconference meetings; these are especially valuable for smaller, interim meetings with Steering Committees and established workgroups. • Set up an HMP project website (or page on the county website) and store planning documentation, plan update information, and announcements on the site throughout the planning process while allowing for the receipt of questions and feedback via online forms. Sample Public Notice

Website analytics (tracking “hits” or site visits) is an important part of PUBLIC NOTICE this outreach tactic in order to document its effectiveness. Notice is hereby given that the Hazard County PRODUCT: Planning Commission and Emergency Management Agency 1) Designated physical and virtual workspace and tools to promote are in the process of participation and collaboration throughout the planning process. updating the Hazard County Hazard Step 4: Engage the Public and Other Stakeholders. Mitigation Plan. The final public meeting You must also engage the general public, not just county and municipality for the plan is officials and staff, throughout the planning process to meet federal scheduled for 7:00 pm requirements and to ensure that the plan will continue to be used to its full on Wednesday, potential. Therefore, you should invite the general public and local officials to November 14, 2019 at several forums to communicate the planning process and its implications and the Hazard County Courthouse, located at solicit focused input. A table containing Meeting Schedule Options can be 500 Mitigation Way, found at the end of this section. Consider using various types of available Hazard, Pennsylvania media to garner participation. Robust public participation is preferred, and 11911. The plan will attempts should be made to gain 100% municipal participation. Documenting be posted for review the opportunity to participate is a must for the HMP and be sure to include and comment through December 14, 2019 at clear language of attempts to engage jurisdictions that did not participate in www.HazcoHMP.com the last plan as well as efforts to re-engage those already participating in the For questions, please plan. contact Peter Prepared at 555-100-1000 or [email protected]. A comment period should be provided and advertised to allow an opportunity for the public and stakeholders to comment on the draft HMP. The comment

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PRODUCT: 1) A description of all meetings and forums (including public meetings) held

during the plan update process. Include meeting dates, locations, and

discussion topics for each meeting. Insert this product into Section 3.3 of

the MPO.

2) A description of the involvement of jurisdictions, the public, neighboring communities, any college or university representatives, local and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate development, as well as businesses, other academia, and other private and nonprofit interests throughout the planning process. Hazard Mitigation Insert this product into Section 3.4 of the MPO. Planning Checklist 3) A description of tools (worksheets and surveys) distributed to meeting and forum participants to solicit data, information, and comments. Insert this product into Section 3.4 of the MPO. 4) A compilation of meeting and outreach materials (invitations, agendas, sign- in sheets, minutes, completed worksheets and surveys, public announcements, press releases, mailing lists, and newspaper and website ✓ notices etc.) from all stages of the plan update process attesting to the Use the Hazard opportunities for and nature of stakeholder and public participation in the Mitigation Planning planning process. Insert this product into Appendix C of the MPO. Checklist found at the 5) Documentation of any comments received on the draft plan and instances of beginning of this document on page iii advertising of public access of the plan for comment (flyers, newspaper to ensure you have notices, websites). If a public notice is used, it should be placed in a completed all of the newspaper at least one week prior to the meeting. Insert this product into steps required for Section 3.4 of the MPO. your County HMP Update! Step 5: Sustain Outreach Activities throughout the Planning Process Create a schedule that provides ample opportunity for public comment and adhere to it. By sustaining public outreach activities throughout the planning process and continuing through the five-year cycle, you signal to the ultimate users and beneficiaries of the plan that their contributions are more than symbolic.

PRODUCT: 1) An HMP update and outreach schedule.

Step 6: Document the Approach to Updating Each Section of the Plan. It is important to document any changes from the previous plan that you make to your updated plan such as content and format. It is equally as important to state in text when there are no changes.

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PRODUCT: 1) A description of the approach of the HMPT to the update process for each section of the plan indicating which sections have been reviewed, revised, and what Jurisdictional changes have been made, such as incorporating Requirements for historic and cultural considerations. Also include a Participation discussion of specific changes in the process/procedures/ stakeholders. Insert this An approvable Hazard product into Sections 3.1, 4.1, 5.1, 6.1 and 7.1 of the Mitigation Plan must MPO. describe how each 2) A table summarizing changes to the format and jurisdiction participated in content of each section of the county’s previously the plan’s development. adopted HMP and the updated HMP. Insert this product into Section 3.1.

RESOURCES: • FEMA Local Mitigation Planning Handbook

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Example Meeting Schedules

Option* Summary Meetings Consider the Condensed option 3-4 Meetings: when working with a short • Kickoff timeframe for updating a plan • Risk Assessment and Capability Review Condensed and/or when a contractor has been • Mitigation Strategy Development and hired to assist in the plan update Review effort. The update could be • Draft Plan Review (Public Notice) completed in less than six months. 6 Meetings: • Kickoff The Standard option can be selected when there is ample time • Risk Assessment Review to complete the plan update and • Capability Assessment Standard can be used even when a • Mitigation Strategy Development and contractor has been hired. An Review updated plan could be completed • Draft Plan Review (Public Notice) in six to nine months. • Plan Implementation

This is the most participatory 9-12 Monthly Meetings: option. A contractor may assist, Meetings to be held monthly in addition to but much of the work is done by subgroup meetings. Meeting types will be the HMPT. The Enhanced option similar to those in the Standard option above. Enhanced will likely be the costliest option in Additional meetings will be held for risk terms of time and resources. Can assessment development and mitigation result in a plan update in 9-12 strategy development, largely to bring in months. experts to educate the HMPT. NOTE: The information in this table should be used only as a conceptual guide to help you get started with planning process. Your county will ultimately choose a meeting schedule that meets the unique needs of the community based on time and available resources. *Options are specific to the level of effort associated with outreach and engagement and do not represent any official plan “type”; established minimum requirements for HMP content apply to all participation options.

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3 | Community Profile

OVERVIEW: Community characteristics are the basic geographical, demographic, historic, cultural, and environmental features of a county and the jurisdictions within it. They are important for understanding the hazards as well as the response capabilities of a county in an enlarged context. By including information on these characteristics in your plan update, you enable all stakeholders involved in hazard mitigation to approach the more specialized aspects of mitigation. Maps are a useful tool for showing features of your community; maps that you create should be as locally specific as data allows. In this section, you should also cite any data sources and describe any data limitations encountered in preparation of the HMP update with a focus on geospatial data for structures, parcels, and critical facilities.

HOW-TO: Step 1: Describe Geography and the Environment. Describe the geographical location of the county and its land area. Describe its topography and any water features and watersheds in the county.

PRODUCT: 1) A description of the county’s geographical location, land area, topography, and water features in the designated section of the HMP. Insert this product into Section 2.1 of the MPO. 2) A base map for the county, showing municipal boundaries, major roads, railroads, water bodies, and surrounding counties. Insert this product into Section 2.1 of the MPO.

Step 2: Describe Community; Include Relevant Facts. Research and provide a description of the county and jurisdictions within it, including history, major industries, landmarks, cultural resources, and other places or information of interest.

PRODUCT: 1) A description of the county and its jurisdictions that includes history, major industries, landmarks, and other places or information of interest. Insert this product into Section 2.2 of the MPO. 2) A list and/or map of the location of known historic and cultural resources within the community that are vulnerable to natural hazards, and identification of areas that may need additional inventory, and where more research and surveying would be beneficial.

Step 3: Summarize Demographics. Provide a summary of the demographics within the county and its jurisdictions. Include data on population, population density, racial composition, age breakdown, income, and housing.

PRODUCT: 1) A summary of the demographics within the county and its jurisdictions, including population, population density, racial composition, age breakdown, income, and housing, presented in the designated location in the HMP. Insert this product into Section 2.3 of the MPO.

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2) Include a table of population by municipality. Insert this product into Section 2.3 of the MPO.

Step 4: Describe Growth Trends and Land Use. Research and describe the population growth rate of the county, existing and projected land uses, and the extent of developed area. Provide information where Historic and Cultural available on how land uses are changing. A map showing current land use is valuable information to help evaluate hazard areas. Resource Integration

Step 4 is a great place PRODUCT: to weave in additional

1) A summary of the growth trends in the county, including population information on how growth, changing land use, and the overall extent of developed area. history impacts the Insert this product into Section 2.4 of the MPO. development and

2) A map of existing land use for the county. Insert this product into Section resiliency of your 2.4 of the MPO. community. Maps showing historic Step 5: Describe Data Sources and Limitations. expansion and Describe and/or list the data sources used to provide the information in your HMP development in update. This may include geographic information system (GIS) data, Census data, relationship to hazards, tax data, critical facilities, and data used in the risk assessment and hazard profiles, and planned land use and historic and cultural resource inventories. Note major databases or datasets and development used along with corresponding sources. Also, note any data limitations that you provide valuable encounter such as limited data availability or outdated data. During the process of information. While hazard profiling (see Section 4.2 Profiling Hazards), it is likely that data limitations summarizing growth will be encountered. Data and information will be more readily available for some trends in the county, hazards than others. Use the most recent data sources available and if older consider including a information is the best available, state this in the plan. Appendix 14 |contains a map and description table of data sources that may be helpful for completion of the plan. Note that on how historic bibliographic material used for parenthetical in-text citations should be tracked development patterns separately and included in Appendix A (Bibliography) of the MPO. have your community. Have development PRODUCT: patterns decreased or 1) Discussion of the data sources used to provide the information in all increased your sections of the HMP and a summary of any data limitations encountered, community’s as well as opportunities for continued data gathering, updating, and vulnerability to hazards? Consider coordination. Insert this product into Section 2.5 of the MPO. mitigation actions to ensure future RESOURCES: development improves • Local Hazard Mitigation Plan community resiliency. • Local planning agency comprehensive plan(s) • United States Census Bureau materials • Metropolitan Planning Organization long-range plan(s) • Risk Assessment Hazard Data Sources (Appendix 14) • Existing county and local historic preservation plan(s) • Records of the State Historic Preservation Office or local planning office

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• PA Department of Community and Economic Development —County Profiles: https://www.workstats.dli.pa.gov/Products/CountyProfiles/Pages/default.aspx • The Center for Rural Pennsylvania—County profiles: https://www.rural.palegislature.us/county_profiles.cfm • United States Geological Survey—PA Water Science Center: http://pa.water.usgs.gov • United States Census Bureau—American Community Survey: http://www.census.gov/acs/ • National Park Service—National Register of Historic Places: https://www.nps.gov/nr/ • Pennsylvania Cultural Resource Geographic Information Systems (CRGIS): https://gis.penndot.gov/crgis

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4 | Risk Assessment 4.1 Identifying Hazards

44 CFR Requirement Part 201.6(c)(2)(i): The risk assessment shall include a description of the type of all [hazards] that can affect the jurisdiction.

OVERVIEW: Every Pennsylvania County must identify and prioritize natural and human-made hazards and risks and identify the appropriate mitigation actions for reducing losses. This will include reviewing detailed descriptions of all existing hazards and determining if new hazards are present that could affect your community, along with an analysis of the county’s vulnerability to those hazards.

Local risk assessments do not need to be based on the most sophisticated technology, but they do need to be accurate, current, and relevant. Your risk assessment, coupled with your mitigation strategy, will be considered and incorporated into Pennsylvania’s statewide evaluation of resources and will help to establish statewide goals. Each participating jurisdiction should complete the Hazard Identification and Risk Evaluation Worksheet provided in Appendix 4 | when beginning the Risk Assessment update. This ensures that each jurisdiction’s unique risk is captured in the HMP.

HOW TO: Risk Assessment update begins with reviewing current and new hazards that are a threat to the community. This identification process can be completed using the following steps:

Step 1: Document Past Presidential Disaster Declarations. A presidential disaster declaration is issued when a disaster has been determined to exceed the capabilities of state and local governments to respond. A list of past presidential disaster declarations in Pennsylvania through May 2020 is provided in Appendix 5 |. Declarations issued since May 2020 can be found online at: http://www.fema.gov/disasters. You may also wish to include and review gubernatorial disaster proclamations which are available on PEMA’s website online at https://www.pema.pa.gov/Governor-Proclamations/Pages/default.aspx. Identifying disaster

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PRODUCT: 1) A table of past presidential disaster declarations that apply to your community. You many also wish to include a table of gubernatorial disaster declarations. Insert this product into Section 4.2.1 of the MPO.

Step 2: Develop a List of Natural and Human-made Hazards for Your Community. At this point in the process, a hazard does not have to be considered high risk to be captured in your list of identified hazards. A comprehensive list of hazards ensures that no hazard has been omitted, and all potential hazards have been given consideration. Building this list should involve reviewing existing reports, such as the State HMP, or the community’s High Hazard Potential Dams current HMP, conducting interviews with experts or community leaders, reviewing previous incidences If there are High Hazard (particularly those that have occurred since the Potential Dams (HHPDs) in the development of the current HMP), and performing study area PEMA and FEMA other research. Provide a clear description of the strongly recommend including methodology used to select hazards in the plan and HHPD mitigation planning include how and why any hazards that have not been elements in your HMP so that profiled were dismissed. A list with descriptions of affected communities have natural and human-made hazards identified nationally is access to HHPD Rehabilitation provided for your consideration in Appendix 6 |. Grant funding.

Any new hazards not previously identified in the current HMP shall be considered in developing a list of hazards that may affect your community. Not all communities are susceptible to the same hazards, so care should be taken to inventory and categorize those disasters and hazards typical to your community’s region. Provide justification for dismissing any hazards during list development with special attention given to the dismissal of hazards identified in the previous HMP. If high ranking hazards were the focus of the majority of proposed mitigation actions in the existing plan, you should also address medium and low hazards in the plan update. Any hazard that is not possible or has historically not happened in the community can be eliminated from the plan by giving a description and discussion of the rationale for omission.

For each jurisdiction, describe the hazards that may impact your community, including their damage- causing characteristics, written from a broad perspective. Some hazards can be interrelated (for example, hurricane events can cause flooding and tornado activity), and thus discussion of these hazards may overlap, where necessary, throughout the risk assessment.

PRODUCT: 1) A comprehensive table of natural and human-made hazards that were identified through the risk assessment for the HMP. For each hazard in the table, summary information should be included about the evaluation of the hazard including whether or not it was profiled in the existing plan. Insert this product into Section 4.2.2 of the MPO.

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RESOURCES: • Commonwealth of Pennsylvania State Hazard Mitigation Plan • FEMA Local Mitigation Planning Handbook • FEMA 433: Using HAZUS-MH for Risk Assessment • NFPA 1600: Standard on Disaster/Emergency Management and Business Continuity Programs

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4.2 Profiling Hazards

44 CFR Requirement

Part 201.6(c)(2)(i): The risk assessment shall include a description of the location and extent of all [hazards] that can affect the jurisdiction. The plan shall include information on previous occurrences of hazard events and on the probability of future hazard events.

OVERVIEW: Hazard profiling investigates the impact, historical occurrence, and probability of future occurrence for hazards that can affect your community, as determined through hazard identification. Hazard profiling exposes the unique characteristics of individual hazards and begins the process of determining which areas within your community are vulnerable to a specific hazard event.

The community risk assessment will include a description of the location and extent of impact for all natural and human-made hazards that can affect your community. It will also include information on previous occurrences of hazard events and the probability of those events occurring in the future. If your planning area consists of multiple jurisdictions, then the local risk assessment must assess risks for each participating jurisdiction, highlighting those risks that are unique from those facing impacting the entire planning area.

HOW-TO: Develop a profile for each hazard that could impact your community. The hazard profile must incorporate any new data or other information that has become available since your previous HMP was developed, particularly information previously identified as missing or limited. You must identify all sources of data and information. Remember to continue documenting public participation and processes. The hazard profile must include the following six steps:

Step 1: Identify the Geographic Location. Map the areas that are subject to the hazards that can impact your community. This should be accomplished by Useful Tool! using the base map you created for your county in Section

3, Step 1, to provide consistent illustrations of the risks A list of hazard data sources posed by each identified hazard. Maps should focus on is provided in Appendix 14 | the county and/or the state, not the nation. At a of this guide. Websites, data, minimum, areas should be described through a narrative and hardcopy references summary. You must identify the geographic boundaries of provided in this list will assist a hazard impact using the most current information. in completing Hazard Profile

Steps 1-6. PRODUCT: 1) Map with summary illustrating the geographic location of each hazard. Insert this product into Section 4.3.X.1 of the MPO for each profiled hazard.

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Step 2: Define the Magnitude. Describe the magnitude for which your community could be impacted by a particular hazard event. Magnitude and severity are quantitative and/or qualitative measures of the strength of a particular hazard event Examples of Scientific Scales including minimum and maximum severity. Document the Used to Measure Hazard Extent worst recorded event for each hazard that occurred in the history of your community with a detailed narrative about

the event. If historical information is not available, • Beaufort Wind Scale describe a possible worst-case scenario. • Fujita Scale (tornadoes)

• Richter Scale (earthquakes) • Saffir-Simpson Scale PRODUCT: (hurricanes) 1) Summary of the potential extent of each hazard • TORRO Hail Scale 2) . Insert this product into Section 4.3.X.2 of the MPO for each profiled hazard. • Palmer Index (drought)

Step 3: Profile Past Occurrences. This task involves compiling data on hazard events from many different sources (websites, newspaper archives, local library sources, and anecdotal evidence from residents). Include as many past occurrence events as possible going back in time as far as data allows. Discuss hazard events that have occurred in or near the planning area. To the extent possible, your discussion should include the following information for each hazard event: • Date(s) of occurrence. • A general narrative of the overall impact of the event. • Recorded intensities or severity of the event (e.g., flood depth, wind speeds, or earthquake intensity). • Information on the local damage(s) that occurred (e.g., cost [s] associated with recovery efforts, property and infrastructure damage, casualties, loss of function, shelters activated, etc.). • Duration of the event.

PRODUCT: 1) A discussion of past occurrences including date, severity, loss, and duration and any other available information of each event. Insert this product into Section 4.3.X.3 of the MPO for each profiled hazard.

Step 4: Summarize Repetitive Loss Properties (Flood Hazard Only). Under the National Flood Insurance Program (NFIP), FEMA defines repetitive loss (RL) structures as structures covered by a contract for flood insurance that have incurred flood-related damages on two or more occasions during a ten-year period in which the cost of repair on average equaled or exceeded 25 percent of the value of the structure at the time of the flood event. Additionally, repetitive loss properties can be categorized as severe repetitive loss (SRL) properties which are single-family properties covered under NFIP flood insurance that: • Have at least four flood related damage claim payments (including building and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000; or

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• For which at least two separate claim payments (building payments only) have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building. • For both instances, at least two of the reference claims must have occurred within any 10-year period and must be greater than 10 days apart.

Your local mitigation plan must address RL and SRL properties by describing structure types (single family residential, non-residential etc.) and estimating the numbers of repetitive loss properties located in identified flood hazard areas in each jurisdiction. Note: Repetitive loss information is subject to the Privacy Act of 1974. Names of property owners and addresses of properties cannot be included in the plan, however, repetitive loss properties can be mapped on a broader level such as watershed or community.

PRODUCT: 1) A table summarizing the number and structure type (single family, non-residential etc.) of RL and SRL properties in each community. Insert this product into Section 4.3.X.3 of the MPO of the flood hazard profile.

Step 5: Establish Probability of Future Occurrence. The likelihood of a hazard event happening is usually expressed in terms of frequency. It is critically important to establish a probability of occurrence so that community officials can make informed decisions about the sustainability of future development and determine the feasibility of proposed mitigation projects. For example, a “1%-annual-chance flood” has a one percent chance, or probability, of occurring in any given year. Ideally, this section will provide statistical measures on the probability that a particular hazard event will occur in your community. Future occurrence probabilities presented in the current HMP must be updated or revised to reflect the newest information available for a particular hazard. Since predicting future hazard events is not an exact science, it is legitimate to base the prediction of future hazard occurrences on past occurrence. The more historical data you can obtain, the more accurate your calculated probability of future occurrence will be for a given hazard.

The HMPT should consider incorporating information about climate change into profiles for hazards that may be exacerbated by climate change such as flooding, drought, wildfire, extreme temperatures, invasive species, etc.

PRODUCT: 1) An assessment of the probability of future hazard Helpful Hint: events occurring. Insert this product into Section 4.3.X.4 of the MPO for each profiled hazard. When writing your Hazard Mitigation Plan, include Step 6: Determine Environmental Impacts. Product 1 of Step 6 for Certainly, any hazard event has the potential to impact environmental impacts, in the environment. For example, flood events may pollute the Range of Magnitude streams and rivers due to combined sewer overflows or section (4.3.X.2) of your plan. permanently disrupt the character of a community by damaging historic and cultural landscapes and resources, while a tornado or wind event will disperse trash and

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PRODUCT: 1) A list and/or description of the potential environmental impacts from each hazard. Insert this product into Section 4.3.X.2 of the MPO for each profiled hazard.

RESOURCES: • FEMA Local Mitigation Planning Handbook • FEMA 433: Using HAZUS-MH for Risk Assessment

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4.3 Assessing Vulnerability

44 CFR Requirement

Part 201.6(c)(2)(ii): The risk assessment shall include a description of the jurisdiction’s vulnerability to the hazards described in (c)(2)(i) of this section. The description shall include an overall summary

of each hazard and its impact on the community. The plan should describe vulnerability in terms of: 1) the types and numbers of existing and future buildings, infrastructure, and critical facilities located in the identified hazard areas and, 2) an estimate of the potential dollar losses to vulnerable structures identified in paragraph (c)(2)(i)(A) of this section and a description of the methodology used to prepare the estimate; 3) providing a general description of land uses and development trends within the community so that mitigation options can be considered in future land use decisions.

OVERVIEW: A vulnerability assessment applies the information collected through the hazard profile to your community’s assets to summarize the impacts from hazards on the community and its vulnerable structures. These impacts are represented by measures such as population at risk, percent damages, and dollar loss estimation. Understanding the presence of historic and cultural resources and potential impacts to them from hazards can help illustrate the risk to the character of a particular community. Information provided by the vulnerability assessment includes the areas of your community that are susceptible to each hazard and the areas where the highest losses could occur. This type of information will provide a factual basis for developing effective mitigation strategies.

The primary objective of the vulnerability assessment is to enable you to prioritize hazards of concern for your community, in relation to the most important and valuable community resources, so that a mitigation strategy can be developed.

HOW-TO: Hazard vulnerability analysis involves data collection and analysis on how the community may be impacted by different types of disasters. The purpose of this analysis is to identify weaknesses or vulnerabilities prior to an event so that mitigation action plans may prevent or reduce the potential impacts of disasters. Strong analysis includes both quantitative and qualitative methodologies; for instance, geographic information systems (GIS)-based analysis and local knowledge are both important inputs to identifying vulnerabilities. Hazard vulnerability analysis must include the following five steps:

Step 1: Inventory and Summarize Vulnerable Assets. Collect any updated inventories of existing buildings, infrastructure, historic and cultural resources, and critical facilities in hazard areas, including new development, re-developed areas, or assets located in newly annexed areas. At a minimum, consider the following items: • Building Stock Inventory • Critical Facilities • Manufactured Housing Units (Mobile Homes) • Transportation Systems (e.g., airways, highways, railways, waterways) • Lifeline Utility Systems (e.g., potable water, electricity, natural gas) • Communication Systems and Networks

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• High Potential Loss Facilities (e.g., nuclear power plants, dams) • Hazardous Material Facilities • Economic Elements • Special Consideration Areas • Natural Resource Areas • Historic and Cultural Resources (National Register listed and/or eligible properties, properties located within local districts, landmarks, archaeological sites, local programs/ordinances, other significant resources)

For historic and cultural resources, there are new properties becoming potentially significant every year, so updates to existing inventories can be valuable even where no physical changes have occurred. It is important to pursue opportunities to combine historic resource data and hazard mitigation data collection efforts. The PA SHPO should be consulted as it is possible that there are existing surveying efforts planned into which hazard risks can be incorporated. Appendix 17 provides data collection checklists for historic and cultural resources and flood vulnerability to assist you with this analysis.

Prepare descriptions for the structures that include construction characteristics, such as year built, building materials, freeboard, and foundation types, and indicate structures that are vulnerable to more than one hazard. For historic and cultural resources, consult with SHPO staff to determine if information is available for specific areas or if further inventory is required to document potential historic and cultural resources. To complete Step 1, consider the following actions: • Identify special high-risk groups, such as elderly, low-income, or disabled populations. • Estimate or count the total number of buildings and estimate the value of buildings and the number of people throughout your entire community and within previously identified hazard areas. • Calculate the proportion of vulnerable assets located within your community’s hazard areas versus assets located across your entire planning area. • Consider completed mitigation actions that reduce overall vulnerability. • Consider existing ordinances such as steep slope ordinances or ordinances requiring the anchoring of manufactured housing units that reduce overall vulnerability. • Consider National Register-listed and/or eligible resources and districts, as well as locally designated historic sites and districts.

For flood hazards only, your plan must include a map of the known flood hazards: the floodplain shown on the preliminary or effective Flood Insurance Rate Map (FIRM), critical facilities, structures, historic and cultural resources, areas not mapped on the FIRM that have flooded in the past, and any surface flooding identified in existing studies. Use the map to determine the number and type of critical facilities and manufactured housing units located in the special flood hazard areas (SFHA) for each jurisdiction. No new studies need to be conducted for the plan update.

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For dam hazards only, your plan should describe the risk and vulnerability to and from HHPD, including a description of upstream and downstream flooding potential, data on at risk populations, and a summary of potential impacts to critical facilities and infrastructure.

PRODUCT: 1) A table of critical facilities and the municipality in which each is located. Indicate whether the facilities are located within the geographic extent of each hazard whenever possible. Insert this product into Appendix E of the MPO. 2) An overall summary of your community’s vulnerability to each hazard that discusses the impact each hazard could have on your community, including a general description of the type and number of structures affected by each hazard type. Include existing and future buildings, infrastructure, critical facilities and important historic and cultural resources located in the identified hazard areas. If any colleges or universities are participating in the HMP, include unique vulnerabilities identified by the institution in the appropriate hazard profiles, including any buildings or infrastructure vulnerable to the profiled hazards. Describe any changes, clarifications, or refinements to the vulnerability assessment methodology included in your community’s previously approved HMP. Insert this product into Section 4.3.X.5 of the MPO for each profiled hazard. 3) Flood vulnerability maps that show critical facility locations. Insert this product into Appendix D of the MPO. 4) A summary of vulnerability for repetitive loss properties located within the identified flood hazard areas. Insert this product into Section 4.3.X.5 of the flood hazard profile. 5) Include documentation of the process and sources used to identify existing vulnerable structures, future structures, repetitive loss properties and historic and cultural resources. Insert this product into Section 4.4.1 of the MPO.

Step 2: Estimate Loss. You must update potential dollar loss estimates for vulnerable structures in your community. At a minimum, fair market and replacement value should be assessed. Additionally, content and functional loss and displacement cost can be included in the total dollar loss estimate.

• Fair Market or Assessed Value: Value is based on an independent appraisal by a licensed and certified appraiser. • Replacement Value: Current cost of returning an asset to its pre-damaged condition, using present-day cost of labor and materials. • Content Loss: Value of building’s contents, typically measured as a percentage of the building’s replacement value. • Functional Loss: The value of a building’s use or function that would be lost if it were damaged or closed. • Displacement Cost: The dollar amount required for relocation of the function (business or service) to another structure following a hazard event.

Your community’s HMP must explicitly recognize any changes to the methodology or assumptions used in the update of estimated potential dollar losses. This allows for straightforward comparison with past and future vulnerability assessment results.

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When possible, Hazus software, FEMA’s nationwide standardized GIS-based loss estimation tool for flood, hurricane wind, and earthquake should be used. Hazus is built on an integrated geographic information systems platform with a national inventory of baseline geographic data and U.S. Census data. Originally designed for the analysis of earthquake risk, FEMA has expanded the program to allow for the analysis of multiple hazards: namely the flood and wind (hurricane wind) hazards. Hazus uses a statistical approach and mathematical modeling of risk to predict a hazard’s frequency of occurrence and estimated impacts based on recorded or historic damage information. By providing estimates on potential losses, Hazus facilitates quantitative comparisons between hazards and may assist in the prioritization of hazard mitigation activities. Ensure that Hazus results reports are included as an appendix to your plan.

A relatively simple statistical risk assessment can be performed for hazards outside the scope of Hazus (e.g. winter storms, drought, terrorism, etc.). For those hazards, a GIS-based approach using the best available local data can be used. For example, using tax parcel or structure data to determine the number of mobile homes in a community would provide information on the value of properties most vulnerable to severe wind. When combined, the results of these vulnerability studies provide information on potential hazard losses (in dollars) along with the identification of specific community assets that are deemed potentially at risk.

PRODUCT: 1) An estimate of potential dollar losses from vulnerable structures for each identified hazard when dollar loss information is available. Insert this product into Section 4.4.3 of the MPO. 2) A description of the methodology used to prepare the potential dollar loss estimates for all losses (HAZUS, analyzing parcel data, etc.). When using Hazus, identify which version of Hazus is used and the level of Hazus analysis done. If a Level 2 analysis was not completed, state why and what data would be needed to do a Level 2 analysis. Insert this product into Section 4.4.3 of the MPO.

Step 3: Characterize Repetitive Loss Properties (Flood Only). The plan should describe vulnerability by presenting an estimate of the potential dollar losses to repetitive loss properties and the methodology used in estimate preparation, and by relating vulnerability to general land uses and development trends within repetitive loss areas.

PRODUCT: 1) An estimate of the potential dollar losses to repetitive loss properties. Insert this product into Section 4.4.3 of the MPO. 2) A general description of land use and development trends within repetitive loss areas. Insert this product into Section 4.4.4 of the MPO.

Step 4: Develop Risk Factor for Profiled Hazards. Ranking hazards helps communities set goals and strategies for mitigation based on their vulnerabilities. Risk Factor (RF) Methodology is a tool used to measure the degree of risk for identified hazards in a particular planning area. The RF can also be used to assist local community officials in ranking and prioritizing those hazards that pose the most significant threat to their area based on a variety of factors deemed important by the HMPT and other stakeholders in the hazard mitigation planning process.

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The RF system relies mainly on historical data, local knowledge and general consensus opinions from the HMPT. It is critical that these opinions are formed, and RF calculated after hazards have been profiled. Hazard profiling provides information (e.g. location and spatial extent, range of magnitude, previous occurrences, probability of future occurrence, etc.) that may not be immediately obvious beforehand. Be consistent in language between the hazard profiles and the risk factor table. The risk factor rankings should match the described probability, magnitude, impacts, and losses from each profile. The RF is used for hazards with no available GIS data or relevant information to perform quantitative analyses, and it can provide important insights to crosscheck or validate the quantitative results when they are available.

The RF approach produces numerical values that allow identified hazards to be ranked against one another (the higher the RF value, the greater the hazard risk). RF values are obtained by assigning varying degrees of risk to five categories for each hazard: probability, impact, spatial extent, warning time, and duration. Each degree of risk is assigned a value ranging from 1 to 4 with a corresponding weighing factor. The RF approach is summarized in the RF Approach table below. Based upon any unique concerns for the planning area, the HMPT may also adjust the RF weighting scheme. To calculate the RF value for a given hazard, the assigned risk value for each category is multiplied by the weighting factor. The sum of all five categories equals the final RF value, as demonstrated in the example equation: Hazards identified as high risk have risk factors greater than or equal to 2.5. Risk Factors ranging from 2.0 to 2.4 are considered moderate risk hazards. Hazards with Risk Factors less than 2.0 are considered low risk. According to the default weighting scheme applied, the highest possible RF value is 4.0. Prior to being finalized, RF values for each hazard must be reviewed by the HMPT.

Risk Factor Methodology Equation

RF Value = [(Probability x .30) + (Impact x .30) + (Spatial Extent x .20) + (Warning Time x .10) + (Duration x .10)]

A risk assessment result for the entire county does not mean that each municipality is at the same amount of risk to each hazard. Each jurisdiction should evaluate the countywide risk factors for each hazard and determine if its risk is greater than (>), less than (<), or equal to (=) the risk factor assigned to the county as a whole. Appendix 16 |contains a sample table for recording and comparing jurisdictional risk to hazards.

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Summary of Risk Factor (RF) Methodology Risk Assessment Degree of Risk Weight Category Level Criteria Index Value UNLIKELY LESS THAN 1% ANNUAL PROBABILITY 1

PROBABILITY POSSIBLE BETWEEN 1% & 49.9% ANNUAL PROBABILITY 2 What is the likelihood of 30% a hazard event occurring LIKELY BETWEEN 50% & 90% ANNUAL PROBABILITY 3 in a given year?

HIGHLY LIKELY GREATER THAN 90% ANNUAL PROBABILTY 4

VERY FEW INJURIES, IF ANY. ONLY MINOR PROPERTY MINOR DAMAGE & MINIMAL DISRUPTION ON QUALITY OF LIFE. 1 TEMPORARY SHUTDOWN OF CRITICAL FACILITIES.

MINOR INJURIES ONLY. MORE THAN 10% OF PROPERTY IMPACT IN AFFECTED AREA DAMAGED OR DESTROYED. In terms of injuries, LIMITED COMPLETE SHUTDOWN OF CRITICAL FACILITIES FOR 2 damage, or death, MORE THAN ONE DAY. would you anticipate impacts to be minor, 30% MULTIPLE DEATHS/INJURIES POSSIBLE. MORE THAN limited, critical, or 25% OF PROPERTY IN AFFECTED AREA DAMAGED OR catastrophic when a CRITICAL DESTROYED. COMPLETE SHUTDOWN OF CRITICAL 3 significant hazard event FACILITIES FOR MORE THAN ONE WEEK. occurs?

HIGH NUMBER OF DEATHS/INJURIES POSSIBLE. MORE THAN 50% OF PROPERTY IN AFFECTED AREA DAMAGED CATASTROPHIC OR DESTROYED. COMPLETE SHUTDOWN OF CRITICAL 4 FACILITIES FOR 30 DAYS OR MORE.

NEGLIGIBLE LESS THAN 1% OF AREA AFFECTED 1 SPATIAL EXTENT

How large of an area SMALL BETWEEN 1 & 10.9% OF AREA AFFECTED 2 could be impacted by a 20% hazard event? Are MODERATE BETWEEN 11 & 25% OF AREA AFFECTED 3 impacts localized or regional? LARGE GREATER THAN 25% OF AREA AFFECTED 4 MORE THAN 24 HRS SELF-DEFINED 1 WARNING TIME (NOTE: Levels of warning Is there usually some 12 TO 24 HRS SELF-DEFINED time and criteria that 2 lead time associated define them may be 10% with the hazard event? 6 TO 12 HRS SELF-DEFINED adjusted based on hazard 3 Have warning measures addressed.) been implemented? LESS THAN 6 HRS SELF-DEFINED 4 LESS THAN 6 HRS SELF-DEFINED 1 (NOTE: Levels of warning DURATION LESS THAN 24 HRS SELF-DEFINED time and criteria that 2 How long does the define them may be 10% hazard event usually LESS THAN 1 WEEK SELF-DEFINED adjusted based on hazard 3 last? addressed.) MORE THAN 1 WEEK SELF-DEFINED 4

PRODUCT: 1) A table that provides a Risk Factor for each hazard identified to guide mitigation goals and action plan creation. A template is provided for you in Appendix 8. Insert this product into Section 4.4.2. 2) A description of the risk factor approach methodology. Insert this product into Section 4.4.1 of the MPO.

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3) A table that provides a comparison of jurisdictional risk for each hazard to countywide risk. Insert this product into Section 4.4.2 of the MPO.

Step 5: Describe Asset Vulnerability of Future Development. It may be possible to identify future vulnerable assets as part of the update to your community’s asset inventory. Including this information is extremely valuable to your community’s risk assessment. Additionally, your community must describe vulnerability as it relates to existing land use, population growth, development types and trends, and historic context throughout your planning area by considering the following: • Amount and location of development growth over time • Similar land-use types with distinctly different population densities • Expected future land use based on comprehensive plans, zoning, redevelopment plans, or proposed annexation areas • Expected growth or redevelopment over the next five to 10 years

Often this information is discussed in the county comprehensive plan or in municipal land use plans. The information should be tied to hazard areas. If possible, overlay hazard mapping with expected future development/growth areas to spatially show future risk. A description should be provided if certain municipalities have experienced significant population growth stating why and indicating if the population growth has occurred in hazard-prone areas.

Continue to incorporate newly identified historic and cultural resources into the plan with each HMP update. Consult with PA SHPO staff to determine if new resources have been listed on the National Register.

PRODUCT: 1) A description of how land use and development trends are expected to impact vulnerability noting hazard-specific changes in vulnerability when possible. Insert this product into Section 4.4.4 of the MPO.

RESOURCES: • FEMA Local Mitigation Planning Handbook • Hazus (https://www.fema.gov/hazus) • FEMA: Assessing the Consequences of Dam Failure: A How-To Guide • Comprehensive land use plan • National Register of Historic Properties (NRHP) Inventory • Historic context data (settlement and development patterns, historically hazard-prone areas) • Pennsylvania Historical & Museum Commission (PHMC) State Historic Preservation Office Guidance for Historic Preservation Planning • Cultural Resources Geographic Information System: https://gis.penndot.gov/crgis

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5 | Capability Assessment

44 CFR Requirement Part 201.6(c)(4)(ii): [The plan shall include a] process by which local governments incorporate the requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital improvements, when appropriate.

OVERVIEW: Performing the capability assessment is important to formulate a viable mitigation strategy later in the planning process. A capability assessment has three components: an inventory of a jurisdiction’s existing planning and regulatory tools, an analysis of its capacity to use them effectively, and a review and summary of how the mitigation plan will be integrated into other planning mechanisms. The assessment process helps identify existing gaps, conflicts and/or weaknesses that may need to be addressed through future mitigation planning goals, objectives, and actions. It also highlights the measures in place that merit continued support and enhancement through future mitigation efforts. The capability assessment helps to ensure that proposed mitigation actions are practical considering the local ability to implement them.

HOW-TO: Step 1: Complete the Capability Assessment Survey.

PRODUCT: 1) A completed Capability Assessment Survey for each participating jurisdiction and the county. A blank survey is located in Appendix 3 |. Completed surveys should be inserted into the updated plan. Insert this product into Appendix C, Meeting and Other Participation Documentation, of the MPO.

Step 2: Compile and Analyze Information from the Capability Helpful Hint! Assessment. Create an inventory of existing documents, programs and regulatory Develop mitigation tools. Describe how each identified program relates to hazard actions that will address mitigation. Identify any existing gaps, weaknesses or conflicts within any gaps identified in the planning area. This will help guide the mitigation strategy local mitigation process and permit possible future improvement in your capabilities. capabilities.

PRODUCT: 1) A capability inventory. Include a table of planning tools (comprehensive plan, building code, floodplain ordinance – NFIP participation, subdivision and land development ordinance, zoning ordinance, historic preservation plan and/or ordinance) adopted by each municipality. Insert this product into Section 5.2.1 of the MPO. 2) Descriptions of all of the planning mechanisms and local capabilities currently in place in your jurisdiction and how each one aids hazard mitigation efforts as well as a summary of existing limitations to hazard mitigation capabilities. Organize the descriptions in the following sub- categories:

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• Planning and Regulatory • Administrative and Technical • Financial Capability • Education and Outreach Insert this product into the corresponding sub-sections (5.2.1, 5.2.2, 5.2.3, 5.2.4) of the MPO. 3) A completed Self-Assessment Capability Matrix (SOG Appendix 3), which records the results from Section 5 of the Capability Assessment Survey completed by each jurisdiction. Insert this product into Section 5.2.5 Self-Assessment of the MPO.

Step 3: Determine Participation in the National Flood Insurance Program (NFIP). All mitigation plans must describe each jurisdiction’s participation in the NFIP and must identify how the current nature of participation aids hazard mitigation efforts. If there are non-participating jurisdictions, discussion on any efforts being made to encourage them to become members of the program. Note which communities use the PA Model Floodplain Management Ordinance if possible and if any communities have adopted more restrictive ordinances (specifically in areas such as freeboard, hazardous materials in the SFHA, and critical facilities in the SFHA). Also note which jurisdictions administer their own floodplain ordinance and which work with the county to administer on their behalf. Utilize the NFIP Checklist in Appendix 15 to assist with this task.

Identify historic structures in the floodplain that have obtained and maintained flood insurance through the NFIP, and those that have not. These structures can be insured at subsidized rates, providing a significant financial benefit to property owners. Flood insurance compensates for all covered losses, ensures historic structures can be repaired and restored, and is the best form of financial protection against the devastating effects of floods.

PRODUCT: 1) A completed Checklist to Identify Local Compliance with the National Flood Insurance Program (SOG Appendix 15) for each participating jurisdiction and the county. Completed checklists should be inserted into Appendix C, Meeting and Other Participation Documentation, of the MPO. 2) A description of each jurisdiction’s participation in the NFIP based on results from the completed NFIP checklist and how actions currently taken to comply with the NFIP relate to hazard mitigation. The description should include the following components: • Framework for managing the NFIP • Permitting process • How residents are assisted with mapping • Compliance and enforcement mechanisms (i.e. is PA Model Floodplain Management Ordinance used or is a more restrictive ordinance used) • Community Rating System (CRS) participation • Information on any sanctioned or suspended jurisdictions Insert this product into Section 5.2.1 of the MPO.

Step 4: Describe Integration with Existing Planning Mechanisms. Use and document 1) how your HMP has or will be integrated into local plans and programs, and 2) how existing mechanisms have been incorporated into your HMP.

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Review the previously approved HMP and determine how it was incorporated into other planning mechanisms over the last five years. Using this knowledge, describe how the updated mitigation strategy will be integrated with other strategies, goals and objectives in existing and future plans and reports, including those relevant to preserving and protecting historic and cultural resources. For example, was information from the previously approved HMP incorporated into a comprehensive plan update that took place over the last five years or if there is a comprehensive update planned for the near future, how will information from the updated HMP be incorporated into it? Additionally, the data collection process should be integrated where possible. For example, when surveying of historic and cultural resources is being undertaken by local or state entities, collecting natural hazard-related data should also be encouraged.

If your county has an approved Act 167 Plan, are there ways you can incorporate stormwater information from the plan into the flood profile of your HMP and vice versa. The following are a few examples of plans and documents that can be considered for review and integration: • Commonwealth of Pennsylvania State Hazard Mitigation Plan • Local Floodplain Management Ordinances • Local Stormwater Management Plans (i.e. Act 167 Plans) • County or Regional Comprehensive Plan • Emergency Operations Plan • County and Local Zoning and Sub-Division and Land Use Ordinances • Open Space and Greenways Plans • Watershed Plans • Disaster-Resistant University Plans • Recovery and Resiliency Plans • County and Local Historic Preservation Plans, HARB districts, Certified Local Government Guidelines, and other historic and cultural resource planning documents.

PRODUCT: 1) A summary of integration into existing mechanisms and incorporation of local plans and programs. Insert this product into Section 5.2.5 of the MPO.

RESOURCES: • FEMA Local Mitigation Planning Handbook • FEMA Integrating Hazard Mitigation Into Local Planning: Case Studies and Tools for Community Officials • FEMA 386-6: Integrating Historic Property and Cultural Resource Considerations Into Hazard Mitigation Planning • FEMA P-467-2: National Flood Insurance Program (NFIP) Floodplain Management Bulletin: Historic Structures • FEMA Hazard Mitigation: Integrating Best Practices into Planning • FEMA Mitigation Planning and the Community Rating System

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6 | Mitigation Strategy 6.1 Evaluating Existing Hazard Mitigation Goals, Objectives, and Action Plan

44 CFR Requirement Part 201.6(c)(3)(i): [The hazard mitigation strategy shall include a] description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards. OVERVIEW:

The HMPT will review the goals, objectives, and actions in the existing plan and note progress made toward goal achievement, reaffirm goals to be included in the update, and change goals based on current conditions, or discard them. Remaining goals and objectives will be coupled with new ones created later in the process to develop a new mitigation strategy.

HOW-TO: Step 1: Review the Existing Mitigation Plan Goals and Objectives. This step is best completed during the project mitigation solutions meeting and can be accomplished through conducting a group exercise or by administering a survey and compiling the results. Appendix 7 includes a Goal and Objective Review Worksheet that has been created to help you accomplish this task. This worksheet can be handed out at the mitigation solutions meeting and completed by meeting participants. Notes should be taken to reflect that each goal and objective was discussed, evaluated, what changes were made if any, and if any new goals or objectives should be added to the plan. All goals from the previous HMP must be kept or incorporated into the plan. If a goal is no longer relevant, its removal must be explained.

PRODUCT: 1) A summary table of information collected from the Goal and Objective Review Worksheets completed by participants of the project kickoff meeting. It should list all existing goals and objectives with supporting documentation and discussion relative to goal and objective review and public participation. Insert this product into Section 6.1 of the MPO. 2) Compilation of Goal and Objective Review Worksheets completed by participants at the project mitigation solutions meeting. Insert this product into Appendix C of the MPO.

Step 2: Review the Existing Mitigation Action Plan. The planning team should review existing mitigation actions by compiling a list of actions and collecting specific information for each, including progress made on the action since the last plan update, the status of the action (complete, in progress, continuous, or discontinued), whether the action should be continued in the current plan, and if the action is to be discontinued, the reason for its discontinuation. A narrative should be provided for each action to fully describe its status, including percent complete, conditions needed to complete the action, how frequently “continuous” actions occur, when and how a “completed” action was accomplished, etc. A Mitigation Action Plan Review Worksheet, located in Appendix 7, can be filled out by the members of the planning team for this step. The community should also highlight and describe any successful mitigation projects.

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PRODUCT: 1) A summary table of information collected from Mitigation Action Plan Review Worksheets completed by members of the planning team as part of the review process. It should list all mitigation actions from the current approved plan with supporting documentation and discussion relative to action review and public participation. Insert this product into Section 6.1 of the MPO. 2) Compilation of Mitigation Action Plan Review Worksheets completed by members of the planning team as part of the review process. Insert this product into Appendix C of the MPO.

RESOURCES: • Local Hazard Mitigation Plan • FEMA Local Multi-Hazard Mitigation Planning Guidance: Mitigation Strategy

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6.2 Update Mitigation Goals and Objectives

OVERVIEW: In this section of the HMP, you must update existing mitigation goals and objectives. Developing clear goals and objectives that reinforce your overall purpose and mission for undertaking a mitigation planning process keeps the HMPT focused and helps clarify solutions to problems and issues as they arise. Goals and objectives that are agreed upon by the planning team, elected officials, and the public provide the necessary framework upon which mitigation action decisions will be based.

HOW-TO: Step 1: Review Three Key Items: Updated Risk Assessment, Updated Capability Assessments, and Evaluation of Existing Goals and Objectives. To effectively formulate new goals and objectives, you must review key updated plan information. During this review, keep the following questions in mind:

• Do the goals and objectives identified in the previously approved plan reflect the updated risk assessment? • Did the goals and objectives identified in the previously approved plan lead to mitigation Helpful Tip! projects and/or changes in policy that helped the jurisdiction(s) reduce vulnerability? Goals are general guidelines that describe what your community • Do the goals and objectives identified in the would like to achieve. previously approved plan support changes in mitigation priorities? Objectives define strategies that • Do the goals identified in the updated plan must be implemented to reflect current state goals? achieve the identified goals. Objectives are specific and • Do the goals and objectives include hazard measurable. mitigation considerations for community historic and cultural resources?

PRODUCT: 1) A narrative of the evaluation of the updated risk and capability assessments and existing goals and objectives. Insert this product into Section 6.1 of the MPO.

Step 2: Develop Mitigation Goals and Objectives. Hazard mitigation goals are general guidelines that explain what you want to achieve in your community. They represent broad policy statements and are usually long-term and represent global visions. Hazard mitigation objectives define strategies or implementation steps to attain the identified goals but are not as specific as mitigation actions. Unlike goals, objectives are specific, measurable, and may have a defined completion date.

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Example Goal 1: Increase public awareness and support for hazard mitigation. Objective 1A: Publicize the hazard mitigation plan and encourage the implementation of mitigation actions. Goal 2: Protect vulnerable assets. Objective 2A: Enact appropriate regulatory measures to lessen the impact of future development on existing structures. Objective 2B: Update building codes to ensure that the most effective floodproofing standards are being utilized.

Be sure to consider whether the goals you are developing conflict with those of other community plans and the goals identified in Pennsylvania’s State HMP. Consider goals and objectives that focus on hazard mitigation for historic and cultural resources.

It is important that the goals and objectives are attainable and manageable. You must identify at least one objective for each goal, and objectives must always support the goal with which they are associated.

Include goals and strategies focused on reducing long-term vulnerability to high hazard potential dams to be eligible for HHPD grant funding.

PRODUCT: 1) A list of updated mitigation goals and objectives. Insert this product into Section 6.2 of the MPO. (Note Public participation involved in the development of mitigation goals and objectives should be described in Section 3.3 of the MPO and meeting documentation should be included in Appendix C of the MPO.)

Step 3: Include Goals and Objectives Related to a Jurisdiction’s Continued Compliance with NFIP Requirements. All mitigation plans must now describe each jurisdiction’s participation in the NFIP and must identify, analyze, and prioritize actions related to continued compliance. Since all actions must come from appropriately identified goals and objectives, the updated plan must incorporate goals and objectives that reasonably relate to these actions. Consider the following example of a goal and its related objective:

• Goal: Protect property from future flood damage. • Objective: Enact and enforce regulatory measures that ensure new development will not increase flood threats to new and existing properties.

In the above example, the goal and the objective reasonably relate to specific actions that would comply with NFIP requirements. Be sure to check applicable goals and their objectives to ensure that they support NFIP-compliant actions.

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PRODUCT: 1) Goals and objectives related to continued compliance with the NFIP included in the list of updated mitigation goals and objectives noted in the previous Product description. Insert this product into Section 6.2 of the MPO.

RESOURCES: • Local Hazard Mitigation Plan • FEMA Local Mitigation Planning Handbook • FEMA 386-6: Integrating Historic Property and Cultural Resource Considerations Into Hazard Mitigation Planning • FEMA Local Multi-Hazard Mitigation Planning Guidance: Mitigation Strategy • Updated Risk Assessment and Capability Assessment • Evaluation of goals and objectives in existing hazard mitigation plan • FEMA P-467-2: National Flood Insurance Program (NFIP) Floodplain Management Bulletin: Historic Structures • Secretary of the Interior’s Standards for the Treatment of Historic Properties

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6.3 Evaluating Mitigation Techniques for Profiled Hazards

44 CFR Requirement Part 201.6(c)(3)(ii): [The mitigation strategy shall include a section that identifies] a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard, with particular emphasis on new and existing buildings and infrastructure.

OVERVIEW: The mitigation strategy in the updated plan must analyze a comprehensive range of specific mitigation actions or projects being considered, with a particular emphasis on new and existing buildings. In this step, the categories of mitigation techniques will be evaluated against each hazard to see if they apply.

HOW-TO: Step 1: Review the Four Categories of Mitigation Techniques. To evaluate your mitigation actions, it is important to understand the four categories of hazard mitigation techniques defined by FEMA and outlined in the table below.

Mitigation Technique Description Examples • Comprehensive plans • Land use ordinances • Subdivision regulations • Development review • Building codes and These actions include government enforcement authorities, policies, or codes that Local plans and regulations • NFIP and CRS influence the way land and buildings are developed and built. • Capital improvement programs • Open space preservation • Stormwater management regulations and master plans • Acquisitions and elevations of flood prone structures • Utility undergrounding These actions involve modifying • Structural retrofits existing structures and • Floodwalls and retaining Structure and infrastructure infrastructure or constructing new walls structures to reduce hazard vulnerability. • Detention and retention structures • Bridges and culverts • Safe rooms

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Mitigation Technique Description Examples • Sediment and erosion control These actions minimize damage and • Stream corridor restoration Natural systems protection losses and also preserve or restore • Forest management the functions of natural systems. • Conservation easements • Wetland restoration and preservation • Radio or television spots • Websites with maps and These actions inform and educate citizens, elected officials, and information property owners about hazards and • Real estate disclosure Education and awareness potential ways to mitigate them and • Training may also include participation in • NFIP outreach national programs. • StormReady • Firewise Communities

Note that emergency services actions can reduce the impacts of a hazard event on people and property but typically are not considered mitigation techniques as they do not meet the hazard mitigation definition of reducing or eliminating “long-term” risks cause by hazards. These actions are usually taken during and immediately after an emergency or disaster. Examples include warning systems, evacuation planning and management, emergency response training and exercises, and emergency flood protection procedures. Emergency service actions can certainly be included in your mitigation strategy but keep in mind that they are evaluated on a case by case basis for mitigation funding.

Step 2: Complete the Mitigation Strategy Technique Matrix. To ensure the mitigation action plan is comprehensive and to identify any gaps in mitigation techniques the HMPT should complete a mitigation technique matrix. The matrix is used to compare hazards and corresponding mitigation action techniques. The matrix should only be completed for hazards included in the vulnerability assessment. A simple matrix has been created to assist you with this task and can be found in Appendix 9.

PRODUCT: 1) A matrix of hazards and corresponding mitigation techniques to be included in the updated plan. Insert this product into Section 6.3 of the MPO.

RESOURCES: • FEMA Local Mitigation Planning Handbook • FEMA 386-6: National Flood Insurance Program (NFIP) Floodplain Management Bulletin: Historic Structures • FEMA Mitigation Planning Handbook • FEMA P-467-2: NFIP Floodplain Management Bulletin: Historic Structures • Secretary of the Interior’s Standards for the Treatment of Historic Properties

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6.4 Developing the Mitigation Action Plan

44 CFR Requirement Part 201.6(c)(3)(ii): [The mitigation strategy shall include a section that analyses] a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard, with particular emphasis on new and existing buildings and infrastructure. Part 201.6(c)(3)(ii): [The mitigation strategy] must also address the jurisdiction’s participation in the NFIP, and continued compliance with NFIP requirements, as appropriate. Part 201.6(c)(3)(iii): [The mitigation strategy section shall include] an action plan describing how the actions identified in section (c)(3)(ii) will be prioritized, implemented, and administered by the local jurisdiction. Prioritization shall include a special emphasis on the extent to which benefits are maximized according to a cost benefit review of the proposed projects and their associated costs.

OVERVIEW: Now that mitigation goals and objectives have been updated and mitigation technique categories have been identified, work can begin on developing the new mitigation action plan(s).

A mitigation action is more specific than an objective and should address identified objectives from SOG Section 6.2, Steps 2 and 3. These actions make up the basis of your HMP. Taking action to mitigate hazards should lessen the community’s vulnerability when disaster occurs. Here is an example of an objective and corresponding mitigation actions.

• Objective: Increase the number of buildings protected from flooding. • Mitigation Action A: Conduct floodproofing assessments in the historical downtown business district and develop a FEMA mitigation project. • Mitigation Action B: Elevate the police department building.

HOW-TO: Step 1: Brainstorm Possible Mitigation Actions. Helpful Hint! Through the use of a brainstorming exercise, obtain input from every participating jurisdiction to identify possible mitigation Make sure that actions. In this step, the updated risk assessment, the updated mitigation actions are capability assessment, updated goals and objectives, the existing specific and HMP’s mitigation action plan with progress noted, and the measurable. completed mitigation technique matrix all become data sources that the county and its jurisdictions can use to identify new mitigation actions. A minimum of one mitigation action must be identified for each hazard. Each participating jurisdiction in the planning process must identify at least one specific mitigation action for which it will be responsible. If any colleges or universities are participating in the HMP, they should also be encouraged to submit mitigation actions for the mitigation strategy. If high ranking hazards were the focus of the majority of proposed mitigation actions in the existing HMP, you should address medium and low hazards in the plan update.

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Once again, in this step, you must document community participation. Explain how each jurisdiction provided mitigation actions (via a form, phone, email, etc.). Identified actions should also address reducing the effects of hazards on new and existing structures and infrastructure. At least one overarching action pertaining to performing structural projects or property protection including elevation, acquisition, relocation, and/or retrofitting should be included in the plan so that those types of projects to mitigate losses from floods and earthquakes can be funded after a disaster occurs.

In coordination with PA SHPO, develop hazard mitigation actions for historic and cultural resources. These hazard mitigation actions should provide structural and/or physical protection to historic and cultural resources, while still maintaining a sense of place, historic integrity, and eligibility. The applicability of elevation and relocation will vary between individual historic districts and properties. For historic and cultural resources, relocation is often a non-preferred hazard mitigation

alternative, as moving an individual historic building can cause it to be de- listed from a historic register, while relocating several buildings can Visit fema.gov and jeopardize the eligibility of an entire historic district. For specific search for the title communities that take potential impacts on historic integrity and Mitigation Ideas. This significance into account, development of community/district-specific document lists great elevation and relocation plans should be considered, accounting for any ideas for mitigation local HARBs, design guidelines, or other available historic and cultural actions by hazard that resource plans. you can use and tailor to your community. Any changes to historic buildings should reference the SOI’s Standards for the Treatment of Historic Properties, which provides guidance on the preservation, rehabilitation, restoration, and reconstruction of historic properties, is regulatory for projects receiving Historic Preservation Fund grant assistance and other federally-assisted projects, and otherwise provides general guidance for treatment on any historic building.

Develop and prioritize mitigation actions to reduce vulnerabilities from high hazard potential dams such as creating EAPs, adopting special land use codes in dam inundations areas, or rehabilitating/removing HHPDs.

PRODUCT: 1) Detailed description of how mitigation actions were selected, including how those actions relate to historic and cultural resources. Insert this product into Section 6.4 of the MPO. Community participation involved with the brainstorming and selection of mitigation actions should be described in Section 3.3 of the MPO and meeting documentation should be included in Appendix C of the MPO.

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Step 2: Include NFIP-Related Mitigation Actions. FEMA requires that every participating jurisdiction that either participates in the NFIP or has identified SFHAs have at least one specific action in its mitigation action plan that relates to continued compliance with the NFIP. FEMA does not permit generic mitigation actions for continuing compliance, such as “Community will continue to participate in the NFIP.” Instead, the action must point to a specific, implementable measure to enhance the jurisdiction’s compliance. Sample actions are listed below. • Investigate the possibility of adopting more stringent regulatory floodplain management standards. • Conduct NFIP training for contractors and insurance agents in the community. • Develop an NFIP and floodplain management section at the public library. • Develop a web site to expedite the processing of building or zoning permits. • Complete all outstanding follow-up items from the most recent Community Assistance Visit (CAV). • Apply for participation in the Community Rating System (CRS). • Post signage in highly visible areas indicating floodplain boundaries and the need for floodplain development permits. • Obtain training for the floodplain variance board members.

Keep in mind that if too many mitigation actions are generated from the brainstorming session, techniques for reducing the list of actions can be used, such as weighted voting.

Although listed historic resources are exempt from the NFIP floodplain management requirements for new and substantially improved construction, so long as they maintain their historic designation, flood mitigation measures should be a consideration to minimize flood damages when rehabilitating a historic structure or repairing a damaged historic structure (44 CFR §60.3). A designated historic structure can still obtain the benefit of subsidized flood insurance through the NFIP even if it has been substantially improved or substantially damaged, so long as the building maintains its historic designation.

Local communities/HARBs are encouraged to coordinate with the PA SHPO and the county to develop hazard mitigation strategies that are sensitive to the specific historic and cultural resources and/or resource types present in the community, while also considering the SOI’s Standards for the Treatment of Historic Properties.

PRODUCT: 1) A list of NFIP mitigation actions related to continuing compliance with NFIP regulations. This list can be combined with other non-NFIP related mitigation actions. Insert this product into Section 6.4 of the MPO. 2) A specific set of hazard mitigation actions to minimize flood damages to specific historic buildings and structures, in addition to types of buildings and structures.

Step 3: Evaluate and Prioritize Mitigation Actions. Evaluating and prioritizing mitigation actions involves judging each action against certain criteria to determine the benefit and value of each action. The local mitigation planning team and/or participating jurisdictions can evaluate the priority of mitigation actions using PEMA’s Multi-Objective Mitigation Action Prioritization Method. You will score each action against five weighted evaluation criteria to

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Multi-Objective Mitigation Action Prioritization

Priority Score = [(Effectiveness x .20) + (Efficiency x .30) + (Multi-Hazard Mitigation x .20) + (High Risk Hazard x .15) + (Critical Infrastructure x .15)]

For historic and cultural resources, evaluate hazard mitigation actions based on significance and areas of highest risk. During evaluation of hazard mitigation actions, investigate new designs and materials that do not obscure or alter existing significant historic features to ensure that historic and cultural resources do not lose their historic significance. Additionally, historic and cultural resource-related hazard mitigation actions should be prioritized based on adherence to the SOI’s Standards for the Treatment of Historic Properties, and any local design guidelines that a community may already have in place.

PRODUCT: 1) A description of the processes followed to evaluate and prioritize mitigation actions. Insert this product into Section 6.4 of the MPO. 2) A Mitigation Action Prioritization table (see Appendix 10) with feasible mitigation actions and corresponding prioritization score and category (high, medium, or low). Insert this product into Section 6.4 of the MPO.

Step 4: Develop Mitigation Action Plans for Each Participating Jurisdiction. Each HMP will contain a mitigation action plan for each jurisdiction. Mitigation action plans will list all mitigation action items for each jurisdiction corresponding information: • Estimated cost: Can an informal cost estimate be obtained, or is there another credible source from which to develop a cost estimate? • Potential funding sources: What are the programs and/or agencies or entities that could fund this mitigation action? Be as specific as possible. • Lead agency or department: Who will be the active leader in implementing this action? Indicate the department or official that will be responsible for the implementation of each action. • Implementation schedule: What is an approximate time frame for completion? Estimating the number of years (i.e., one year, two years, or three years) is recommended. • Action Technique: To which category does this mitigation measure belong (local plans and regulations, structure and infrastructure, natural systems protection, education and awareness)? Note if an action supports continued compliance with the NFIP.

Use the Mitigation Strategy Action Plan Template in Appendix 11 to help organize and standardize each mitigation action in the plan. FEMA requires that each participating jurisdiction in the planning process identify at least one hazard-specific mitigation action for which it will be responsible and that at least one of the mitigation actions relate to continued compliance with the NFIP. There should also be at least one action for each hazard profiled in the plan. In order to meet this requirement, use the

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Jurisdiction Action Matrix in Appendix 12 is provided to identify mitigation action numbers of mitigation actions for each community.

There are several types of FEMA funding sources that exist for implementation of mitigation actions/projects. These are discussed in Chapter 10: Mitigation Action Implementation of this SOG. Note that a Hazard Mitigation Grant Program (HMGP) Letter of Intent must be filled out for each mitigation action/project for which you intend to utilize HMGP funding for implementation. In addition, if applying for non-disaster related funding, a Letter of Interest must be filled out. These forms are both located in Appendix 19 and can also be downloaded at https://www.pema.pa.gov/Grants/HMGP/Forms/Pages/default.aspx.

PRODUCT: 1) A mitigation action plan which includes actions for each participating jurisdiction and the county and at least one action for each identified hazard. Insert this product into Section 6.4 of the MPO.

RESOURCES: • FEMA Local Mitigation Planning Handbook • Updated Local Risk Assessment and Capability Assessment • Existing Local Mitigation Action Plan with progress noted • FEMA 386-6: National Flood Insurance Program (NFIP) Floodplain Management Bulletin: Historic Structures • FEMA P-467-2: NFIP Floodplain Management Bulletin: Historic Structures • Secretary of the Interior’s Standards for the Treatment of Historic Properties • FEMA Mitigation Ideas: A Resource for Reducing Risk to Natural Hazards • FEMA Developing the Mitigation Plan: Identifying Mitigation Actions and Implementation Strategies

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7 | Plan Maintenance

44 CFR Requirement

Part 201.6(c)(4)(i): [The plan maintenance process shall include a] section describing the method and

schedule of monitoring, evaluating, and updating the mitigation plan within a five-year cycle.

Part 201.6(c)(4)(iii): [The plan maintenance process shall include a] discussion on how the community will continue public participation in the plan maintenance process.

OVERVIEW: The Plan Maintenance section serves as the basis for subsequent updates to your HMP and should define the processes by which continued public participation will be guaranteed. It will include a schedule for monitoring, evaluating, and updating the HMP over the next five years. HMPs should be reviewed and evaluated annually, at a minimum. It is important to document in detail the “who, when, and how” of maintenance.

HOW-TO: Step 1: Update the Process for Monitoring, Evaluating, and Updating the HMP. Start by reviewing the methodology followed for plan maintenance in the previously approved HMP and include information on if or how the plan was updated since the last Helpful Tip! update. Update the process for monitoring, evaluating, and updating the new plan over the next five years. If the plan maintenance activities in the previous PRODUCT: plan cycle proved too 1) A description of the methodology including scheduling for ambitious, revise future monitoring the completion of mitigation activities, plan maintenance activities evaluating the effectiveness of the mitigation plan in to be more realistic. Follow- attaining plan goals and objectives, and updating the plan through is the most within the five-year cycle. Documentation should include important component. an identification of the department(s) and/or individuals (including titles) responsible for maintenance and a timeline for regular review. This section should also state that annual reports or progress reports will be incorporated into the plan and included in the next update. Insert this product into Section 7.2 of the MPO. 2) Tables documenting annual meetings held by the HMPT to review the HMP each year and changes made to the plan, mitigation actions completed, or public outreach completed.

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Step 2: Describe Continued Public Participation. Evaluate public participation during the last five years and update the processes by which the public will be involved in plan maintenance over the next five-year cycle.

PRODUCT: 1) A description of how public participation will be maintained. This should include notification of opportunities provided to the broader public whose members may not be part of the planning process. Consider permanently posting the HMP to the county website if possible. Insert this product into Section 7.3 of the MPO.

RESOURCES: • FEMA Local Mitigation Planning Handbook

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8 | Plan Introduction OVERVIEW: The Introduction section of your HMP should be written last and should introduce the reader to hazard mitigation planning and the purpose that the HMP is being completed for your community.

HOW TO: Step 1: Complete Background Information. Describe hazard mitigation planning and its importance in the United States and your community. Include information about the HMP preparation (who, what, and when).

PRODUCT: 1) A background section containing information about hazard mitigation planning and plan preparation. Insert this product into Section 1.1 of the MPO.

Step 2: Develop Purpose. Describe why this HMP is being developed and updated. Reference applicable federal, state, and local HMP requirements.

PRODUCT: 1) A description of the purpose for HMP development. Insert this product into Section 1.2 of the MPO.

Step 3: Prepare Scope. Describe the topics that the updated HMP covers and the geographic area to which the HMP applies. Describe when plan updates and maintenance will take place. You may also find it useful to draft an Executive Summary (inserted just inside the cover) so that readers can easily obtain a high-level synopsis of your HMP.

PRODUCT: 1) A description of the scope for the plan including what topics the plan covers and its geographic extent. Insert this product into Section 1.3 of the MPO.

Step 4: Document Authority and References. You should document the authority for the plan and common federal, state, and local references and guidance documents used to prepare the plan.

PRODUCT: 1) A list of federal, state, and local authorities and references. Insert this product into Section 1.4 of the MPO.

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9 | Plan Adoption

44 CFR Requirement Part 201.6(c)(5): [The plan shall include] documentation that the plan has been formally adopted by the governing body of the jurisdiction requesting approval of the plan. For multi-jurisdictional plans, each jurisdiction requesting approval of the plan must document that it has been formally adopted.

OVERVIEW: Each county and participating jurisdiction must adopt an updated HMP within five years of the previous plan approval date. This process must be thoroughly documented. Communities maintain access to all hazard mitigation grant streams by following the five-year update schedule and meeting plan adoption requirements.

HOW TO: Step 1: Submit Updated Hazard Mitigation Plan. You must first submit your updated plan to Pennsylvania’s State Helpful Tip! Hazard Mitigation Officer (SHMO) no less than 75 days prior to your existing plan expiration date. The SHMO and/or State Submit your updated plan to Hazard Mitigation Planner will review the plan for completeness Pennsylvania’s State Hazard and accuracy and then forward it to FEMA Region III for final Mitigation Officer (SHMO) review and approval. who will review the plan and then forward it on to FEMA FEMA requires a minimum of 45 days for review. The county Region III for final review and submission to FEMA should provide adequate time for both approval. FEMA’s review and community adoption prior to the expiration date of the existing plan. Be prepared to receive and address comments and required revisions from FEMA Region III on your first HMP submission. For this reason, you should make every effort to submit your HMP to PEMA even more than 75 days before plan expiration to allow for a 2nd FEMA submission and review. If and when FEMA approves the updated plan, it will issue an Approval Pending Adoption (APA) notice. All jurisdictions must adopt their approved HMP no later than one year from the date of the APA notice.

PRODUCT: 1) A complete, updated plan submitted to the SHMO in ample time to allow for PEMA’s and FEMA’s review period and adoption by each jurisdiction prior to plan expiration date. 2) A completed Local Mitigation Plan Review Tool with your plan submission including a complete municipal contact table (A blank Local Mitigation Plan Review Tool can be found at the beginning of this document).

Step 2: Submit Documentation of Formal Adoption. Each county should submit documentation of the formal adoption of the updated plan by the county governing body requesting approval and at least one participating jurisdiction as part of the plan prior to the existing plan expiration date. Sample county and municipal adoption resolution templates are contained in Appendix 13 |. For FEMA to grant full approval after the APA notice is given, at least one

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PRODUCT: 1) A list of all jurisdictions that have adopted the plan and an appendix to your plan with documentation on resolution of formal adoption by each of the participating jurisdictions. Insert this product into Section 8 of the MPO.

RESOURCES: • FEMA Local Mitigation Planning Handbook

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10 | Mitigation Action Implementation

OVERVIEW: While implementation is not a required section of your plan update, it is arguably the most important part of the process. Action implementation means taking the HMP and putting it to work! This section provides information on mitigation project funding and a description of an approach to implementation. Through the planning process, your community has determined the WHY, WHAT, and WHERE of hazard mitigation. • WHY damages occur. • WHAT you want to do to achieve your objectives and goals. • WHERE in your community you want to implement measures to reduce loss.

To ensure plan implementation, ask yourself these additional questions:

Who? Who will lead implementation efforts? A lead person responsible for managing hazard mitigation efforts must be assigned. Who will put together funding requests and applications? Paid staff or volunteers must be assigned to administer mitigation programs.

When? When will these activities be implemented, and in what order? Determine a schedule for implementation. As mentioned above, top priorities may also be the first items to be implemented, or they may have to wait until a bylaw or ordinance is passed or funding is secured. Many activities may be implemented simultaneously.

How? How will the community fund these projects? Identify a budget and potential source(s) of funding. How will the community physically implement these projects?

Since many of the actions identified may be continuing programs, and since the maintenance of a good plan itself is an ongoing process, action implementation should be incorporated into staff work plans. If volunteer groups are working on the activities or planning, a schedule should be prepared for implementation, and coordination with community officials should be planned. The primary ongoing work will consist of preparing funding proposals for specific activities, whether for the community’s review or for outside funding, and scheduling and conducting meetings.

Primary Hazard Mitigation Project Funding Sources Potential mitigation activities will often come from a variety of sources. Depending on the potential project’s intent and implementation methods, several funding sources may be appropriate. There are three types of funding sources under FEMA’s Hazard Mitigation Assistance (HMA) Program. 1) Pre- Disaster Mitigation (PDM) and 2) Flood Mitigation Assistance (FMA) are grant programs that have yearly competitive consideration. The 3) Hazard Mitigation Grant Program (HMGP) provides funding only following a declared disaster. These HMA funding sources are described below:

1) Pre-Disaster Mitigation Program – FEMA: The Disaster Mitigation Act of 2000 created a national program to provide a funding mechanism that is not dependent on a Presidential disaster declaration. The PDM Program provides funding to states and communities for cost-effective hazard mitigation activities that complement a comprehensive mitigation program and reduce injuries, loss of life, and property damage. The funding is based on a 75 percent federal share,

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plus a 25 percent non-federal share of costs. The nonfederal match can be fully in-kind, cash, or a combination. Special accommodations are made for small Coming Soon! and impoverished communities that are eligible for 90 percent federal share, plus 10 percent nonfederal. Note: Building Resilient PDM is expected to be replaced by Building Resilient Infrastructure and Infrastructure and Communities (BRIC) in 2020 though the Communities (BRIC) pre- rollout timeline for BRIC is subject to change. disaster hazard mitigation program is expected to 2) Flood Mitigation Assistance Program – FEMA: FMA was replace Pre-Disaster established by the National Flood Insurance Reform Act of Mitigation (PDM) in 2020. 1994. This program provides grants for cost-effective BRIC is a result of measures to reduce or eliminate the long-term risk of amendments to the Stafford flood damage to existing structures, with an emphasis on Act and is intended to sites that historically have been subject to repetitive enable innovation, promote losses under the NFIP. These grants are also available for partnerships, enable large planning assistance to identify flood risks and actions to projects, and maintain reduce that risk, to provide a process for approving flood flexibility for hazard mitigation plans, and to provide grants to implement mitigation aimed at measures to decrease flood losses. reducing risks from disasters and natural hazards. Examples of projects that are eligible for grants under this program include elevating or flood-proofing pre-FIRM https://www.fema.gov/bric structures ( i.e., structures that were built prior to floodplain management regulations or that were brought into the regulatory floodplain by a revision of the FIRMs), to acquire land or structures in flood hazard areas, to relocate or demolish existing structures, to construct detention or retention ponds to aid in the control of flood waters, to flood proof sewer systems, to modify drainage culverts and to obtain technical assistance (e.g., hiring a professional consultant).

3) Hazard Mitigation Grant Program (HMGP) – FEMA: HMGP provides funding for mitigation measures following a Presidential disaster declaration. The HMGP is funded predominantly by the federal government and administered by state governments. FEMA can fund up to 75 percent of project costs and the Commonwealth or local share can be cash or in-kind services. HMGP funds can be used for projects such as acquisition or relocation of structures from hazard prone areas, retrofitting of existing structures to protect them from future damages, and development of state or local mitigation standards designed to protect buildings from future damages, comprehensive state and local mitigation plans, structural hazard control, and the purchase of equipment to improve preparedness and response.

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The following table shows activities eligible for grand funding under FEMA’s HMA program.

FEMA Grant Program Eligible Activities (FEMA Hazard Mitigation Assistance Guidance, February 2015) HMA Program Mitigation Activity HMGP *PDM FMA 1. Mitigation Projects ✓ ✓ ✓ Property Acquisition and Structure Demolition ✓ ✓ ✓ Property Acquisition and Structure Relocation ✓ ✓ ✓ Structure Elevation ✓ ✓ ✓ Mitigation Reconstruction ✓ ✓ ✓ Dry Floodproofing of Historic Residential Structures ✓ ✓ ✓ Dry Floodproofing of Non-residential Structures ✓ ✓ ✓ Generators ✓ ✓ Localized Flood Reduction Projects ✓ ✓ ✓ Non-localized Flood Risk Reduction Projects ✓ ✓ Structural Retrofitting of Existing Buildings ✓ ✓ ✓ Non-structural Retrofitting of Existing Buildings and ✓ ✓ ✓ Facilities Safe Room Construction ✓ ✓ Wind Retrofit for One- and Two-Family Residences ✓ ✓ Infrastructure Retrofit ✓ ✓ ✓ Soil Stabilization ✓ ✓ ✓ Wildfire Mitigation ✓ ✓ Post-Disaster Code Enforcement ✓ 5-Percent Initiative Projects ✓ Advance Assistance ✓ 2. Hazard Mitigation Planning ✓ ✓ ✓ Planning Related Activities ✓ 3. Technical Assistance ✓ 4. Management Costs ✓ ✓ ✓

Rehabilitation of High Hazard Potential Dams (HHPD) Grant Program This non-HMA funding source is made available through FEMA’s National Dam Safety Program. Dams eligible for repair, removal, or rehabilitation funding include:

Non-federal dams – • located in a state or territory with a state or territorial dam safety program; • classified as ‘high hazard potential’ by the dam safety agency in the state or territory where the dam is located; • has an emergency action plan approved by the state or territory dam safety agency; and • the state or territory in which the dam is located determines either of these criteria – the dam fails to meet minimum dam safety standards public.

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Visit the High Hazard Potential Dam Rehabilitation Grant Program

Resources page at https://www.fema.gov/rehabilitation-high-hazard- potential-dam-grant-program for more information.

HOW-TO: APPLICATION DEVELOPMENT AND GRANTS PROCESS Historic and Cultural FEMA’s HMA grants are provided to eligible applicant states, tribes, Preservation Funding and territories that, in turn, provide subgrants to local governments. Sources FEMA has developed unified HMA guidance that can assist communities interested in applying for funding under FEMA’s HMA Pennsylvania is home to grant programs. You can access the latest HMA guidance on PEMA’s many historic communities Hazard Mitigation Grants and Projects page and properties that may be (https://www.pema.pa.gov/Mitigation/Grants- eligible for funding specific Projects/Pages/default.aspx) or by visiting FEMA’s web site to their historic status. (www.fema.gov). Though not necessarily Please Note: Applicants that apply for funding under PDM and FMA specifically formulated for MUST use FEMA’s web-based electronic grants management system, hazard mitigation, this known as eGrants, to submit applications. Your community should funding is intended to contact PEMA to gain access to the eGrants system. HMGP safeguard the homes, applications are generally administered by each state’s emergency businesses, and other management agency. Contact PEMA if you are interested in an HMGP structures that help anchor application or go to: https://www.pema.pa.gov/Mitigation/Grants- and define communities Projects/Pages/default.aspx throughout the Commonwealth. Projects must be listed in your HMP in order to have an approvable application. In addition, an HMGP Letter of Intent or Non-Disaster It is recommended that the Grants Letter of Interest must be filled out and submitted to PEMA community consult with before an application packet will be mailed to you. Both forms are the State Historic located in Appendix 19. The Letter of Interest is required for all non- Preservation Office (SHPO) disaster related funding (FMA and PDM) and the Letter of Intent is throughout the hazard required for HMGP funding where there is an active disaster mitigation planning declaration. process to assist in identifying available Step 1: Review Your Mitigation Action Plan for Funding Sources. resources and potential Following the mitigation action plan review, your community will be funding sources, and to able to identify potential mitigation activities and funding sources. The assist in determining which community should consult with the funding entity, state or local agencies or individuals emergency management office, or other appropriate state or regional have the capabilities to organization about the project’s eligibility and funding cycle. implement hazard mitigation actions for Step 2: Review the Scope and Extent of the Mitigation Action. historic and cultural Once a mitigation project idea is selected, your community should then resources. Several state look to define a detailed scope of work that will be used as a and federal funding foundation for the activity itself. sources are available for the preservation of historic and cultural resources (Appendix 18).

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Step 3: Perform Project Scoping through Benefit-Cost and Economic Analysis. Identify the costs and benefits associated with hazard mitigation strategies, measures, or projects. Two categories of analysis used in this step are: 1) benefit-cost analysis, and 2) economic analysis. Conducting benefit-cost analysis for a mitigation activity can help communities determine whether a project is worth undertaking now to avoid disaster-related damages later. Economic analysis evaluates how best to spend a given amount of money to achieve a specific goal. Determining the economic feasibility of mitigating hazards can provide decision-makers with an understanding of the potential benefits and costs of an activity, as well as a basis upon which to compare alternative projects.

If the activity requires federal funding for a structural project, your community should use FEMA’s Benefit-Cost Analysis (BCA) Calculator to evaluate the appropriateness of the activity. The tool and user guide can be downloaded for free at https://www.fema.gov/benefit-cost-analysis. A project must have a benefit-cost ratio greater than one in order to be eligible for FEMA grant funding.

If applying for funding specific to historic and cultural resources, eligibility considerations will not be based on the same ratio, but rather the project’s ability to maintain and safeguard the features that make a property historic. Communities should consult with the SHPO early on to determine if funding is available for projects that might not meet FEMA’s benefit-cost ratio.

Step 4: Select the Best Measure. In the previous step, you conducted a preliminary assessment of cost effectiveness. Based on your results, continue to develop your mitigation idea by: • Reviewing specific program eligibility requirements. • Comparing project ideas based on cost effectiveness and technical feasibility. • Evaluating community support. • Considering the effect on historic and cultural resources and community character. • Considering funding options and associated cost shares. • Reviewing the performance period of potential grants and ensuring that the work can be completed in the appropriate time frame.

Step 5: Community Recommendation. Based on the steps above, your community can make solid recommendations as to whether or not a specific mitigation activity should be implemented. The community should then convene a meeting to review the issues surrounding grant applications and to share knowledge and/or resources. This process will enhance coordination and reduce competition for limited funds.

RESOURCES: • FEMA: Hazard Mitigation Assistance Unified Guidance • FEMA 386-6: Integrating Historic Property and Cultural Resource Considerations Into Hazard Mitigation Planning • FEMA: Rehabilitation of High Hazard Potential Dam (HHPD) Grant Program FAQ • PEMA Hazard Mitigation Opportunity Form • PEMA Pre-Disaster Mitigation Grant Program (PDM): Focusing on Planning Grant Application • PEMA Hazard Mitigation Project Officer Handbook

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Appendix 1 | Model Plan Outline 1 | Introduction 1.1. Background 1.2. Purpose 1.3. Scope 1.4. Authority and Reference 2 | Community Profile 2.1. Geography and Environment 2.2. Community Facts 2.3. Population and Demographics 2.4. Land Use and Development 2.5. Data Sources and Limitations 3 | Planning Process 3.1. Update Process and Participation Summary 3.2. The Planning Team 3.3. Meetings and Documentation 3.4. Public & Stakeholder Participation 3.5. Multi-Jurisdictional Planning 4 | Risk Assessment 4.1. Update Process Summary 4.2. Hazard Identification 4.2.1. Table of Presidential Disaster Declarations 4.2.2. Summary of Hazards 4.3. Hazard Profiles 4.3.1. Hazard 1 4.3.1.1. Location and Extent 4.3.1.2. Range of Magnitude 4.3.1.3. Past Occurrence 4.3.1.4. Future Occurrence 4.3.1.5. Vulnerability Assessment

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4.3.2. Hazard 2 4.3.2.1. Location and Extent 4.3.2.2. Range of Magnitude 4.3.2.3. Past Occurrence 4.3.2.4. Future Occurrence 4.3.2.5. Vulnerability Assessment 4.4. Hazard Vulnerability Summary 4.4.1. Methodology 4.4.2. Ranking Results 4.4.3. Potential Loss Estimates 4.4.4. Future Development and Vulnerability 5 | Capability Assessment 5.1. Update Process Summary 5.2. Capability Assessment Findings 5.2.1. Planning and Regulatory Capability 5.2.2. Administrative and Technical Capability 5.2.3. Financial Capability 5.2.4. Education and Outreach 5.2.5. Plan Integration 6 | Mitigation Strategy 6.1. Update Process Summary 6.2. Mitigation Goals and Objectives 6.3. Identification and Analysis of Mitigation Techniques 6.4. Mitigation Action Plan 7 | Plan Maintenance 7.1. Update Process Summary 7.2. Monitoring, Evaluating and Updating the Plan 7.3. Continued Public Involvement 8 | Plan Adoption

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9 | Appendices A. Bibliography B. Local Mitigation Plan Review Tool C. Meeting and Other Participation Documentation D. Local Municipality Flood Vulnerability Maps E. Critical Facilities

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Appendix 2 | Community Participation Table

Purpose: To document the nature of the involvement of each jurisdiction’s participation in the planning process.

Instructions: For each jurisdiction, identify its participation at planning team and public meetings and completion of any worksheets, surveys, and forms. Insert meeting titles and title of worksheets/surveys/forms in the header. Example meetings to be held could include a kick-off meeting, risk assessment meeting, mitigation strategy workshop, draft plan review meetings etc. Example worksheets/surveys/forms could include risk assessment surveys, capability assessment surveys, etc.

MEETINGS WORKSHEETS/SURVEYS/FORMS Planning Planning Planning Planning MUNICIPALITY Team Team Team Team

Meeting 1 Meeting 2 Meeting 3 Meeting 4 Example: Hazardtown ✓ ✓ ✓ ✓ ✓ ✓

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Appendix 3 | Capability Assessment Survey

Name: Title: Jurisdiction: Email:

1. Planning and Regulatory Capability: Please indicate whether the following planning or regulatory tools and programs are currently in place or under development for your jurisdiction by placing an "X" in the appropriate box, followed by the date of adoption/update. Then, for each particular item in place, identify the department or agency responsible for its implementation and indicate its estimated or anticipated effect on hazard loss reduction (Supports, Neutral or Hinders) with the appropriate symbol and also indicate if there has been a change in the ability of the tool/program to result in loss reduction. Finally, please provide additional comments or explanations in the space provided.

Status Date Under Dept. / Agency Tool/Program In Adopted Comments: Develop- Responsible Place or ment Updated EXAMPLE: Hazard Mitigation X 1/1/2006 Hazard County EMA Interim update in 2008 revised mitigation Plan strategy; completed one action.

Hazard Mitigation Plan

Emergency Operations Plan

Disaster Recovery Plan

Evacuation Plan

Continuity of Operations Plan

NFIP

NFIP-CRS

Floodplain Regulations

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Status Date Under Dept. / Agency Tool/Program In Adopted Comments: Develop- Responsible Place or ment Updated

Floodplain Management Plan

Zoning Regulations

Subdivision Regulations Comprehensive Land Use Plan (or General, Master or Growth Mgmt. Plan) Open Space Management Plan (or Parks/Rec or Greenways Plan) Stormwater Management Plan / Ordinance Natural Resource Protection Plan

Capital Improvement Plan

Economic Development Plan

Historic Preservation Plan

Farmland Preservation

Building Code

Fire Code

Other

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2. Administrative and Technical Capability: Please indicate whether your jurisdiction maintains the following staff members within its current personnel resources by placing an "X" in the appropriate box. Then, if YES, please identify the department or agency they work under and provide any other comments you may have in the space provided or with attachments.

Staff/Personnel Resources Yes No Department / Agency Comments

Planners (with land use / land development knowledge) Planners or engineers (with natural and/or human caused hazards knowledge) Engineers or professionals trained in building and/or infrastructure construction practices (includes building inspectors) Emergency manager

Floodplain manager

Land surveyors

Scientists or staff familiar with the hazards of the community Personnel skilled in Geographic Information Systems (GIS) and/or FEMA’s Hazus program Grant writers or fiscal staff to handle large/complex grants

Other

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3. Financial Capability: Please indicate whether your jurisdiction has access to or is eligible to use the following local financial resources for hazard mitigation purposes (including as match funds for State of Federal mitigation grant funds). Then, identify the primary department or agency responsible for its administration or allocation and provide any other comments you may have in the space provided or with attachments.

Financial Resources Yes No Department / Agency Comments

Capital improvement programming

Community Development Block Grants (CDBG)

Special purpose taxes

Gas / electric utility fees

Water / sewer fees

Stormwater utility fees

Development impact fees

General obligation, revenue, and/or special tax bonds

Partnering arrangements or intergovernmental agreements

Other

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4. Education and Outreach: Identify education and outreach programs and methods already in place that could be used to implement mitigation activities and communicate hazard-related information. Then, identify the primary department or agency responsible for its administration or allocation and provide any other comments you may have in the space provided or with attachments.

Program/Organization Yes No Department/Agency Comments

Firewise Communities Certification

StormReady certification

Natural disaster or safety related school programs Ongoing public education or information program (e.g. responsible water use, fire safety, household preparedness, environmental education) Public-private partnership initiatives addressing disaster- related issues Local citizen groups or non-profit organizations focused on environmental protection, emergency preparedness, access and functional needs populations, etc. Other

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5. Self-Assessment of Capability: Please provide an approximate measure of your jurisdiction's capability to effectively implement hazard mitigation strategies to reduce hazard vulnerabilities. Using the following table, please place an "X" in the box marking the most appropriate degree of capability (Limited, Moderate or High) based upon best available information and the responses provided in Sections 1-5 of this survey. For multi-jurisdictional plans, record the results of this section into the Self-Assessment Capability Matrix.

Degree of Capability Area Limited Moderate High

Planning and Regulatory

Administrative and Technical

Financial

Education and Outreach

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Appendix 4 | Hazard Identification and Risk Evaluation Worksheet

Name: Title: Jurisdiction: Email:

PART 1

Identified Hazards How has the frequency of occurrence, Additional Comments 2XXX HMP magnitude of impact, and/or geographic extent changed in your (Please provide an community? explanation for any hazards marked I or D in previous NC=No Change, I=Increase, column) D=Decrease Natural Hazards

Human-made Hazards

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PART II Other Hazards: Do any of these hazards, not previously profiled in the County’s hazard mitigation plan, have the potential to affect your municipality significantly? (If so, check box)

Natural Coastal Erosion Landslide Drought Lightning Strike Earthquake Pandemic and Infectious Disease Expansive Soils Radon Exposure Extreme Temperature Subsidence, Sinkhole Flood, Flash Flood, Ice Jam Tornado, Windstorm Hailstorm Wildfire Hurricane, Tropical Storm, Nor'easter Winter Storm Invasive Species

Human-made Building and Structure Collapse Environmental Hazards – Unconventional Oil Civil Disturbance and Gas Wells Cyber Terrorism Levee Failure Dam Failure Mass Food/Animal Feed Contamination Disorientation Nuclear Incident Drowning Opioid Addiction Response Environmental Hazards – Coal Mining Terrorism Environmental Hazards – Conventional Oil Transportation Accident and Gas Wells Urban Fire and Explosion Environmental Hazards – Gas and Liquid Utility Interruption Pipelines War and Criminal Activity Environmental Hazards – Hazardous Materials Releases

Other Comments:

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Appendix 5 | Pennsylvania Presidential Disaster Declarations

Declaration Disaster Year Disaster Types Public Assistance Individual Assistance Date Number

Covid-19 None 2020 Jan-20 4506 All 67 Counties Pandemic Bradford, Columbia, Lackawanna, None Lycoming, Montour, Northampton, 2018 Nov-18 Flood 4408 Schuylkill, Sullivan, Susquehanna, Tioga, Wyoming 2016 Dec-16 Flood 4292 Bradford, Centre, Lycoming, Sullivan None Adams, Bedford, Berks, Blair, Bucks, None Chester, Cumberland, Dauphin, Fayette, Franklin, Fulton, Juniata, 2016 Mar-16 Snow 4267 Lancaster, Lebanon, Lehigh, Montgomery, Northampton, Perry, Philadelphia, Schuylkill, Somerset, Westmoreland, York Bucks, Chester, Delaware, Lancaster, None 2014 Feb-14 Severe Ice Storm EM-3367 Montgomery, Philadelphia, York Allegheny, Centre, Clearfield, Clinton, None 2013 Oct-13 Severe Storm(s) 4149 Crawford, Fayette, Huntingdon, Jefferson, Lawrence, Venango, Wayne Bedford, Bucks, Cameron, Dauphin, Forest, Franklin, Fulton, Huntingdon, 2012 01/13 Hurricane Sandy 4099 Juniata, Monroe, Northampton, None Philadelphia, Pike, Potter, Somerset, Sullivan, Wyoming

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Declaration Disaster Year Disaster Types Public Assistance Individual Assistance Date Number

Adams, Berks, Bradford, Bucks, Adams, Bedford, Berks, Bradford, Chester, Columbia, Cumberland, Bucks, Chester, Columbia, Dauphin, Dauphin, Delaware, Huntingdon, Huntingdon, Juniata, Lackawanna, Lancaster, Lebanon, Luzerne, Lancaster, Lebanon, Luzerne, Tropical Storm Lycoming, Monroe, Montgomery, 2011 09/12 4030 Lycoming, Mifflin, Montgomery, Lee Montour, Northampton, Montour, Northampton, Northumberland, Perry, Philadelphia, Northumberland, Perry, Schuylkill, Schuylkill, Snyder, Sullivan, Snyder, Sullivan, Susquehanna, Tioga, Susquehanna, Union, Wyoming, and Union, Wayne, Wyoming, and York. York. Bucks, Chester, Delaware, Lehigh, Bucks, Chester, Delaware, Lehigh, Luzerne, Monroe, Montgomery, Luzerne, Monroe, Montgomery, 2011 09/03 Hurricane Irene 4025 Northampton, Philadelphia, Pike, Northampton, Philadelphia, Sullivan, Sullivan, Susquehanna, Wayne, and and Wyoming. Wyoming. Severe Storms Bradford, Lycoming, Sullivan, Tioga, 2011 07/13 4003 None and Flooding and Wyoming County Adams, Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Chester, Cumberland, Dauphin, Severe Winter Delaware, Fayette, Franklin, Fulton, 2010 04/16 Storms and 1898 None Greene, Huntingdon, Indiana, Juniata, Snowstorms Lancaster, Lebanon, Perry, Philadelphia, Somerset, Westmoreland, York Bradford, Lackawanna, Luzerne, Severe Storms 2007 02/23 1684 Schuylkill, Sullivan, Susquehanna, None and Flooding Wayne, Wyoming

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Declaration Disaster Year Disaster Types Public Assistance Individual Assistance Date Number

Berks, Bradford, Carbon, Chester, Dauphin, Franklin, Lackawanna, Severe Storms, Bradford, Bucks, Columbia, Luzerne, Lancaster, Lebanon, Luzerne, Monroe, 2006 06/30 Flooding, and 1649 Northampton, Northumberland, Pike, Montgomery, Montour, Pike, Mudslides Susquehanna, Wyoming Schuylkill, Susquehanna, Wayne, Wyoming Bradford, Bucks, Columbia, Luzerne, Severe Storms 2005 04/14 1587 None Monroe, Northampton, Pike, Wayne, and Flooding Wyoming

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Declaration Disaster Year Disaster Types Public Assistance Individual Assistance Date Number

Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Bucks, Butler, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Cumberland, Dauphin, Elk, Franklin, Fulton, Green, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Allegheny, Armstrong, Beaver, Lawrence, Lebanon, Lehigh, Luzerne, Bedford, Blair, Bradford, Bucks, Butler, Lycoming, Mifflin, Monroe, Montour, Cameron, Carbon, Centre, Chester, Northampton, Northumberland, Perry, Clarion, Clearfield, Clinton, Columbia, Pike, Potter, Schuylkill, Snyder, Crawford, Cumberland, Dauphin, Somerset, Sullivan, Susquehanna, Delaware, Elk, Franklin, Fulton, Green, Tioga, Union, Washington, Wayne, Huntingdon, Indiana, Jefferson, Tropical Westmoreland, Wyoming and York for Juniata, Lackawanna, Lawrence, 2004 09/19 1557 Depression Ivan debris removal and emergency Lebanon, Lehigh, Luzerne, Lycoming, protective measures and Allegheny, Mifflin, Monroe, Montgomery, Armstrong, Beaver, Bedford, Blair, Montour, Northampton, Bradford, Bucks, Butler, Cameron, Northumberland, Perry, Philadelphia, Carbon, Centre, Clarion, Clearfield, Pike, Potter, Schuylkill, Snyder, Clinton, Columbia, Cumberland, Somerset, Sullivan, Susquehanna, Dauphin, Fulton, Greene, Huntingdon, Tioga, Union, Washington, Wayne, Indiana, Jefferson, Juniata, Westmoreland, Wyoming, York Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Perry, Pike, Schuylkill, Snyder, Susquehanna, Tioga, Union, Washington, Wayne, Westmoreland, Wyoming, York

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Declaration Disaster Year Disaster Types Public Assistance Individual Assistance Date Number

Severe Storms and Flooding Beaver, Bedford, Blair, Butler, associated with 2004 09/19 1555 None Crawford, Erie, Huntingdon, Lawrence, Tropical Warren, Washington Depression Frances Severe Storms 2004 08/06 1538 None Delaware, Montgomery, Philadelphia and Flooding Tropical Storms Henri and Isabel, 2003 09/26 and Related 1497 None Chester Severe Storms and Flooding Clarion, Crawford, Forest, Lackawanna, Severe Storms, Blair, Crawford, Lackawanna, Lawrence, Mercer, McKean, Potter, 2003 08/23 Tornadoes, and 1485 Lawrence, McKean, Mercer, Potter, Tioga, Venango, Warren, Wayne, Flooding Tioga, Venango, Warren, Wayne Wyoming Tropical Storm 2001 06/22 1383 None Bucks, Montgomery Allison Tropical Depression Dauphin, Lycoming, Northumberland, 1999 09/22 1298 None Dennis and Flash Snyder, Union Flooding Bucks, Chester, Delaware, Lancaster, Bucks, Chester, Delaware, Lancaster, 1999 09/18 Hurricane Floyd 1294 Montgomery, Philadelphia, York Montgomery, Philadelphia, York Severe Storms 1999 09/01 1289 None McKean and Flooding Flooding, Severe Allegheny, Beaver, Berks, Pike, 1998 06/08 Storms, and 1219 None Somerset, Susquehanna, Wyoming Tornadoes

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Declaration Disaster Year Disaster Types Public Assistance Individual Assistance Date Number

Public Assistance/Individual Assistance data not available prior to 1998 Severe 1996 12/23 1149 Tioga Storms/Flooding 1996 09/13 Hurricane Fran 1138 Cumberland, Huntingdon, Juniata, Mifflin, Montgomery, Perry Armstrong, Blair Cambria, Clarion, Clearfield, Crawford, Greene, Indiana, 1996 07/26 Flooding 1330 Jefferson, Mercer, Venango 1996 06/18 Flooding 1120 Adams, Beaver, Bedford, Bucks, Cambria, Crawford, Franklin, Huntingdon

1996 01/21 Flooding 1093 Statewide 1996 01/13 Blizzard 1085 Statewide Winter Storm, 1994 03/10 1015 No County Assistance Data Available Severe Storm Severe Storms, 1986 06/05 766 Allegheny Flooding Severe Storms, 1985 11/09 754 Allegheny, Fayette, Greene, Somerset, Washington, Westmoreland Flooding 1985 10/08 Hurricane Gloria 745 Lackawanna, Luzerne, Monroe, Wayne, Wyoming, Susquehanna Severe Storms, Erie, Crawford, Warren, McKean, Mercer, Venango, Forest, Butler, Beaver, 1985 06/03 High Winds, 737 Clearfield, Lycoming, Union, Northumberland Tornadoes Severe Storms, 1984 08/27 721 Armstrong, Allegheny, McKean, Westmoreland, Bedford, Blair, Somerset Flooding Severe Storms, 1981 06/15 641 Venango, Clarion, Mercer, Jefferson, Crawford Flooding Severe Storms, 1980 08/19 629 Armstrong, Butler, Clarion Flooding Severe Storms, Bedford, Cambria, Clearfield, Crawford, Indiana, Jefferson, Somerset, 1977 07/21 537 Flooding Westmoreland

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Declaration Disaster Year Disaster Types Public Assistance Individual Assistance Date Number

Adams, Bradford, Columbia, Cumberland, Dauphin, Franklin, Juniata, Severe Storms, 1976 10/20 523 Lackawanna, Lancaster, Lebanon, Luzerne, Mifflin, Northumberland, Perry, Flooding Schuylkill, Snyder, Sullivan, Susquehanna, Wayne, Wyoming, York High Winds, Flash 1976 07/07 513 Tioga Floods Adams, Berks, Bradford, Centre, Clinton, Columbia, Cumberland, Dauphin, Severe Storms, Franklin, Juniata, Lackawanna, Lancaster, Lebanon, Luzerne, Lycoming, Mifflin, 1975 09/26 Heavy Rains, 485 Montour, Northampton, Perry, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Flooding Tioga, Union, Wayne, Wyoming, York Severe Storms, Berks, Bucks, Chester, Columbia, Delaware, Lancaster, Monroe, Montgomery, 1973 07/17 400 Flooding Northampton, Wayne, Westmoreland Heavy Rains, 1972 09/28 355 Indiana Flooding Tropical Storm 1972 06/23 340 All 67 Counties Agnes 1971 09/18 Floods 312 Bucks, Chester, Delaware, Montgomery, Philadelphia Severe Storms, 1969 08/19 273 Carbon, Monroe, Schuylkill Flooding 1965 08/18 Water Shortage 206 Numerous Communities Statewide 1959 01/23 Flood 89 Luzerne (Pittston) 1956 08/09 Storm 61 Beaver, Greene, Washington 1956 05/21 Severe Storms 58 Western Counties 1956 03/15 Flood 51 Warren, Venango 1955 08/20 Floods, Rains 40 Northeastern Counties Sources: FEMA, PEMA

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Appendix 6 | Risk Assessment Hazard Descriptions This list was first developed from the 2007 Edition of the National Fire Protection Association’s NFPA 1600: Standard on Disaster/Emergency Management and Business Continuity Programs in addition to hazards identified in existing HMPs in Pennsylvania. Some hazards with similar impacts and mitigation measures have been combined for the purposes of this list. The individual hazards constituting such combined hazards remain listed within the combined hazard descriptions in bulleted form. Such individual hazards may be extracted and addressed separately at the discretion of the planning team. In 2020 the list was updated to cite more current references and to remove several hazards not found in Pennsylvania including avalanche; dust and sandstorm; tsunami; and volcano.

Natural Hazards Hazard Hazard Description Coastal Erosion Coastal erosion is a natural coastal process in which sediment outflow exceeds sediment inflow. This movement of sediment can be caused by large storms, flooding, strong wave action, seal level rise, or human activities. Coastal erosion can take place very slowly, with the shoreline shifting only inches to a foot per year (chronic erosion); or more rapidly, with changes exceeding ten feet per year due to a single storm or series of storms (episodic erosion). Apart from portions of Erie County, coastal erosion is not a hazard for communities in Pennsylvania. Drought Drought is defined as a deficiency of precipitation experienced over an extended period of time, usually a season or more. Droughts increase the risk of other hazards, like wildfires, flash floods, and landslides or debris flows. This hazard is of particular concern in Pennsylvania due to the prevalence of farms and other water-dependent industries, water- dependent recreation uses, and residents who depend on wells for drinking water.

Earthquake An earthquake is the motion or trembling of the ground produced by sudden displacement of rock usually within the upper 10-20 miles of the Earth's crust. Earthquakes result from crustal strain, volcanism, landslides, or the collapse of underground caverns. Earthquakes can affect hundreds of thousands of square miles, cause damage to property measured in the tens of billions of dollars, result in loss of life and injury to hundreds of thousands of persons, and disrupt the social and economic functioning of the affected area. Expansive Soils

Clay soils have the potential to shrink and swell when they become wetted or dried. Expansive soils do not change size quickly, but over time can result in significant movement that can damage supply lines (e.g. roads, power lines, railways, bridges, etc.) and structures that lack proper design.

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Hazard Hazard Description Extreme heat often results in the highest number of annual deaths of all Extreme Temperature weather-related hazards. In most of the United States, extreme heat is defined as a long period (2 to 3 days) of high heat and humidity with temperatures above 90 degrees. (Ready.gov, 2018). Extremely cold air comes every winter in at least part of the country and affects millions of people across the United States. The arctic air, together with brisk winds, can lead to dangerously cold wind chill values. People exposed to extreme cold are susceptible to frostbite and hypothermia in a matter of minutes. Flooding is the temporary condition of partial or complete inundation of Flood, Flash Flood, Ice normally dry land, and it is the most frequent and costly of all natural Jam hazards in Pennsylvania. Flash flooding is usually a result of heavy localized precipitation falling in a short time period over a given location, often along mountain streams and in urban areas where much of the ground is covered by impervious surfaces. Winter flooding can include ice jams which occur when warm temperatures and heavy rain cause snow to melt rapidly. Snow melt combined with heavy rains can cause frozen rivers to swell, which breaks the ice layer on top of a river. The ice layer often breaks into large chunks, which float downstream, piling up in narrow passages and near other obstructions such as bridges and dams. Hailstorm Hailstorms occur when ice crystals form within a low-pressure front due to the rapid rise of warm air into the upper atmosphere and the subsequent cooling of the air mass. Frozen droplets gradually accumulate on the ice crystals until, having developed sufficient weight, they fall as precipitation in the form of balls or irregularly shaped masses of ice greater than 0.75 inches in diameter. Hailstorms can cause significant damage to homes, vehicles, livestock, and people.

Hurricane, Tropical Storm, Nor'easter Hurricanes, tropical storms, and nor'easters are classified as cyclones and are any closed circulation developing around a low-pressure center in which the winds rotate counterclockwise (in the Northern Hemisphere) and whose diameter averages 10-30 miles across. Potential threats from hurricanes include powerful winds, heavy rainfall, storm surges, coastal and inland flooding, rip currents, tornadoes, and landslides. The Atlantic hurricane season runs from June 1 to November 30.

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Hazard Hazard Description

Invasive Species An invasive species is a species that is not indigenous to the ecosystem under consideration and whose introduction causes or is likely to cause economic, environmental, or human harm. These species can be any type of organism: plant, fish, invertebrate, mammal, bird, disease, or pathogen.

Landslide In a landslide, masses of rock, earth or debris move down a slope. Landslides can be caused by a variety of factors, including earthquakes, storms, fire, and human modification of land. Areas that are prone to landslide hazards include previous landslide areas, areas on or at the base of slopes, areas in or at the base of drainage hollows, developed hillsides with leach field septic systems, and areas recently burned by forest or brush fires.

Lightning Strike Lightning is a giant spark of electricity resulting from the build-up of positive and negative charges within a thunderstorm. The flash or "bolt" of light can occur within the thunderstorm cloud or between the cloud and the ground. Lightning is a leading cause of injury and death from weather-related hazards. Although most lightning victims survive, people struck by lightning often report a variety of long-term, debilitating symptoms.

Pandemic and Infectious Disease A pandemic is a global outbreak of disease that occurs when a new virus emerges in the human population, spreading easily in a sustained manner, and causing serious illness. An epidemic describes a smaller- scale infectious outbreak, within a region or population, that emerges at a disproportional rate. Infectious disease outbreaks may be widely dispersed geographically, impact large numbers of the population, and could arrive in waves lasting several months at a time.

Radon Exposure Radon is a radioactive gas produced by the breakdown of uranium in soil and rock that can lead to lung cancer in people exposed over a long period of time. Most exposure comes from breathing in radon gas that enters homes and buildings through foundation cracks and other openings. According to the DEP, approximately 40% of Pennsylvania homes have elevated radon levels.

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Hazard Hazard Description Subsidence, Sinkhole Land subsidence is a gradual settling or sudden sinking of the ground surface due to the movement of subsurface materials. A sinkhole is a subsidence feature resulting from the sinking of surficial material into a pre-existing subsurface void. Subsidence and sinkholes are geologic hazards that can impact roadways and buildings and disrupt utility services. Subsidence and sinkholes are most common in areas underlain by limestone and can be exacerbated by human activities such as water, natural gas, and oil extraction. Tornado, Windstorm A tornado is a narrow, violently rotating column of air that extends from the base of a thunderstorm to the ground. About 1,250 tornadoes hit the U.S. each year, with about 16 hitting Pennsylvania. Damaging winds exceeding 50-60 miles per hour can occur during tornadoes, severe thunderstorms, winter storms, or coastal storms. These winds can have severe impacts on buildings, pulling off the roof covering, roof deck, or wall siding and pushing or pulling off the windows.

Wildfire A wildfire is an unplanned fire that burns in a natural area. Wildfires can cause injuries or death and can ruin homes in their path. Wildfires can be caused by humans or lightning, and can happen anytime, though the risk increases in period of little rain. In Pennsylvania, 98% of wildfires are caused by people.

Winter Storm A winter storm is a storm in which the main types of precipitation are snow, sleet, or freezing rain. A winter storm can range from a moderate snowfall or ice event over a period of a few hours to blizzard conditions with wind-driven snow that lasts for several days. Most deaths from winter storms are not directly related to the storm itself, but result from traffic accidents on icy roads, medical emergencies while shoveling snow, or hypothermia from prolonged exposure to cold.

Building and Structure Collapse Buildings and other engineered structures, including bridges, may collapse if their structural integrity is compromised, especially due to effects from other natural or human-made hazards. Older buildings or structures, structures that are not built to standard codes, or structures that have been weakened are more susceptible to be affected by these hazards.

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Hazard Hazard Description

Civil Disturbance

A civil disturbance is defined by FEMA as a civil unrest activity (such as a demonstration, riot, or strike) that disrupts a community and requires intervention to maintain public safety

Cyber terrorism refers to acts of terrorism committed using computers, Cyber Terrorism networks, and the Internet. The most widely cited definition comes from Denning’s Testimony before the Special Oversight Panel on Terrorism: “Cyberterrorism…is generally understood to mean unlawful attacks and threats of attack against computers, networks, and the information stored therein when done to intimidate or coerce a government or its people in furtherance of political or social objectives. Further, to qualify as cyberterrorism, an attack should result in violence against persons or property, or at least cause enough harm to generate fear.”

Dam Failure Dam failure is the uncontrolled release of water (and any associated wastes) from a dam. This hazard often results from a combination of natural and human causes, and can follow other hazards such as hurricanes, earthquakes, and landslides. The consequences of dam failures can include property and environmental damage and loss of life.

Disorientation Large numbers of people are attracted to Pennsylvania’s rural areas for recreational purposes such as hiking, camping, hunting, and fishing. As a result, people can become lost or trapped in remote and rugged wilderness areas. Search and rescue may be required for people who suffer from medical problems or injuries and those who become accidentally or intentionally disoriented. Search and rescue efforts are focused in and around state forest and state park lands.

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Hazard Hazard Description Drowning Drowning is death from suffocation, typically associated with swimming, fishing, boating or bridge accidents, or suicide. It can be a significant hazard in communities with numerous residential pools or water bodies (e.g. ponds, lakes, rivers, etc...) and extensive outdoor recreational activity. Drowning rates are particularly high for children ages 1-14. The Centers for Disease Control and Prevention estimates that drowning is the second leading cause of injury death (after motor vehicle crashes) among children ages 1-14. Environmental Hazards – Coal Mining Major impacts from coal mining include subsidence, landscape changes, and the chemical degradation of surface and subsurface waters. In addition, active and abandoned mines can result in injury and loss of human life. In active mines, workers can be injured or killed by mine collapse, entrapment, poisonous gases, inundation, explosions, fires, equipment malfunction, or improper ventilation. In abandoned mines, causes of injury or death include falling and drowning.

Environmental Hazards – Conventional Oil and Many of the hazards associated with conventional oil and gas extraction Gas Wells relate to the contamination of surface and subsurface waters. Abandoned oil and gas wells that are not properly plugged can contaminate groundwater and pollute domestic drinking water wells. In addition, surface waters and soil can be contaminated by brine, a salty wastewater product of oil and gas well drilling, or by oil spills. This pollution can degrade public drinking water supplies and disrupt aquatic ecosystems.

Environmental Hazards – Gas and Liquid Pipeline failures are low-probability, potentially high-consequence Pipelines events. Although gas and liquid pipeline failures are infrequent, the hazardous and inflammable materials released by these events can pose a significant threat to public safety and the built and natural environment. Explosions associated with pipeline failures, for example, can cause severe injury to nearby residents and destroy homes and other property.

Environmental Hazards – Hazardous Materials Releases Hazardous material releases can contaminate air, water, and soils and have the potential to cause injury or death. Dispersion can take place rapidly when transported by water and wind. While often accidental, releases can occur as a result of human carelessness, intentional acts, or natural hazards. When caused by natural hazards, these incidents are known as secondary events.

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Hazard Hazard Description Environmental Hazards – Unconventional Oil and Gas Wells In addition to the hazards associated with conventional oil and gas extraction, potential hazards from Marcellus Shale gas wells include surface water depletion affecting drinking water supplies and aquatic ecosystems; contaminated surface and groundwater resulting from hydraulic fracturing and the recovery of contaminated hydraulic fracturing fluid; and mishandling of solid toxic waste.

Levee Failure A levee is a human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water to provide protection from temporary flooding (FEMA, 2016). A levee failure or breach occurs when a levee fails to prevent flooding on the landside of the levee. The consequences of a sudden levee failure can be catastrophic, with the resulting flooding causing loss of life, emergency evacuations, and significant property damage. Mass Food/Animal Feed Contamination Mass food or animal feed contamination hazards occur when food or food sources are contaminated with pathogenic bacteria, viruses, or parasites, or with chemical or natural toxins. Mass food contamination can occur during the production, processing, or distribution of foods. Incidences of mass contamination may lead to foodborne illnesses and/or interruptions in the food supply.

Nuclear Incident Nuclear explosions can cause significant damage and casualties from blast, heat, and radiation. The primary concern following a nuclear accident or nuclear attack is the extent of radiation, inhalation, and ingestion of radioactive isotopes which can cause acute health effects (e.g. death, burns, severe impairment), chronic health effects (e.g. cancer), and psychological effects.

Opioid Addiction Opioid addiction occurs when an individual becomes physically Response dependent on opioids, which include opiates and narcotics. Opioids are a synthetic substance found in certain prescription pain medications: morphine, codeine, methadone, oxycodone, hydrocodone, fentanyl, and hydromorphone, and street drugs like heroine. Opioids block the body’s ability to feel pain and can create a sense of euphoria. Individuals often build a tolerance to opioid drugs, which leads them to take more of the medication than originally prescribed.

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Hazard Hazard Description Terrorism Terrorism is use of force or violence against persons or property with the intent to intimidate or coerce. Acts of terrorism include threats of terrorism; assassinations; kidnappings; hijackings; bomb scares and bombings; cyber-attacks (computer-based); and the use of chemical, biological, nuclear and radiological weapons. Cyber-attacks have become an increasingly pressing concern.

Transportation Accident Transportation accidents are technological hazards involving the nation’s system of land, sea, and air transportation infrastructure. A flaw or breakdown in any component of this system can and often does result in a major disaster involving loss of life, injuries, property and environmental damage, and economic consequences.

Urban Fire and Explosion Urban fire and explosion hazards include vehicle and building/structure fires as well as overpressure rupture, overheat, or other explosions that do not ignite. This hazard occurs in denser, more urbanized areas statewide and most often occurs in residential structures. Nationally, fires cause over 3,000 deaths and approximately 16,000 injuries each year.

Utility interruption hazards are hazards that impair the functioning of important utilities in the energy, telecommunications, public works, and information network sectors. Utility interruption hazards include the Utility Interruption following: • Geomagnetic Storms • Fuel or Resource Shortage • Electromagnetic Pulse • Information Technology Failure • Ancillary Support Equipment • Public Works Failure • Telecommunications System Failure • Transmission Facility or Linear Utility Accident • Major Energy, Power, Utility Failure

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Hazard Hazard Description War and criminal activity hazards are intentional acts of violence, damage to property, and other criminal activities. This category specifically includes the following hazards: • War, Enemy Attack; foreign attack on territory of the United States. • Disinformation, Sabotage; intentionally spread inaccurate War and Criminal information, for example; interfering or impairing an operator’s Activity management or control of an organization. • Criminal Activity; lawlessness, acts committed for which punishment is imposed upon conviction after due process. • Physical or Information Security Breach; contravening security and confidentiality laws and procedures; burglary, unreasonable search and seizure, for example. • Workplace, School Violence; some environments are more likely than others to experience violence including occupations involving contact with the public. • Harassment; a pattern of conduct that causes substantial emotional distress with no legal purpose. • Discrimination; widespread treatment based on class, category, or prejudice rather than merit, applies extensively to civil and labor law.

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Appendix 7 | Mitigation Strategy 5-Year Mitigation Plan Review Purpose: To fulfill requirement that plan maintenance from previous plan has been completed and to obtain early feedback from the local mitigation planning committee on the plan update to incorporate into the update process.

Instructions: Complete the Goal and Objective Review Worksheet and Mitigation Action Plan Review Worksheet on the next two pages keeping the following questions in mind: • Do the goals, objectives, and actions address current and expected conditions? • Go through each goal and objective to determine: Should goal be carried forward into updated plan? Should goal be changed based on current conditions in community? Should goal be discontinued and if so why? • Progress on actions should be noted. For each action the following questions should be answered: What is status? What progress has been made? Should action be continued in updated plan? Should action be discontinued and if so why? • Has the nature or magnitude of hazard risk changed? • Are current resources adequate to implement the Plan? • Should additional local resources be committed to address identified hazard threats? • Are there any issues that have limited the current implementation schedule? • Has the implementation of identified mitigation actions resulted in expected outcomes? • Has the Mitigation Planning Committee measured the effectiveness of completed hazard mitigation projects in terms of specific dollar losses avoided? • Did the jurisdictions, agencies and other partners participate in the plan implementation process as proposed? • Other?

Before completing the worksheets, the group may wish to discuss the above questions in a round robin format, using a flip chart. The questions are standard questions; however, it is important to check the existing hazard mitigation plan maintenance section to see if there are additional questions that need to be considered.

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Goal and Objective Review Worksheet

Instructions: Write each goal and objective identified in the existing hazard mitigation plan. Use the comment boxes to provide feedback or to suggest modification of any of the proposed goals or objectives. You may suggest additional objectives below each goal, or new goals and objectives on the last page of this exercise.

Proposed Goals and Objectives Comments GOAL 1

Objective A

Objective B

Objective C Objective (New) GOAL 2

Objective A

Objective B

Objective C Objective (New) GOAL 3

Objective A

Objective B

Objective C Objective (New)

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Proposed Goals and Objectives Comments

GOAL 4

Objective A

Objective B

Objective C Objective (New)

GOAL 5

Objective A

Objective B

Objective C Objective (New)

NEW GOAL?

Objective

Objective

Objective

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Mitigation Action Plan Review Worksheet

Instructions: List each mitigation action from the existing hazard mitigation plan and identify its status as “No Progress / Unknown,” “In Progress / Not Yet Complete,” “Continuous,” “Completed,” or “Discontinued.” Include review comments for each action.

Status Existing Mitigation Action No In Progress / Review Comments Progress / Not Yet Continuous Completed Discontinued Unknown Complete

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Appendix 8 | Hazard Prioritization Matrix Purpose: To determine the Risk Factor (RF) for each hazard.

Instructions: Use the criteria in the Summary of Risk Factor (RF) Approach table of Section 4.3 of this SOG to assign a value (1-4) in each risk assessment category for each hazard. Then calculate the risk factor, use the methodology described in Section 4.3, by multiplying the value assigned to each risk assessment category by the weighing factor for each category agreed upon by the HMPT. The sum of all five categories equals the final RF value, as demonstrated in the example equation:

RF Value = [(Probability x .30) + (Impact x .30) + (Spatial Extent x .20) + (Warning Time x .10) + (Duration x .10)]

RISK ASSESSMENT CATEGORY

HAZARD RISK NATURAL (N) or SPATIAL WARNING FACTOR RISK PROBABILITY IMPACT DURATION HUMAN-MADE (M) EXTENT TIME (RF)

EX.: Flood, Flash 3 2 3 3 3 2.7

Flood, Ice Jam (N)

High

Moderate

Low

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Appendix 9 | Mitigation Strategy Technique Matrix Purpose: To cross-reference possible categories of mitigation actions with hazards that pose the greatest threat (high and moderate risk hazards).

Instructions: Complete the table below by listing high and moderate risk hazards in first column (add rows if necessary). Then, place a check mark where a specific class of mitigation techniques may be possible to mitigate against a particular hazard. Finally, note how the class of techniques can be used to mitigate threats against new and existing buildings/infrastructure. See Section 6.3 of this guide for additional guidance.

MITIGATION TECHNIQUE HAZARD Local Plans and Structural and Natural Systems Education and Regulations Infrastructure Protection Awareness

Description of how technique can protect new and existing buildings and infrastructure?

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Appendix 10 | Mitigation Action Assessment Purpose: To evaluate and prioritize each hazard mitigation action.

Instructions: Utilize the Multi-Objective Mitigation Action Prioritization Method, developed by the State Hazard Mitigation Planning Team to prioritize and score hazard mitigation actions.

MULTI-OBJECTIVE MITIGATION ACTON PRIORITIZATION METHOD

Mitigation Action Weight Criteria Description Ranking Criteria Value The extent to which an action reduces the vulnerability Effectiveness 20% of people and property. The extent to which time, effort, and cost is well used as Efficiency 30% a means of reducing vulnerability. The action reduces vulnerability for more than one Multi-Hazard Mitigation 20% hazard. The action reduces vulnerability for people and property Addresses High Risk Hazard 15% from a hazard(s) identified as high risk. Addresses Critical The action pertains to the maintenance of critical Communications/Critical functions and structures such as transportation, supply 15% Facilities chain management, data circuits, etc.

Applying these mitigation action assessment criteria will result in an overall score between 0 and 3 where a score of 0 is of the lowest priority and a score of 3 is of the highest priority. Mitigation actions can be categorized as High, Medium, and Low as follows:

Prioritization Category Prioritization Score High 2.5 - 3.0 Medium 1.9 – 2.4 Low 0 – 1.8

SAMPLE MULTI-OBJECTIVE MITIGATION ACTION PRIORITIZATION MATRIX

TOTAL

HAZARD HAZARD -

MITIGATION ACTION HAZARD

(30%)

(20%) (20%) (15%) (15%)

SCORE

EFICIENCY

FACILITIES

MITIGATION

RISK RISK

ADDRESS HIGH ADDRESS

EFFECTIVENESS

MULTI

ADDRESS CRITICAL CRITICAL ADDRESS COMMUNICATION

Insert Mitigation action here 3 2.5 2 3 2.5 2.6 Insert Mitigation action here 2 2 1.5 2.5 2.5 2.1 Insert Mitigation action here 1.5 2 2 2 1.5 1.8

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Appendix 11 | Mitigation Strategy Action Plan Template Purpose: To have a standardized format for mitigation action plans.

Instructions: Complete a table for each action, assigning each action with an action number and listing the community or communities that identified the action. See Section 6.4 of this guide for additional guidance.

Community(ies):

Action: Action No:

Mitigation Technique Category

Hazard(s) Addressed

Priority (High, Medium, Low)

Estimated Cost

Potential Funding Sources

Lead Agency/Department

Implementation Schedule

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Appendix 12 | Jurisdiction Action Matrix Purpose: To document the mitigation actions numbers for mitigation actions for each jurisdiction.

Instructions: List each jurisdiction and the mitigation action numbers for each mitigation action the jurisdiction identified during the planning process. Mitigation action numbers should be obtained from the Mitigation Action Plan.

Community Name Mitigation Action Number(s)

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Appendix 13 | Adoption Resolutions Hazard Mitigation Plan County Adoption Resolution

Resolution No. ______, Pennsylvania

WHEREAS, the municipalities of , Pennsylvania are most vulnerable to natural and human-made hazards which may result in loss of life and property, economic hardship, and threats to public health and safety, and

WHEREAS, Section 322 of the Disaster Mitigation Act of 2000 (DMA 2000) requires state and local governments to develop and submit for approval to the President a mitigation plan that outlines processes for identifying their respective natural hazards, risks, and vulnerabilities, and

WHEREAS, acknowledges the requirements of Section 322 of DMA 2000 to have an approved Hazard Mitigation Plan as a prerequisite to receiving post-disaster Hazard Mitigation Grant Program funds, and

WHEREAS, the Hazard Mitigation Plan has been developed by the and the in cooperation with other county departments, local municipal officials, and the citizens of , and

WHEREAS, a public involvement process consistent with the requirements of DMA 2000 was conducted to develop the Hazard Mitigation Plan, and

WHEREAS, the Hazard Mitigation Plan recommends mitigation activities that will reduce losses to life and property affected by both natural and human-made hazards that face the County and its municipal governments,

NOW THEREFORE BE IT RESOLVED by the governing body for the County of that: • The Hazard Mitigation Plan is hereby adopted as the official Hazard Mitigation Plan of the County, and

• The respective officials and agencies identified in the implementation strategy of the Hazard Mitigation Plan are hereby directed to implement the recommended activities assigned to them.

ADOPTED, this ______day of ______,

ATTEST: COMMISSIONERS

______By ______

By ______

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Hazard Mitigation Plan Municipal Adoption Resolution

Resolution No. ______, , Pennsylvania

WHEREAS, the , , Pennsylvania is most vulnerable to natural and human-made hazards which may result in loss of life and property, economic hardship, and threats to public health and safety, and

WHEREAS, Section 322 of the Disaster Mitigation Act of 2000 (DMA 2000) requires state and local governments to develop and submit for approval to the President a mitigation plan that outlines processes for identifying their respective natural hazards, risks, and vulnerabilities, and

WHEREAS, the acknowledges the requirements of Section 322 of DMA 2000 to have an approved Hazard Mitigation Plan as a prerequisite to receiving post- disaster Hazard Mitigation Grant Program funds, and

WHEREAS, the Hazard Mitigation Plan has been developed by the and the in cooperation with other county departments, and officials and citizens of , and

WHEREAS, a public involvement process consistent with the requirements of DMA 2000 was conducted to develop the Hazard Mitigation Plan, and

WHEREAS, the Hazard Mitigation Plan recommends mitigation activities that will reduce losses to life and property affected by both natural and human-made hazards that face the County and its municipal governments,

NOW THEREFORE BE IT RESOLVED by the governing body for the : • The Hazard Mitigation Plan is hereby adopted as the official Hazard Mitigation Plan of the , and

• The respective officials and agencies identified in the implementation strategy of the Hazard Mitigation Plan are hereby directed to implement the recommended activities assigned to them.

ADOPTED, this ______day of ______,

ATTEST:

______By ______

By ______

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Appendix 14 | Risk Assessment Hazard Data Sources Natural Hazards

Hazard General Information/Maps/Data Sources Previous Occurrences Risk and Vulnerability

http://woodshole.er.usgs.gov/project- pages/cvi/ http://www.dep.state.pa.us/river/refere Coastal Erosion http://www.floods.org/PDF/NAI/PA_bluff nce/brha.htm _erosion.pdf https://www.dep.pa.gov/Business/Water /PlanningConservation/Drought/Pages/d efault.aspxhttps://www.drought.gov/dro https://www.ncdc.noaa.gov/stormevent ught/ s/ https://www.drought.gov/drought http://www.agcensus.usda.gov/Publicati Drought https://www.drought.gov/drought/sear /data-maps-tools/current- ons/2007/Online_Highlights/County_Prof ch/data conditions iles/Pennsylvania/index.asp

http://www.dcnr.state.pa.us/topogeo/gr oundwater/pagwis/downloads/index.htm

https://www.millersville.edu/esci/geolog http://www.dcnr.state.pa.us/topogeo/h y/earthquake.php azards/earthquakes.aspx Earthquake http://www.millersville.edu/esci/geology https://earthquake.usgs.gov/data/shake /img/quakehazardzones.jpg map/ https://www.spc.noaa.gov/efscale/

http://soildatamart.nrcs.usda.gov/State.a http://geology.com/articles/expansive- Expansive Soils spx soil.shtml http://soils.usda.gov/use/risks.html

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Hazard General Information/Maps/Data Sources Previous Occurrences Risk and Vulnerability

https://www.ncdc.noaa.gov/stormevent https://www.fema.gov/media-library- s/ data/20130726-1549-20490- http://www.climate.psu.edu/data/city_i Extreme 2128/natural_hazards_2.pdf nformation/index.php?city=phl&page= Temperatures https://www.weather.gov/safety/heat- mae&type=big7 index http://climate.met.psu.edu/data/events / http://msc.fema.gov/ https://www.ncdc.noaa.gov/stormevent Flood, Flash https://icejam.sec.usace.army.mil/ords/f s/ http://msc.fema.gov/ Flood, Ice Jams ?p=101:7 https://icejam.sec.usace.army.mil/ords/ https://www.floodsmart.gov/ f?p=101:7

https://www.nssl.noaa.gov/education/svr https://www.ncdc.noaa.gov/stormevent Hailstorm

wx101/hail/ s/

https://www.aoml.noaa.gov/hrd/links.ht https://www.ncdc.noaa.gov/stormevent https://coast.noaa.gov/digitalcoast Hurricane, ml s/ /data/home.html Tropical Storm, http://www.aoml.noaa.gov/hrd/tcfaq/G1 https://www.aoml.noaa.gov/hrd- http://www.aoml.noaa.gov/hrd/tcf Nor'easter 1.html faq/#1569588325728-85935767-ade4 aq/G11.html https://www.usgs.gov/hurricanes https://www.invasivespeciesinfo.gov/res ources-indexed http://www.imapinvasives.org/ https://www.doi.gov/invasivespeci https://www.doi.gov/invasivespecies https://www.dcnr.pa.gov/Conservation/ Invasive Species es/early-detection-and-rapid- https://www.dcnr.pa.gov/Conservation/ WildPlants/InvasivePlants/Pages/default response WildPlants/InvasivePlants/Pages/default. .aspx aspx https://pubs.usgs.gov/pp/p1183/pp1183. https://www.dcnr.pa.gov/Geology/Geol html Landslide ogicHazards/Landslides/Pages/default.a https://www.dcnr.pa.gov/Geology/Geolo spx gicHazards/Pages/default.aspx

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Hazard General Information/Maps/Data Sources Previous Occurrences Risk and Vulnerability

https://ghrc.nsstc.nasa.gov/lightning/dat https://www.ncdc.noaa.gov/stormevent aset-info.html Lightning Strike s/ https://www.lightningmaps.org/blitzortu http://www.lightningsafety.noaa.gov/st ng/america/index.php?lang=en atistics.htm www.flu.gov https://www.health.pa.gov/topics/prep/ https://www.health.pa.gov/topics/diseas Pages/History.aspx Pandemic e/Pages/Pandemic.aspx https://www.ghsindex.org/ https://www.cdc.gov/flu/pandemic- http://www.who.int/en/ resources/basics/past-pandemics.html http://www.cdc.gov/h1n1flu/qa.htm https://www.epa.gov/radon https://www.dep.pa.gov/Business/Radia https://www.dep.pa.gov/Business/Radiat Radon Exposure tionProtection/RadonDivision/Pages/def ionProtection/RadonDivision/Pages/defa ault.aspx ult.aspx https://www.dcnr.pa.gov/Geology/Geolo gicHazards/Sinkholes/Pages/default.aspx https://www.dcnr.pa.gov/Geology/ http://water.usgs.gov/ogw/pubs/fs00165 GeologicHazards/Sinkholes/Pages/ Subsidence, http://www.gis.dcnr.state.pa.us/maps/i / default.aspx Sinkholes ndex.html?geology=true http://www-atlas.usgs.gov/atlasftp.html http://www.depgis.state.pa.us/pa https://water.usgs.gov/ogw/subsidence.h msi/index.html tml

https://www.spc.noaa.gov/climo/online https://iibec.org/giving-tornadoes-their- https://www.fema.gov/media- /monthly/newm.html Tornado, due/http://www.fema.gov/graphics/libra library-data/1467990808182- https://www.ncdc.noaa.gov/stormevent Windstorm ry/wmap.gif 0272256cba8a35a4e8c35eeff53dd s/ https://www.nssl.noaa.gov/education/svr 547/fema_p361_July2016_508.pdf

wx101/tornadoes/

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Hazard General Information/Maps/Data Sources Previous Occurrences Risk and Vulnerability

https://www.usgs.gov/land- http://www.fs.fed.us/land/wfas https://www.ncdc.noaa.gov/stormevent resources/lcsp/fire-danger-forecast Wildfire https://www.dcnr.pa.gov/Communities/ s/ http://www.apps.dcnr.state.pa.us/ Wildfire/Pages/default.aspx forestry/farmbill/prioritylandscape s.html https://www.ncdc.noaa.gov/stormevent https://www.fema.gov/media- s/ https://www.ready.gov/winter-weather library-data/1494008826172- https://w2.weather.gov/climate/index.p Winter Storm https://www.nssl.noaa.gov/education/svr 76da095c3a5d6502ec66e3b81d5b hp?wfo=ctp wx101/winter/ b12a/FEMA_2017_WinterStorm_H http://climate.met.psu.edu/data/events TP_FINAL.pdf /

Human-Made and Technological Hazards General Information/Maps/Data Hazard Previous Occurrences Risk and Vulnerability Sources https://www.dhs.gov/science-and- Building or technology/building-and-

Structure Collapse infrastructure-protection-series-

designing-buildings-withstand https://en.wikipedia.org/wiki/List_of_inci https://www.usfa.fema.gov/downloa Civil Disturbance dents_of_civil_unrest_in_the_United_Stat ds/pdf/publications/fa-142.pdf es https://www.homelandsecurity.pa.go https://www.fema.gov/blog/2019- v/cyber-security/Pages/Cyber- Cyber Attack 10-28/building-culture-cyber- Security.aspx preparedness https://www.fema.gov/cybersecurity

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General Information/Maps/Data Hazard Previous Occurrences Risk and Vulnerability Sources https://www.dep.pa.gov/Business/Water/ https://www.dep.pa.gov/Business/W Waterways/DamSafety/Pages/default.asp https://nid.sec.usace.army.mil/ords/f ater/Waterways/DamSafety/Pages/P Dam Failure x ?p=105:1:::::: robable-Maximum-Precipitation- https://damsafety.org/dam- Study-.aspx failures#Learning%20from%20the%20Past

https://www.dcnr.pa.gov/Recreation Disorientation /SearchAndRescue/Pages/default.asp x

https://ndpa.org/ https://www.cdc.gov/homeandrecre http://www.cdc.gov/HomeandRecrea Drowning ationalsafety/water- tionalSafety/Water- safety/waterinjuries-factsheet.html Safety/waterinjuries-factsheet.html http://www.pasda.psu.edu/uci/SearchRes http://www.pasda.psu.edu/uci/Searc ults.aspx?Keyword=coal+mining Environmental hResults.aspx?Keyword=coal+mining https://www.cdc.gov/niosh/mining/statist Hazards: Coal https://www.dep.pa.gov/Business/La ics/minedisasters.html Mining nd/Mining/Pages/default.aspx https://guides.libraries.psu.edu/c.php?g=3 32704&p=2236160 Environmental Hazards: Oil and https://www.depgis.state.pa.us/PaOil http://www.pasda.psu.edu/uci/SearchRes Gas Wells AndGasMapping/OilGasWellsStrayGa ults.aspx?originator=Pennsylvania+Depart (Conventional and sMap.html? ment+of+Environmental+Protection Unconventional) Environmental https://www.dep.pa.gov/Business/Pr https://www.phmsa.dot.gov/data-and- Hazards: Gas and ogramIntegration/Pennsylvania- statistics/pipeline/pipeline-incident-20- Liquid Pipelines Pipeline-Portal/Pages/default.aspx year-trends

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General Information/Maps/Data Hazard Previous Occurrences Risk and Vulnerability Sources Environmental http://www.phmsa.dot.gov/hazmat/librar https://www.pema.pa.gov/Prepared Hazards: https://www.epa.gov/toxics-release- y/data-stats/incidents ness/Hazardous- Hazardous inventory-tri-program https://www.epa.gov/toxics-release- Material/Pages/default.aspx Materials Release inventory-tri-program https://www.fema.gov/media- https://levees.sec.usace.army.mil/#/ library-data/1493669998010- https://www.dep.pa.gov/Business/W Levee Failure ca277a2ca7dd95f5011a63771cfbd36 ater/Waterways/Flood- 8/Emergency_Preparedness_Guideli Protection/Pages/LeveeSafety.aspx nes_For_Levees_2012.pdf

Mass Food and https://www.cdc.gov/foodnet/index.html http://www.cdc.gov/foodsafety/cdc- Animal Feed ?CDC_AA_refVal=https%3A%2F%2Fwww.c and-food-safety.html Contamination dc.gov%2Ffoodnet%2Findex.htm

https://www.nrc.gov/about- nrc/emerg-preparedness/about- emerg-preparedness/planning- zones.html https://en.wikipedia.org/wiki/Lists_of_nuc https://www.nrc.gov/about- Nuclear Incidents https://www.dep.pa.gov/Business/Ra lear_disasters_and_radioactive_incidents nrc/emerg-preparedness.html diationProtection/NuclearSafety/Pag es/Pennsylvania's-Nuclear-Power- Plants.aspx

https://www.cdc.gov/drugoverdose/ https://www.drugabuse.gov/opioid- epidemic/index.html Opioid Addiction summaries-by-state/pennsylvania-opioid- https://data.pa.gov/stories/s/9q45- involved-deaths-related-harms nckt/

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General Information/Maps/Data Hazard Previous Occurrences Risk and Vulnerability Sources https://www.dhs.gov/xlibrary/assets/ https://www.dhs.gov/xlibrary/assets rma-risk-assessment-technical- /rma-risk-assessment-technical- publication.pdf publication.pdf Terrorism https://ourworldindata.org/terrorism https://www.fema.gov/media- https://www.fema.gov/media- library-data/20130726-1549-20490- library-data/20130726-1524-20490- 0802/terrorism.pdf 3869/howto7.pdf https://safetydata.fra.dot.gov/officeofsafe ty/publicsite/Query/TenYearAccidentIncid entOverview.aspx https://www.penndot.gov/TravelInPA/Saf ety/Pages/Crash-Facts-and-Statistics.aspx Transportation http://www.fhwa.dot.gov/infrastruct https://crashinfo.penndot.gov/PCIT/welco

Accidents ure/asstmgmt/dipa03.cfm me.html http://www.ntsb.gov/ntsb/query.asp https://www.ntsb.gov/_layouts/ntsb.aviat ion/index.aspx https://www.ntsb.gov/_layouts/ntsb.aviat ion/index.aspx http://www.pafirefighters.com/ https://www.nfpa.org/News-and- https://www.nfpa.org/News-and- Urban Fire and Research/Data-research-and- Research/Data-research-and- Explosion tools/Emergency-Responders/Fire- tools/Building-and-Life-Safety/Home- department-calls Structure-Fires

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General Information/Maps/Data Hazard Previous Occurrences Risk and Vulnerability Sources https://www.fema.gov/media- library-data/1512398599047- 7565406438d0820111177a9a2d4ee3 c6/POIA_Final_7- Utility 2017v2_(Compliant_pda)_508.pdf http://www.puc.state.pa.us/ Interruption https://www.fema.gov/media- library-data/1510690314175- 1e6c4874b251c3022ac4b57b0369e2 da/Power_Outage_Ready_Business_ Toolkit_Interactive_Final_508.pdf https://www.attorneygeneral.gov/data/pe nnsylvania-uniform-crime-reporting- War and Criminal https://www.ucrdatatool.gov/Search system-offenses/ Activity /Crime/State/StatebyState.cfm https://www.ucrdatatool.gov/Search/Crim e/State/StatebyState.cfm

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Appendix 15 | Checklist to Identify Local Compliance with the National Flood Insurance Program (NFIP)

Name: Title: Jurisdiction: Email:

Participation in the NFIP is based on a voluntary agreement between a community and FEMA. Compliance with the NFIP, however, extends beyond mere participation in the program. The three basic components of the NFIP include 1) floodplain identification and mapping risk, 2) responsible floodplain management and 3) flood insurance. The requirements of the program are listed below. Please state whether or not your jurisdiction takes the following actions and provide appropriate comments.

Staff Resources Topic Source of Information Comments Is the Community FPA or NFIP Coordinator certified? Community Floodplain Administrator (FPA) Is the floodplain management an auxiliary function? Community FPA Provide an explanation of NFIP administration services (e.g., permit review, GIS, education or Community FPA outreach, inspections, engineering capability) What are the barriers to running an effective NFIP Community FPA program in the community? Compliance History Topic Source of Information Comments Is the community in good standing with the NFIP? State NFIP Coordinator, FEMA Municipality Action NFIP Specialist, community records Are there any outstanding compliance issues (i.e., current violations)? When was the most recent Community Assistance Visits (CAV) or Community Assistance Contact (CAC)? Is a CAV or CAC scheduled or needed?

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Regulation Topic Source of Information Comments When was the most recent Community Assistance Community Status Book http://www.fema.gov/national-flood-insurance- Visit (CAV) or Community Assistance Contact (CAC)? program/national-flood-insurance-program-community- status-book Are the FIRMs digital or paper? Community FPA Do floodplain development regulations meet or Community FPA exceed FEMA or State minimum requirements? If so, in what ways? Provide an explanation of the permitting process. Community FPA, State, FEMA NFIP Insurance Summary Topic Source of Information Comments How many NFIP policies are in the community? State NFIP Coordinator or What is the total premium and coverage? FEMA NFIP Specialist How many claims have been paid in the community? FEMA NFIP or Insurance What is the total amount of paid claims? How many Specialist substantial damage claims have there been? How many structures are exposed to flood risk Community FPA or GIS within the community? Analyst Describe any areas of flood risk with limited NFIP Community FPA or FEMA policy coverage. Insurance Specialist Community Rating System (CRS) Topic Source of Information Comments Does the community participate in CRS? Community FPA, State, FEMA NFIP If so, what is the community’s CRS Class Ranking Flood Insurance Manual http://www.fema.gov/flood-insurance-manual What categories and activities provide CRS points and how can the class be improved? Does the plan include CRS planning requirements? Community FPA, FEMA CRS Coordinator, ISO representative

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Appendix 16 | Jurisdictional Risk Comparison Matrix Purpose: To distinguish unique and varied risk to hazards among jurisdictions.

Instructions: List the hazards profiled in the HMP and the calculated countywide risk factor. Ask each jurisdiction to mark for each hazard whether it believes its risk is greater than (>), less than (<), or equal to the County’s risk factor.

IDENTIFIED HAZARD AND CORRESPONDING COUNTYWIDE RISK FACTOR

8

JURISDICTION

Hazard 1 Hazard 2 Hazard 3 Hazard 4 Hazard 5 Hazard 6 Hazard 7 Hazard Hazard 9 Hazard

Hazard 10 Hazard 11 Hazard 12 Hazard 13 Hazard

3.x 3.x 3.x 2.x 2.x 2.x 2.x 2.x 2.x 2.x 1.x 1.x 1.x EXAMPLE: Hazard < = = = > = = > > = = = < Township

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Appendix 17 | Data Requirements for Historic Properties and Cultural Resources To perform hazard mitigation planning for historic and cultural resources, it is critical to gather pertinent inventory information regarding individual historic and cultural resources, in addition to natural hazard- related data. Opportunities to combine surveying efforts for building data and hazard data should be pursued.

It is anticipated that data regarding historic and cultural resources should already be available in an existing database or inventory, such as the Pennsylvania Cultural Resources Geographic Information System. While this data exists, it should not be considered complete. It is important to pursue opportunities to combine historic and cultural resource data and hazard mitigation data collection and surveying efforts. The PA SHPO should be consulted as it is possible that there are existing surveying efforts planned into which hazard risks can be incorporated. This is also an opportunity to update out- of-date survey data, and to expand into to previously un-surveyed areas. It is important to consult with PA SHPO staff to determine if information is available for specific areas, or to determine if further inventory is required to document potential historic and cultural resources in that area.

The following checklist identifies the necessary building data to be determined/collected, which is in accordance with the PA SHPO Minimum Record for above ground resources, and will be integrated with additional hazard-related data:

Historic Property and Cultural Resource Included Not Included Building Characteristics Data PHMC Key Number*   Property Name* (common name, if applicable)   Identification and Location: Latitude/Longitude Property Address   Tax Parcel ID Number Municipality Architectural Style*   Historic Property Function   Current Property Function   Historic Designation* (national, state, local)   Historic District Name (if applicable)   Year Built   Type of Materials: Type of Foundation*  

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Historic Property and Cultural Resource Included Not Included Building Characteristics Data Height of Foundation* Type of Frame Roofing Type & Material* Exterior Wall Material(s)* Resource Type (building, object, site, structure)   Number of Accessory Buildings   Assessed Value of Building/Property   Width in Bays   Number of Stories   Presence of a Basement* (Y/N)   Physical Condition (excellent, good, fair, poor)   Property/Building Photographs   *Essential data

The following checklist identifies the necessary flood-related and hazard-related information to be collected/determined, which will be integrated with building data to develop a preservation-based hazard mitigation solution to best protect historic properties and cultural resources from flooding and other natural hazards, while preserving its integrity and significance:

Flood and Hazard Risk Data Included Not Included

FEMA FIRM Number   100-Year Floodplain? (Y/N) *   500-Year Floodplain? (Y/N) *   Base Flood Elevation*   First Floor Elevation*   Historic Properties GIS Layer   Lowest Opening Elevation*   Lowest Adjacent Grade*   Lowest Opening Type (door, window.)  

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Flood and Hazard Risk Data Included Not Included

Type of Flooding (riverine, coastal, etc.)   Flooding Source   Distance from Closest Edge of Building to Flooding Source (where possible)   Flood Mitigation Observed (elevation, wet/dry floodproofing, etc.)   Distance to Nearest Dense Vegetation (for wildfire risk)   Distance from Building to Nearest Mature Tree (for severe wind event risk)   *Essential data

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Appendix 18 | Historic Properties and Cultural Resources Preservation Potential Funding Sources A list of federal, state and private historic and cultural preservation funding sources is included below:

Funding Source Funding Source Intentions and Considerations Name Federal Funding Sources Assists states, federally recognized Indian tribal governments, and communities with the goal of reducing or eliminating claims under the National Flood Insurance Program (NFIP). Flood mitigation projects to reduce Flood Mitigation or eliminate the long-term risk of flood damage to properties insured under Assistance (FMA) the NFIP are eligible for the FMA program. Eligible project types include Program acquisition-demolition and acquisition-relocation; elevation of existing structures to the Base Flood Elevation (BFE) or an ABFE Advisory Base Flood Elevation (ABFE) or higher; minor localized flood risk reduction projects; and dry-flood proofing (historic properties and non-residential structures). Hazard Mitigation Provides funding support to states, Indian tribal governments, territories, Grant Program communities, and other eligible applicants to reduce the risk of future (HMGP) damage, loss of life and property in any area affected by a major disaster. Pre-Disaster Provides funding support for pre-disaster mitigation planning and projects Mitigation (PDM) primarily addressing natural hazards. Preparing for Provides assistance that will support communities prepare for new and Emerging Treats and emerging threats and hazards. Hazards (PETH) 203(k) Rehab Assists borrowers and lenders, insuring a single, long term, fixed or adjustable Mortgage Insurance rate loan that covers both the acquisition and rehabilitation of a property. Neighborhood Provides emergency assistance to stabilize communities with high rates of Stabilization Program abandoned and foreclosed homes. (NSP) National Center for Preservation Focuses on funding projects that develop new technologies or adapt existing Technology and technologies to preserve cultural resources. Training State Funding Sources The National Historic Preservation Act of 1966 establishes a program of matching grants to the states through which the federal government assists the SHPOs in carrying out their historic preservation responsibilities. Federal Certified Local law requires at least 10 percent of the annual Historic Preservation Fund Government (CLG) grant allocation to Pennsylvania be set aside for distribution to Certified Local Grants* Governments (CLG). This is only for Certified Local Governments, in which there are 44 in the Commonwealth. While the funding source is federal, the actual grant application is through the SHPO, at the state level. Keystone Fund Supports projects that identify, preserve, promote and protect historic and Historic Preservation archaeological resources of Pennsylvania for the benefit of the public and the Planning Grants revitalization of communities.

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Funding Source Funding Source Intentions and Considerations Name Keystone Historic Supports projects that rehabilitate, restore, or preserve historic resources Preservation listed in or eligible for listing in the National Register of Historic Places. Construction Grants The Redevelopment Administered for the acquisition and construction of regional economic, Assistance Capital cultural, civic, recreational, and historical improvement projects. Program (RACP) Appalachian Regional Provides a broad array of small business assistance to the Appalachian region. Commission (ARC) The Appalachian Region follows the spine of the Appalachian Mountains Grants through 13 states, including through 52 of Pennsylvania’s counties. Marcellus Legacy Focuses on funding statewide initiatives to assist with flood mitigation Fund projects. Private Funding Sources Focuses on saving historic environments to foster an appreciation of our Johanna Favrot Fund nation’s diverse cultural heritage and to preserve and revitalize the livability for Historic of the nation’s communities. This is available for National Trust members at a Preservation certain level, or Main Street members. Encourages preservation at the local level by providing seed money for preservation projects to help stimulate public discussion, enable local groups National Trust to gain the technical expertise, introduce the public to preservation concepts Preservation Funds and techniques, and encourage financial participation by the private sector. (NTPF) This is available for Organizational Level Forum members or Main Street America members of the National Trust, and is primarily used for planning purposes, opposed to brick and mortar work. Louis J. Appell, Jr., Encourages preservation at the local level by providing money for the Preservation Fund for maintenance and preservation of historic places in Central Pennsylvania. This Central Pennsylvania is available for Trust members at organizational level. Henry A. Jordan, Provides funding to deserving organizations demonstrating commitment to M.D., Preservation the protection of natural and cultural resources in the Mid-Atlantic region. Excellence Fund Archaeological Targets projects that preserve archaeological sites, and emphasize outreach, Institute of America education, and/or best practices intended to create a positive impact on the (AIA) Site local community, students, and the discipline of archaeology. Preservation Grant Industrial Heritage Preservation Grants, Focuses on the study, documentation, recordation, and/or preservation of Society for Industrial significant historic industrial sites, structures, and objects. Archaeology

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Appendix 19 | Hazard Mitigation Assistance (HMA) Forms HAZARD MITIGATION GRANT PROGRAM (HMGP) Letter of Intent/Pre-Application

SUBJECT: Hazard Mitigation Grant Program (HMGP) Letter of Intent TO: State Hazard Mitigation Officer (SHMO) Pennsylvania Emergency Management Agency 1310 Elmerton Avenue Harrisburg, PA 17110 Dear SHMO: The purpose of this notice is to inform you of our interest in participating in the Hazard Mitigation Grant Program for federally declared disaster FEMA-______-DR-PA.

Signature Title

DATE:

APPLICANT COMMUNITY:

COUNTY:

PROJECT CONTACT

NAME:

TITLE:

AGENCY: _

ADDRESS: _

_

PHONE: _

E-Mail:

TYPE OF ORGANIZATION

Municipal Government Private Nonprofit County Government State Agency

LOCATION OF PROJECT:

BRIEF DESCRIPTION OF PROJECT:

BRIEF DESCRIPTION OF PROBLEM TO BE SOLVED:

TOTAL ESTIMATED COST:

SOURCE OF FUNDING FOR NON-FEDERAL SHARE: FAX to PEMA at 717-651-2150 or mail to:

State Hazard Mitigation Officer PEMA 1310 Elmerton Avenue Harrisburg, Pennsylvania 17110 110

PRE-APPLICATION MUST BE SUBMITTED BEFORE AN APPLICATION PACKET WILL BE SENT TO YOU 183 PENNSYLVANIA HAZARD MITIGATION PLAN STANDARD OPERATING GUIDE

FEMA HAZARD MITIGATION ASSISTANCE UNIFIED GRANT PROGRAM

(Non Disaster Grants) Letter of Interest

SUBJECT: FEMA Hazard Mitigation Assistance Unified Grant Program (Non Disaster HM Grants)

TO: State Hazard Mitigation Officer (SHMO) Pennsylvania Emergency Management Agency, Bureau of Recovery and Mitigation Hazard Mitigation Division, 1310 Elmerton Avenue, Harrisburg, PA 17110

Dear SHMO: The purpose of this notice is to inform you of our interest in participating in the Unified Hazard Mitigation Assistance Program for the federal fiscal year (FFY).

Signature Title

DATE:

APPLICANT COMMUNITY:

COUNTY: PROJECT CONTACT

NAME:

TITLE:

AGENCY:

ADDRESS:

PHONE:

EMAIL:

TYPE OF PROGRAMS INTERESTED IN Flood Mitigation Assistance (FMA) Building Resilient Infrastructure and Communities (BRIC)

TYPE OF ORGANIZATION Municipal Government Private Nonprofit Public College/University (PDM only) County Government State Agency

LOCATION OF PROJECT:

BRIEF DESCRIPTION OF PROJECT:

BRIEF DESCRIPTION OF PROBLEM TO BE SOLVED:

TOTAL ESTIMATED COST:

SOURCE OF FUNDING FOR NON-FEDERAL SHARE:

FAX to PEMA at 717-651-2150 or mail to: State Hazard Mitigation Officer (SHMO) Pennsylvania Emergency Management Agency, Bureau of Recovery & Mitigation, Hazard Mitigation Division, 1310 Elmerton Avenue, Harrisburg, PA 17110111

*PRE-APPLICATION MUST BE SUBMITTED BEFORE AN APPLICATION PACKET WILL BE SENT TO YOU 184 FY 2019 PRE-DISASTER MITIGATION PROGRAM GRANT AGREEMENT ARTICLES CFDA# 97.047

RECIPIENT: Pennsylvania Emergency Management Agency (PEMA)

AGREEMENT NUMBER: EMP-2020-PC-0005

AMENDMENT NUMBER: Award

DESIGNATED AGENCY: Pennsylvania Emergency Management Agency (PEMA)

PERFORMANCE PERIOD: September 24, 2020 through September 23, 2023

GENERAL INFORMATION: The Pre-Disaster Mitigation (PDM) grant program provides grants to States, Territories, and Indian Tribal governments who, in turn, may provide Subawards to local governments for cost- effective mitigation activities that are selected via a Ranking review process. Funds will be used to implement a sustained pre-disaster natural hazard mitigation program to reduce overall risk to the population and structures, while also reducing reliance on funding from major disaster declarations.

The following Articles I-VIII are FEMA’s Grant Award Terms and Conditions. DHS Grant Award Standard Terms and Conditions follow those Articles. The Recipient agrees to abide by all the Grant Award Terms and Conditions in this document.

ARTICLE I. FEMA AUTHORITY The United States of America through the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) agrees to grant to the State/Indian Tribal government, through its designated agency named above, hereinafter referred to as "the Recipient," through its designated agency named above, the funds in the amount specified on the obligating document, to support the Pre-Disaster Mitigation Grant Program, authorized under 42 U.S.C. 5133, Section 203, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), Public Law 93-288, as amended.

185 ARTICLE II. PROJECT DESCRIPTION

The Recipient shall perform the work described in the application package and made a part of these Grant Agreement Articles.

ARTICLE III. PERIOD OF PERFORMANCE

The period of performance shall be September 24, 2020 through September 23, 2023. All costs must be incurred during the period of performance, including pre-award costs.

ARTICLE IV. AMOUNT AWARDED

This Grant Award is for the administration and completion of an approved Pre-Disaster Mitigation project. Funds approved under this Grant Agreement may not be used for other purposes. If costs exceed the amount of FEMA funding approved, then the Recipient shall pay the costs that are in excess of the approved budget.

The approved budget for this Grant Award is shown in the Cost Review Section of the grant application.

The Recipient shall follow regulations found in Title 2 Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards “Super Circular” [which superseded 44 CFR Part 13, 2 CFR Part 215, and Office of Management and Budget (OMB) Circulars A-21, A-50, A-87, A-89, A-102, A-110, A-122, and A-133 as of December 26, 2014, for awards made under major disaster declarations declared on or after that date; or for non-disaster awards made on or after that date], Title 2 CFR Part 170, Reporting Subaward and Executive Compensation – Appendix A to Part 170 – Award Term (see ARTICLE VII. TERMS AND CONDITIONS), and the Hazard Mitigation Assistance Guidance to implement this Grant Agreement.

ARTICLE V. COST SHARE The cost-share requirement for this award is 73 % Federal and 27 % non-Federal.

The cost-share for PDM is governed by 42 USC § 5133, Section 203(h), of the Stafford Act:

a. Small, impoverished communities may receive a Federal cost-share of up to 90% of the total cost to implement eligible PDM activities.

b. The PDM program offers up to 75% Federal cost-share to all other applicants and subapplicants for mitigation activities.

186 FEDERAL NON FEDERAL NON FEDERAL SHARE FEDERAL SUBGRANT # SUBGRANT TITLE SHARE SHARE % SHARE West Mead Township PDMC-PJ-03-PA-2019-002 Emergency Generator $32,184.75 $10,728.25 75% 25% Pike County Hazard Mitigation PDMC-PL-03-PA-2019-003 Plan 2022 Update $36,637.50 $12,212.50 75% 25%

Tioga County Hazard Mitigation PDMC-PL-03-PA-2019-005 Plan Update $33,750.00 $11,250.00 75% 25% Monroe County 2021 Hazard PDMC-PL-03-PA-2019-006 Mitigation Plan $42,000.00 $14,000.00 75% 25% Pennsylvania Hazard Mitigation PDMC-PL-03-PA-2019-007 Plan Update $300,000.00 $100,000.00 75% 25% Columbia County HM plan PDMC-PL-03-PA-2019-009 update $45,000.00 $15,000.00 75% 25% Bedford County Hazard PDMC-PL-03-PA-2019-011 Mitigation Plan Update 91.5 $41,250.00 $13,750.00 75% 25%

Beaver County Hazard PDMC-PL-03-PA-2019-012 Mitigation Plan $50,324.19 $16,774.86 75% 25% Clearfield County Hazard PDMC-PL-03-PA-2019-013 Mitigation Plan Update $45,000.00 $15,000.00 75% 25% Cameron County Hazard PDMC-PL-03-PA-2019-015 Mitigation Plan $29,850.00 $9,950.00 75% 25%

City of Philadelphia Pre Disaster PDMC-PL-03-PA-2019-017 Mitigation $75,000.00 $25,000.00 75% 25% Delaware County Natural PDMC-PL-03-PA-2019-020 Hazard Mitigation Planning $24,398.00 $50,602.00 33% 67% PDMC-PL-03-PA-2019-021 Cambria County $37,500.00 $12,500.00 75% 25% Butler County Hazard Mitigation PDMC-PL-03-PA-2019-022 Plan Project $45,000.00 $15,000.20 75% 25% PDMC-PL-03-PA-2019-023 2019 PDM Advance Assistance $129,375.32 $43,124.68 75% 25% $967,269.76 $322,423.24 73% 27% PDMC-MC-03-PA-2019-024 PDM 2019 Management Cost $96,726.98 $32,242.32 75% 25% $1,063,996.74 $397,144.81 73% 27% *Highlight projects above are oversubscribed in the non-Federal share.

ARTICLE VI. FEMA OFFICIALS

FEMA officials are as follows:

The Project Officer shall be an official at the FEMA Regional Office who will be responsible for the monitoring of the activities as described in the application.

187 The Project Officer is: Crystal Newman

The Assistance Officer is the FEMA official who has full authority to negotiate, administer and execute all business matters of the Grant Agreement.

The Assistance Officer is: Regeane Frederique

ARTICLE VII. TERMS AND CONDITIONS

The specific terms and conditions of this agreement are as follows:

Federal Funding Accountability and Transparency Act: The Federal Funding Accountability and Transparency Act (FFATA) of 2006 (2 CFR Part 170) requires Recipients to report certain information about themselves and their first-tier Subrecipients for each Federal award of $25,000 or more awarded on or after October 1, 2010. (See attached APPENDIX A to Part 170-Award term).

ASSURANCE COMPLIANCE:

The certifications signed by the Recipient in the application relating to maintenance of a Drug- Free Workplace (44 CFR Part 17, Subpart F) and New Restrictions on Lobbying (44 CFR Part 18) apply to this grant agreement and are incorporated by reference.

Prohibition on Using Federal Funds.

The Recipient understands and agrees that it cannot use any Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA.

Compliance with Program Guidance.

The Recipient agrees that all use of funds under this Grant Agreement will be in accordance with the Hazard Mitigation Assistance Guidance at the time of the application.

BUDGET REVISIONS:

188 The Recipient shall follow prior approval requirements for budget revisions found in 2 CFR § 200.308. Transfer of funds between total direct cost categories in the approved budget shall receive the prior approval of FEMA when the Federal share of the award exceeds the simplified acquisition threshold and the cumulative transfers among those direct cost categories exceed ten percent of the total budget.

If a Recipient estimates that it will have obligated funds remaining after the end of the performance period, the Recipient must report this to the FEMA Regional Office at the earliest possible time and ask for disposition instructions.

Acceptance of Post Award Changes

In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, Recipients will be notified of the changes in writing. Once notification has been made, any subsequent drawdown of additional funds will indicate the Recipient’s acceptance of the changes to the award.

CLOSEOUT: Reports Submission: Per 2 CFR Part 200, when the appropriate grant award performance period expires, the Recipient shall submit the following documents within 90 days: (1) a final Financial Report; (2) final Program Performance Report; (3) an inventory of equipment purchased under each grant’s funds; (4) an inventory of Federally-owned property; and (5) other required documents specified by program regulation.

Report Acceptance: FEMA shall review the Recipient reports, perform the necessary financial reconciliation, negotiate necessary adjustments between the Recipient and FEMA’s records, and close out the grant in writing.

Record Retention: Records shall be retained for 3 years (except in certain rare circumstances) from the date the final Federal Financial Report for project completion as certified by the Recipient is submitted to FEMA in compliance with 2 CFR Part 200 and Section 705 of the Stafford Act (42 U.S.C. § 5205).

CONSTRUCTION PROJECT REQUIREMENTS: 1. Acceptance of Federal funding requires the Recipient and any Subrecipients to comply with all Federal, state and local laws prior to the start of any construction activity. Failure to obtain all appropriate Federal, state and local environmental permits and clearances may jeopardize Federal funding. 2. Any change to the approved scope of work will require re-evaluation by FEMA for Recipient and Subrecipient compliance with the National Environmental Policy Act and other laws and Executive Orders. 3. If ground disturbing activities occur during construction, the Recipient and any Subrecipients must ensure monitoring of ground disturbance and, if any potential archaeological resources

189 are discovered, the Subrecipient will immediately cease construction in that area and notify the Recipient and FEMA.

COPYRIGHT: The Recipient is free to copyright any original work developed in the course of or under this Grant Agreement. FEMA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the work for Government purposes. Any publication resulting from work performed under this agreement shall include an acknowledgement of FEMA financial support and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA views.

COST SHARE: The Recipient shall follow cost-sharing requirements mandated by program guidance and statute, and in compliance with 2 CFR § 200.306. Cost-share funding shall be available with the approval of each grant. Period of Performance extensions shall not be approved for delays caused by lack of cost-share funding.

ENFORCEMENT: FEMA enforcement remedies shall be processed as specified in 2 CFR §§ 200.338-200.342, and for acquisitions, as specified in 44 CFR § 80.19(e), when the Terms and Conditions of this Grant Agreement are not met.

EQUIPMENT/SUPPLIES: The Recipient must comply with the regulations listed in 2 CFR Part 200 and must be in compliance with state laws and procedures.

FUNDS TRANSFER: No transfer of funds to agencies other than those identified in the approved Grant Agreement shall be made without prior approval of FEMA.

INSURANCE: In compliance with 42 U.S.C. § 4012a(a), when financial assistance is approved for acquisition or construction purposes within the Special Flood Hazard Area (SFHA), flood insurance shall be maintained for the life of the property regardless of transfer of ownership for any properties.

PAYMENT: Recipient shall be paid using the FEMA Payment and Reporting System (PARS), provided Recipient maintains and complies with procedures for minimizing the time between transfer of funds from the US Treasury and disbursement by the Recipient and Subrecipients. The Recipient commits itself to: 1) initiating cash drawdowns only when actually needed for its disbursement; 2) timely financial reporting per FEMA requirements, using the SF-425; and 3) imposing the same standards of timing and amount upon any Subrecipient.

Subrecipients must comply with the same payment requirement as the Recipient and must comply with the requirements specified in the Recipient’s subaward Agreement.

190 DUPLICATION OF PROGRAMS: FEMA will not provide assistance under its programs for activities that FEMA determines another Federal program has a more specific or primary authority to provide. FEMA may disallow or recoup amounts that duplicate funding from other authorities.

DUPLICATION OF BENEFITS: Hazard Mitigation Assistance (HMA) funds cannot duplicate or be duplicated by funds received by or available to Applicants, Subapplicants, or project or planning participants from other sources for the same purpose, such as benefits received from insurance claims, other assistance programs (including previous project or planning grants and subawards from HMA programs), legal awards, or other benefits associated with properties or damage that are or could be subject of litigation.

Because the availability of other sources of mitigation grant or loan assistance is subject to available information and the means of each individual Applicant, HMA does not require proof that other assistance (not including insurance) has been sought. However, it is the responsibility of the property owner to report other benefits received, any applications for other assistance, the availability of insurance proceeds, or the potential for other compensation, such as from pending legal claims for damages, relating to the property. Amounts of other grants, loans or other assistance designated for the same purpose as HMA funds, if received, may be used to reduce the non-Federal cost-share.

Where the property owner has an insurance policy covering any loss to the property which relates to the proposed HMA project, the means are available for receiving compensation for a loss or, in the case of increased cost of compliance (ICC), assistance toward certain mitigation projects. FEMA will generally require that the property owner file a claim prior to the receipt of HMA funds.

NON DISCRIMINATION: The program must be administered in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status. The program complies with Title VI of the 1964 Civil Rights Act and other applicable laws. All applicants/Recipients/pass-through entities must comply with Title VI, including State and local governments distributing Federal assistance.

Applicants/Recipients and Subapplicants/Subrecipients will ensure that no discrimination is practiced. Applicants must consider fairness, equity, and equal access when prioritizing and selecting project subapplications to submit with their application. Subapplicants and Subrecipients must ensure fairness, equity and equal access when consulting and making offers of mitigation to property owners that benefit from mitigation activities.

CHANGES IN SCOPE OF WORK:

191 Requests for changes to the scope of work (SOW) after award are permissible as long as they do not change the nature or total project cost of the activity, properties identified in the subapplication, the feasibility and effectiveness of the project, or the benefit cost ratio. Requests must be supported by adequate justification from the applicant in order to be processed. The justification is a description of the proposed change, a written explanation of the reason or reasons for the change; an outline of remaining funds available to support the change; and a full description of the work necessary to complete the activity. All approvals will be at FEMA’s discretion, and there is no guarantee that SOW changes will be approved.

PERFORMANCE PERIODS: All grant award activities, including all projects and/or activities approved under each subaward, shall be completed within the time period prescribed and authorized on the obligating documents. All costs must be incurred within the approved performance period.

EXTENSIONS: Requests for time extensions to the Period of Performance will be considered but will not be granted automatically and must be supported by adequate justification submitted to the Regional Office in order to be processed. This justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended Period of Performance; and a description of performance measures necessary to complete the activity. Without justification, extensions requests will not be processed. Financial and Performance reports must be current in order for a time extension to be considered.

RECOUPMENT OF FUNDS: FEMA will recoup mitigation planning grant funds for grants that do not meet the deliverable criteria of an adopted, FEMA-approved mitigation plan by the end of the performance period.

RECOVERY OF FUNDS: The Recipient will process the recovery of assistance paid to Subrecipients processed through error, misrepresentation, or fraud or if funds are spent inappropriately. Recovered funds shall be submitted to FEMA as soon as the funds are collected, but no later than 90 days from the expiration date of the appropriate grant award agreement.

All fraud identifications will be reported to the FEMA Inspector General’s office. The Recipient agrees to cooperate with investigation conducted by the FEMA Inspector General’s office.

REFUND, REBATE, CREDITS: The Recipient shall transfer to FEMA the appropriate share, based on the Federal support percentage, of any refund, rebate, credit or other amounts arising from the performance of this agreement, along with accrued interest, if any. The Recipient shall take necessary action to effect prompt collection of all monies due or which may become due and to cooperate with FEMA in any claim or suit in connection with amounts due.

REPORTS:

192 Federal Financial Reports (SF-425):

The Recipient shall submit the Federal Financial Report (FFR, SF-425) within 30 days of the end of the first Federal quarter following the initial Grant Agreement. The Recipient shall submit quarterly FFRs thereafter until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund drawdowns may be withheld if these reports are delinquent.

Program Performance Reports (SF-PPR):

The Recipient shall submit the Program Performance Reports (SF-PPR) within 30 days of the end of each quarter. The Regional Administrator may waive the initial report. The Recipient shall submit quarterly PPRs thereafter until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. PPRs shall report the name, completion status, expenditure, and payment-to-date of each approved activity/subaward award under the Grant Award.

Final Reports: The Recipient shall submit a final FFR for project completion, as certified by the Recipient, and PPR, 90 days after the end date of the performance period.

TERMINATION: The Recipient, Subrecipient, or FEMA may terminate grant award agreements by giving written notice to the other party at least seven (7) calendar days prior to the effective date of the termination. All notices are to be transmitted via registered or certified mail, return receipt requested. The Recipient’s authority to incur new costs will be terminated upon the date of receipt of the notice or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Closeout of the Grant Agreement will be commenced and processed as prescribed under Article VII.

ARTICLE VIII. GOVERNING PROVISIONS

The Recipient and any Subrecipients shall comply with all applicable laws and regulations. A non-exclusive list of laws and regulations applicable to PDM grants is attached hereto for reference only.

The Recipient and any Subrecipients shall also be bound by the Hazard Mitigation Assistance Guidance.

Applicable Statutes and Regulations Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq.

193 44 CFR Part 80-Property Acquisition and Relocation for Open Space

44 CFR Part 9-Floodplain Management and Protection of Wetlands

2 CFR Part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

44 CFR Part 201

31 CFR Part 205-Rules and Procedures for Efficient Federal-State Funds Transfers

2 CFR Part 170, Reporting Subaward and Executive Compensation – Appendix A to Part 170 – Award Term (attached)

48 CFR Subpart 31.2 (Federal Acquisition Regulation)

194 DEPARTMENT OF HOMELAND SECURITY (DHS)

STANDARD TERMS AND CONDITIONS 2020

The FY 2020 DHS Standard Terms and Conditions apply to all new Federal financial assistance awards funded in FY 2020. The terms and conditions of DHS financial assistance awards flow down to subrecipients, unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.

Assurances, Administrative Requirements, Cost Principles, Representations and Certifications

DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions.

DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002.

DHS Specific Acknowledgements and Assurances

All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.

1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.

2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance.

3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.

4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two (2) years if they have an active award, not every time the award is made. Recipients should submit the completed tool, including supporting materials to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subreicpients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.

195 6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

Standard Terms & Conditions

Acknowledgment of Federal Recipients must acknowledge their use of federal funding when issuing Funding from DHS statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law Number 94-135 (1975) (codified as amended at Title 42 U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

Americans with Disabilities Recipients must comply with the requirements of Titles I, II, and III of the Act of 1990 Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Best Practices for Recipients who collect personally identifiable information (PII) are required to Collection and Use of have a publicly available privacy policy that describes standards on the usage Personally Identifiable and maintenance of PII they collect. DHS defines PII as any information that Information (PII) permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Civil Rights Act of 1964 – Title Recipients must comply with the requirements of Title VI of the Civil Rights Act of VI 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F. R. Part 21 and 44 C.F.R. Part 7.

Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90- 284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the

196 requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (See 24 C.F.R. Part 100, Subpart D).

Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under federal financial assistance awards.

Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Drug-Free Workplace Recipients must comply with drug-free workplace requirements in Subpart B (or Regulations Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Duplication of Benefits Any cost allocable to a particular federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or f e d e r a l f i n a n c i a l a s s i s t a n c e a w a r d terms and conditions ; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

Education Amendments of Recipients must comply with the requirements of Title IX of the Education 1972 (Equal Opportunity in Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § Education Act) – Title IX 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19

Energy Policy and Recipients must comply with the requirements of the Energy Policy and Conservation Conservation Act Act, Pub. L. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

False Claims Act and Program Recipients must comply with the requirements of the False Claims Act (31 U.S.C. §§ Fraud Civil Remedies 3729-3733) which prohibit the submission of false or fraudulent claims for payment to the federal Government. ( See 31 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made.)

197 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. ( See OMB Circular A- 129.)

Federal Leadership on Recipients are encouraged to adopt and enforce policies that ban text messaging Reducing Text Messaging while driving as described in E.O. 13513, including conducting initiatives described in while Driving Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government.

Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Hotel and Motel Fire Safety In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990 Act of 1990 (15 U.S.C. § 2225a), recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225).

Recipients must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.) prohibition against discrimination on the basis of Limited English Proficiency national origin, which requires that recipients of federal financial assistance (Civil Rights Act of 1964, Title take reasonable steps to provide meaningful access to persons with limited VI) English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-department- supported-organizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov.

Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.

National Environmental Policy Recipients must comply with the requirements of the National Environmental Policy Act Act of 1969, Pub. L. 91-190 (1970) Environmental Policy Act 42 U.S.C. § 4321 et seq. (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential

198 considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.

Nondiscrimination in Matters It is DHS policy to ensure the equal treatment of faith-based organizations in Pertaining to Faith-Based social service programs administered or supported by DHS or its component Organizations agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participation of faith-based organizations in individual DHS programs.

Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

Notice of Funding Opportunity All instructions, guidance, limitations, and other conditions set forth in the Notice Requirements of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.

Patents and Intellectual Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless Property Rights otherwise provided by law . Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

Procurement of Recovered States, political subdivisions of states, and their contractors must comply with Materials Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 ( 1 9 6 5 ) , ( c o d i f i e d as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Rehabilitation Recipients must comply with the requirements of Section 504 of the Act of 1973 Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Reporting of 1. General Reporting Requirements Matters Related If the total value of the recipient’s currently active grants, cooperative to Recipient agreements, and procurement contracts from all federal awarding agencies Integrity and exceeds $10,000,000 for any period of time during the period of Performance performance of this federal award, then the recipients during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity

199 and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under Pub. L. 110-417, § 872, as amended 41 U.S.C. § 2313. As required by Pub. L. 111-212, § 3010, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available. 2. Proceedings about Which Recipients Must Report Recipients must submit the required information about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal government; b. Reached its final disposition during the most recent five-year period; and c. One or more of the following: 1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; 2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of fault and liability and the recipient’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal, civil, or administrative proceeding if: a) It could have led to an outcome described in this award term and condition; b) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the recipient’s part; and c) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Recipients must enter the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition in the SAM Entity Management area. Recipients do not need to submit the information a second time under financial assistance awards that the recipient received if the recipient already provided the information through SAM because it was required to do so under federal procurement contracts that the recipient was awarded. 4. Reporting Frequency During any period when recipients are subject to the main requirement in paragraph 1 of this award term and condition, recipients must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that recipients have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For the purpose of this award term and condition:

200 a. Administrative proceeding: means a non-judicial process that is adjudicatory in nature to decide of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction: means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— 1) Only the federal share of the funding under any federal award with a recipient cost share or match; and 2) The value of all expected funding increments under a federal award and options, even if not yet exercised.

Reporting 1. Reporting of first-tier subawards. Subawards and Executive a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of Compensation this award term, the recipient must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in Section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (See definitions in paragraph 5 of this award term).

b. Where and when to report.

1) Recipients must report each obligating action described in paragraph 1 of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS.)

2) For subaward information, recipients report no later than the end of the month following the month in which the obligation was made. For example, if the obligation was made on November 7, 2016, the obligation must be reported by no later than December 31, 2016.

c. What to report. The recipient must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov.

2. Reporting Total Compensation of Recipient Executives.

a. Applicability and what to report. Recipients must report total compensation foreach of the five most highly compensated executives for the preceding completed fiscal year, if—

1) The total federal funding authorized to date under this award is $25,000 or more;

2) In the preceding fiscal year, recipients received—

a) 80 percent or more of recipients’ annual gross revenues from federal procurement contracts (and subcontracts) and federal financial

201 assistance subject to the Federal Funding Accountability and Transparency Act(Transparency Act), as defined at 2 C.F.R. 170.320 (and subawards); and

b) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and

c) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (See the U.S. Security and Exchange Commission total compensation filings athttp://www.sec.gov/answers/execomp.htm. to determine if the public has access to the compensation information.)

b. Where and when to report. Recipients must report executive total compensation described in paragraph 2.a. of this award term:

1) As part of the recipient’s registration profile at https://www.sam.gov.

2) By the end of the month following the month in which this award is made, and annually thereafter.

3. Reporting of Total Compensation of Subrecipient Executives.

a. Applicability and what to report. Unless recipients are exempt as provided in paragraph 4. of this award term, for each first-tier subrecipient under this award, recipients shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—

1) In the subrecipient's preceding fiscal year, the subrecipient received—

a) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and

b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and

c) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (See the U.S. Security and Exchange Commission total compensation filings athttp://www.sec.gov/answers/execomp.htm. to determine if the public has access to the compensation information.)

b. Where and when to report. Subrecipients must report subrecipient executive total compensation described in paragraph 3.a. of this award term:

202 1) To the recipient.

2) By the end of the month following the month during which recipients make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), subrecipients must report any required compensation information of the subrecipient by November 30 of that year.

4. Exemptions

If, in the previous tax year, recipients had gross income, from all sources, under $300,000, then recipients are exempt from the requirements to report:

a. Subawards, and

b. The total compensation of the five most highly compensated executives of any subrecipient.

5. Definitions For purposes of this award term:

a. Entity: means all of the following, as defined in 2 C.F.R. Part 25:

1) A governmental organization, which is a state, local government, or Indian tribe.

2) A foreign public entity.

3) A domestic or foreign nonprofit organization.

4) A domestic or foreign for-profit organization.

5) A federal agency, but only as a subrecipient under an award or subaward to a non- federal entity.

b. Executive: means officers, managing partners, or any other employees in management positions.

c. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the recipient received this award and that the recipient awards to an eligible subrecipient.

1) The term does not include recipients’ procurement of property and services needed to carry out the project or program.

2) A subaward may be provided through any legal agreement, including an agreement that a recipient or a subrecipient considers a contract.

d. Subrecipient: means an entity that:

1) Receives a subaward from the recipient under this award; and

2) Is accountable to the recipient for the use of the federal funds provided by the subaward.

203 e. Total compensation: means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (See 17 C.F.R. § 229.402(c)(2)):

1) Salary and bonus.

2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees.

4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

5) Above-market earnings on deferred compensation which is not tax- qualified.

6) Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

SAFECOM Recipients receiving federal financial assistance awards under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

Terrorist Financing Recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

Trafficking Victims Protection Trafficking in Persons. Act of 2000 (TVPA) 1. Provisions applicable to a recipient that is a private entity. a. Recipients, the employees, subrecipients under this award, and subrecipients' employees may not— 1) Engage in severe forms of trafficking in persons during the period the award is in effect. 2) Procure a commercial sex act during the period that the award is in effect. 3) Use forced labor in the performance of the award or subawards under the award. b. DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient that is a private entity — 1) Is determined to have violated a prohibition in paragraph 1.a of this award term; or

204 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 1.a of this award term through conduct that is either— a) Associated with performance under this award; or b) Imputed to recipients or subrecipients using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000. 2. Provision applicable to recipients other than a private entity. DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— a. Is determined to have violated an applicable prohibition in paragraph 1.a of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph 1.a of this award term through conduct that is either— 1) Associated with performance under this award; or 2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000. 3. Provisions applicable to any recipient. a. Recipients must inform DHS immediately of any information received from any source alleging a violation of a prohibition in paragraph 1.a of this award term. b. It is DHS’s right to terminate unilaterally that is described in paragraph 1.b or 2 of this section: 1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)), and 2) Is in addition to all other remedies for noncompliance that are available to us under this award. c. Recipients must include the requirements of paragraph 1.a of this award term in any subaward made to a private entity. 4. Definitions. For the purposes of this award term: a. Employee: means either: 1) An individual employed by a recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements b. Forced labor: means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

205 c. Private entity: means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes: 1) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). 2) A for-profit organization. d. Severe forms of trafficking in persons, commercial sex act, and coercion are defined in TVPA, Section 103, as amended in 22 U.S.C. § 7102.

Universal Identifier 1. Requirement for System for Award Management and System of Award Management Unless the recipient is exempted from this requirement under 2 C.F.R. § (SAM) 25.110, the recipient must maintain the currency of their information in the SAM until the recipient submits the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in the recipient’s information or another award term. 2. Requirement for unique entity identifier If recipients are authorized to make subawards under this award, they: a. Must notify potential subrecipients that no entity (see definition in paragraph 3 of this award term) may receive a subaward from the recipient unless the entity has provided its unique entity identifier to the recipient. b. May not make a subaward to an entity unless the entity has provided its unique entity identifier to the recipient. 3. Definitions For purposes of this award term: a. System for Award Management (SAM): means the federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found on SAM.gov. b. Unique Entity Identifier (UEI): means the identifier required for SAM registration to uniquely identify business entities. c. Entity: means all of the following, as defined at 2 C.F.R. Part 25, Subpart C: 1) A governmental organization, which is a state, local government, or Indian Tribe; 2) A foreign public entity; 3) A domestic or foreign nonprofit organization; 4) A domestic or foreign for-profit organization; and 5) A federal agency, but only as a subrecipient under an award or subaward to a non- federal entity. d. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which a recipient received this award and that the recipient awards to an eligible subrecipient. 1) The term does not include the recipient’s procurement of property and services needed to carry out the project or program. (See 2 C.F.R. § 200.330.)

206 2) A subaward may be provided through any legal agreement, including an agreement that a recipient considers a contract. e. Subrecipient means an entity that: 1) Receives a subaward from the recipient under this award; and 2) Is accountable to the recipient for the use of the federal funds provided by the subaward.

USA Patriot Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175– 175c.

Use of DHS Seal, Logo and Recipients must obtain permission from their DHS FAO prior to using the DHS Flags seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.

Appendix A to Part 170—Award term

I. Reporting Subawards and Executive Compensation.

a. Reporting of first-tier subawards.

1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).

2. Where and when to report.

i. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.

ii. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.

207 b. Reporting Total Compensation of Recipient Executives.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if—

i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received—

A. 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and B. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:

i. As part of your registration profile at http://www.ccr.gov.

ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—

i. in the subrecipient's preceding fiscal year, the subrecipient received—

208 A. 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and B. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:

i. To the recipient.

ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:

i. Subawards, and

ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term:

1. Entity means all of the following, as defined in 2 CFR Part 25:

i. A Governmental organization, which is a State, local government, or Indian tribe;

ii. A foreign public entity;

209 iii. A domestic or foreign nonprofit organization;

iv. A domestic or foreign for-profit organization;

v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

2. Executive means officers, managing partners, or any other employees in management positions.

3. Subaward:

i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.

ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. __ .210 of the attachment to OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”).

iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

4. Subrecipient means an entity that:

i. Receives a subaward from you (the recipient) under this award; and

ii. Is accountable to you for the use of the Federal funds provided by the subaward.

5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

i. Salary and bonus.

ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

210 iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

v. Above-market earnings on deferred compensation which is not tax- qualified.

vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

211 REQUEST FOR PROPOSALS CONSULTANT SERVICE TO DEVELOP THE COUNTYWIDE HAZARD MITIGATION PLAN UPDATE PART I GENERAL

1. PURPOSE 2. Delaware County, Pennsylvania seeks proposals from qualified consultants to provide assistance for development and completion of a FEMA approved Hazard Mitigation Plan Update (HMP) to fulfill federal, state and local hazard mitigation planning responsibilities.

2. DEFINITIONS The following definitions will be used for identified terms throughout the specification and proposal document: Agreement - A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services and obligating the County to pay for it.

County - Identifies the County of Delaware, Pennsylvania.

Deliverables - The goods, products, materials, and/or services to be provided to the County by Respondent if awarded the agreement.

Goods - Represent materials, supplies, commodities, intellectual property/work product and equipment.

Improvement - Describes any work or modification to County property that adds to the overall value of the property.

Proposal - Complete, properly signed response to a Solicitation that if accepted, would bind the Respondent to perform the resulting contract.

Proposer/Respondent - Identified persons and entities that submit a proposal. Services - Work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified.

Subcontractor - Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Vendor’s obligations arising from a contract with the County.

Vendor - (Sometimes referred to as Contractor) A person or business enterprise providing goods, equipment, labor and/or services to the County as fulfillment of obligations arising from an agreement.

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212 3. CONFLICT OF INTEREST Any vendor or person considering doing business with [COUNTY NAME] County Government will disclose the vendor or person’s affiliation or business relationship that might cause a conflict of interest with County Government entity. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the Respondent’s proposal.

4. COUNTY CONTACT All questions, clarifications or requests for general information are to be directed to:

APPLICANT’S AGENT NAME Tim Boyce, Designated Agent Director, Dept. of Emergency Services 360 North Middletown Road Media, PA 19063 610-565-8700 [email protected]

Larry Bak, Deputy Director [email protected]

The individual above may be contacted for clarification of the specifications of the Request for Proposals only. No authority is intended or implied that specifications may be amended or alternates accepted prior to closing date without written approval of the County. Under no circumstances will private meetings be scheduled between Respondents and County staff.

5. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a proposal, the County prohibits ex parte communication (i.e., unsolicited) initiated by the Respondent to the County Official or Employee evaluating or considering the proposals prior to the time a formal decision has been made. Questions and other communication from Respondents will be permissible until 2:00 p.m. on the day specified as the deadline for questions. Any communication between Respondent and the County after the deadline for questions will be initiated by the appropriate County Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposal. Ex parte communication may be grounds for disqualifying the offending Respondent from consideration of award of the solicitation then in evaluation, or any future solicitations.

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213 PART II INSTRUCTIONS

1. PROPOSAL SCHEDULE It is the County’s intention to comply with the following proposal timeline:

Request for Proposals released: January 26, 2021 Deadline for questions: February 2, 2021 County responses to all questions/addendums: February 9, 2021 Responses for RFP/bids are due by TIME on February 16, 2021

All questions regarding the RFP shall be submitted in writing by TIME on DATE. Questions shall be submitted to the County contact named above.

NOTE: These dates represent a tentative schedule of events. The County reserves the right to modify these dates at any time, with appropriate notice to prospective Respondents through notification by letter, email and/or posting on the County webpage.

2. PROPOSAL DUE DATE:

Proposals received after this time and date will not be considered. Sealed proposals should be clearly marked on the outside of packaging with the RFP title, due date and “DO NOT OPEN”. Facsimile or electronically transmitted proposals are not accepted. Late proposals properly identified will be returned to Respondent unopened if return address is provided.

3. PROPOSAL SUBMISSION REQUIREMENTS: To achieve a uniform review process and obtain the maximum degree of comparability, the proposals shall be organized in the manner specified below. Proposals shall not exceed twelve (12) pages in length (excluding resume, title page(s) and index/table of contents, attachments or dividers). Information in excess of those pages allowed will not be evaluated. One page shall be interpreted as one side of a single-spaced, typed, 8 ½” X 11” sheet of paper.

Title Page (1 page): Show the RFP title, the name of your firm, address, telephone number(s), name of contact person and date.

Letter of Transmittal (1 page): Identify the RFP project for which the proposal has been prepared. Briefly state your firms understanding for the services to be performed and make a positive commitment to provide the services as specified. Provide the name(s) of the person(s) authorized to make representations for your firm, their titles, address and telephone numbers. The letter of each proposal shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individual(s) signing the proposal must be clearly shown immediately below the signature.

Table of Contents (1 page): Clearly identify the materials by Section and Page Number.

Proposal Narrative (limited to 10 total pages):

 Previous Performance/Experience

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214  Provide detailed information on experience with previous Disaster Mitigation Plans and Plan updates including knowledge of current FEMA plan requirements.

 Provide a representative list of projects of a scale and complexity similar to the project being considered by the County. The list should include the project location, client, services provided by your firm for the project, term of services and an owner contact name.

 Provide at least three references for which your firm has provided the same or similar services. Include a point of contact, current telephone number and a brief description of the services provided. Any negative responses received may result in disqualification from consideration for award. Failure to include references with submittal may result in disqualification from consideration for award.

 Identify key project staff, task leaders and sub-consultants along with their expected services for the scope of work on behalf of the firm. Resumes should be included for each of the individuals and sub-consultants referenced which demonstrate their qualifications to satisfy all the critical and service requirement areas. The County reserves the right to approve or disapprove all sub- consultants prior to any work being performed.

 Provide information on size, resources and business history of the firm. Provide information on personnel resources available to your firm, which indicates that you have access to the services necessary to perform the work in the time available and within the required standard. Describe the firm’s location where the primary services are to be provided and the ability to meet in person with County personnel when required during the performance of the Contract.

 Project Understanding and Methodology Consultant shall demonstrate a thorough knowledge and understanding of natural and manmade hazards, the Commonwealth of Pennsylvania and FEMA’s requirements for Disaster Mitigation Plans.

Submit one (1) original and [number]copies of materials that demonstrate their experience in performing services of this scale and complexity. It is recommended that proposals not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the County.

Mitigation Planning – Request for Proposal Guidelines Page 4

215 4. DISCLOSURE OF LITIGATION: Respondent shall include in its proposal a complete disclosure of any civil or criminal litigation or investigation pending which involves the Respondent or in which the Respondent has been judged guilty.

5. CONFIDENTIALITY OF CONTENT: All Proposals submitted in response to this RFP shall be held confidential until a contract is awarded. Following the contract award, proposals are subject to release as public information unless the proposal or specific parts of the proposal can be shown to be exempt from the Pennsylvania Public Information Act. Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The County assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents. If a Respondent believes that a proposal or parts of a proposal are confidential, then the Respondent shall so specify. The Respondent shall stamp in bold red letters the term “CONFIDENTIAL” on that part of the proposal, which the Respondent believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All proposals and parts of proposals that are not marked as confidential will be automatically considered public information after the contract is awarded.

6. CLARIFICATION OF PROPOSALS The County reserves the right to request clarification or additional information specific to any proposal after all proposals have been received and the RFP close date has passed.

7. PROPOSAL PREPARATION COSTS: All costs directly or indirectly related to preparation of a response to this solicitation or any oral presentation required to supplement and/or clarify a Proposal which may be required by the County shall be the sole responsibility of the Respondent.

8. EVALUATION CRITERIA: All proposals received shall be evaluated based on the best value for the County. In determining best value, the County may consider: Cost Previous experience and past performance Key project staff and sub-consultants Available resource and consultant location Project understanding and methodology Any relevant criteria specifically listed in the solicitation

9. EVALUATION PROCESS: A team comprised of County staff and others as appropriate will review the responses to the RFP. Interviews and/or demonstrations may be conducted with any Respondent to discuss their qualifications, resources and ability to provide the service identified. Upon completion of the evaluation, the selection team may recommend a Respondent for award of the project or service identified. An agreement with the recommended respondent may then be negotiated. This process will be completed with the County Commissioners’ authorization for the execution of the agreement or the execution of the agreement by the County Administrator. The County reserves the right to negotiate with any and all Respondents. The County also reserves the right to reject any of all proposals, or to accept any proposal deemed most advantageous, or to waive any irregularities or informalities in the proposal received and to revise the process as circumstances require.

Mitigation Planning – Request for Proposal Guidelines Page 5

216 PART III SPECIFICATIONS

1. SCOPE OF WORK The County of [COUNTY NAME], Pennsylvania, intends to contract with a qualified consultant to assist with the developing a Hazard Mitigation Plan to promote pre and post disaster mitigation measures, short/long rang strategies that minimize suffering, loss of life and damage to property resulting from hazardous and potentially hazardous conditions to which citizens and institutions within the County are exposed; and to eliminate or minimize conditions which would have an undesirable impact on our citizens, the economy, environment and well-being of the County.

2. CRITICAL REQUIREMENTS 1. The County HMP shall meet or exceed requirements in the FEMA Local Mitigation Plan Review Guide dated October, 2011, and 44 CFR 201.6

2. The County HMP shall use the model plan outline in Appendix 1 of the Pennsylvania’s All-Hazard Mitigation Planning Standard Operating Guide dated October 2011.

3. The vendor shall revise the HMP as required by PEMA and FEMA until FEMA provides Approval Pending Adoption.

4. Natural hazards assessed by this plan shall be coordinated with current FEMA approved version of State Hazard Mitigation plan at a minimum.

5. The Project shall be completed including FEMA approval (APA), no later than DATE.

6. The County HMP will be submitted to the State no later than ten (10) weeks prior to the end of the original performance period, so that the State can submit the plan to FEMA no later than six (6) weeks prior to DATE.

7. A complete and accurate FEMA Local Mitigation Plan Review Guide dated October, 2011 crosswalk will be submitted to the State and FEMA when review is requested.

8. A copy of the awarded contract will be forwarded to the State with the first quarterly report following the award, along with a report from the Excluded Parties List System (www.epls.gov) showing that the chosen contractor is not currently excluded from doing business with the Federal Government.

9. Quarterly Progress Report will be submitted by the contractor, to the Pennsylvania Emergency Management Agency (MEMA) and the Director of [COUNTY NAME] County Emergency Services, no later than October 15th, January 15th and April 15th of each year until the project is completed.

10. The vendor shall invoice using the Budget Line Items from the County HM Planning Grant Application, section V.

Mitigation Planning – Request for Proposal Guidelines Page 6

217 3. CONSULTANT SERVICE REQUIREMENTS Interested Proposers shall have extensive knowledge and expertise and be able to demonstrate their proven ability to coordinate, evaluate and develop a FEMA approved HMP. Consulting service shall include, but not be limited to:

 Meeting the critical requirements above.

 Reviewing and analyzing existing natural and manmade hazards in all areas of the County.

 Becoming knowledgeable of existing hazards and how these hazards may impact existing and future development, property and lives in the County.

 Hosting a series of County interactive workshops, to include, but not limited to mitigation strategy and capability and risk assessment workshops, which shall involve the identification and review of relevant plans, policies and programs already in place, such as land use plans, flood control programs, natural resource studies, zoning ordinances, building codes, subdivision regulations, post-disaster public assistance grants and capital improvements plans.

4. DATA COLLECTION AND ANALYSIS The consultant shall collect the necessary data to evaluate the potential for natural and manmade disasters in the County. Information shall also be obtained on area history, property status, infrastructure, land use and other relevant subjects in order to comprehensively analyze all aspects of the County. This shall include utilizing all current plans associated with disaster and emergency response efforts.

5. UPDATES AND REPORTS The consultant shall provide the County with updates detailing the progress, data analysis, modeling and plan development for FEMA reporting. All soft match contributions shall be tabulated by the consultant and submitted with the updates and final reports. A draft HMP update shall be submitted and included all required sections by FEMA and input from the community for the County’s review. The consultant shall submit the final HMP as revised by the County, to FEMA and the County.

6. COST PROPOSAL Material and labor cost shall be specific and considered reasonable. “Cost plus” type proposal will not be accepted.

Mitigation Planning – Request for Proposal Guidelines Page 7

218 7. DELIVERABLES The Vendor shall provide, but not limited to, each item listed in the RFP. Additionally, the Vendor shall provide:  Ten printed and bound copies of its final Hazard Mitigation Plan

 Ten electronic copies of the plan on CD in PDF format

 A written summary of the process by which the final plan was developed for the County, including meeting schedules, agendas, notes, rosters of attendees and soft match contributions made by the County to meet the requirements of the FEMA Disaster Mitigation Planning Grant Award.

8. INVOICING Vendor shall submit one original and one copy of invoice to the following address:

APPLICANT’S AGENT NAME (i.e., Commissioner,CEMC, County Planner, etc) POSITION TITLE STREET ADDRESS CITY, STATE, ZIP

9. PROMPT PAYMENT POLICY Payments will be made within thirty days after the County received the supplies, materials, equipment, or the day on which the performance of services was completed or the day, on which the County receives a correct invoice for the service, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Pennsylvania law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payment made by the County in the event: There is a bona fide dispute between the County and Contractor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late; or The terms of a federal contract, grant, regulation, or statue prevent the County from making a timely payment with Federal Funds; or There is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or The invoice is not mailed to the County in strict accordance with instructions, if any, on the purchase order or contract or other such contractual agreement.

10. OVERCHARGES Contractor hereby assigns to purchaser any and all claims for overcharges associated with this purchase which arise under the antitrust laws of the United States, 15 USGA Section 1 et seq., and which arise under the antitrust laws of the State of Pennsylvania.

Mitigation Planning – Request for Proposal Guidelines Page 8

219 PART IV TERMS AND CONDITIONS

1. LABOR The Vendor shall provide all labor and goods necessary to perform the project The Vendor shall employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor.

2. EXCEPTIONS Any variation from this specification shall be indicated on the response of or on a separate attachment to the response. The sheet shall be labeled as such.

3. ENVIRONMENT It is the intent of the County to purchase goods and equipment having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economic considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged.

4. DAMAGE The Vendor shall be responsible for damage to the County’s equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work.

5. WORKPLACE The County is committed to maintaining an alcohol and drug free workplace. Possession, use or being under the influence of alcohol or controlled substances by Vendor, Vendor’s employees, subcontractor(s) or subcontractor(s’) employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service.

6. NON-APPROPRIATION The resulting Agreement is a commitment of the County’s current revenues only. It is understood and agreed the County shall have the right to terminate the Agreement at the end of any County fiscal year if the governing body of the County does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the County’s budget for the fiscal year in question. The County may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year.

7. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES The Vendor shall not sell, transfer or assign the service required by this agreement without the prior written consent of the County. The agreement and the monies which may become due are not assignable, except with the prior written approval of the County.

Mitigation Planning – Request for Proposal Guidelines Page 9

220 8. INTERLOCAL COOPERATIVE CONTRACTING Other governmental entities may be extended the opportunity to purchase off of the County of [COUNTY NAME]’s solicitation, with the consent and agreement of the successful vendor(s) and [COUNTY NAME] County. Such consent and agreement shall be conclusively inferred from lack of exception to this clause in vendor’s response. However, all parties indicate their understanding and all parties hereby expressly agree that the County of [COUNTY NAME] is not an agent or, partner to, or representative of those outside agencies or entities and that the County of [COUNTY NAME] is not obligated or liable for any action or debts that may arise out of such independently-negotiated “piggyback” procurements.

9. ABANDONMENT OR DEFAULT The Vendor who abandons or defaults the work on the contract and causes the County to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re- advertisement of the service and may not be considered in future solicitations for the same type of work unless the scope of work is significantly changed.

10. RIGHT TO REPRODUCE DOCUMENTATION AND OTHER INFORMATION The County shall have the right to reproduce any and all manuals, documentation, software or other information stored on electronic media supplied pursuant to the agreement at no additional cost to the County, regardless of whether the same be copyrighted or otherwise restricted as proprietary information; provided, however, that such reproductions shall be subject to the same restrictions on use and disclosure as are set forth in the agreement.

11. COMPLIANCE WITH LAWS The Vendor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, ad licensing laws and regulations. When requested, the Vendor shall furnish the County with satisfactory proof of its compliance.

12. CODES, PERMITS AND LICENSES The Vendor shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the County of [COUNTY NAME], Pennsylvania, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The Vendor shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (County of [COUNTY NAME] fees and costs will be waived).

Mitigation Planning – Request for Proposal Guidelines Page 10

221 13. INDEMNIFICATION The Vendor shall indemnify, save harmless and exempt the County of [COUNTY NAME], its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney fees and any and all other costs or fees incident to any work done as a result of this quote and arising out of a willful or negligent act or omission of the successful Respondent, its officers, agents, servants, and employees; provided, however , that the successful. Respondent shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney fees arising out of a willful or negligent act or omission of the County, it’s officers, agents, servants and employees, or third parties.

14. INSURANCE The Vendor shall meet or exceed ALL insurance requirements set forth by the County. Any additional insurance requirements of participating or cooperative parties will be included as subsequent Attachments and shall require mandatory compliance.

15. GOVERNING LAW Any resulting agreement shall be governed by and construed in accordance with the Laws of the State of Pennsylvania.

16. LIENS The Vendor agrees to and shall indemnify and save harmless the County against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the County’s request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the County.

17. VENUE Both the County and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in [COUNTY NAME] County Pennsylvania.

18 INDEPENDENT CONTRACTOR It is understood and agreed that the Vendor shall not be considered an employee of [COUNTY NAME] County. The Vendor shall not be within protection or coverage of the County’s Worker’ Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the County from time to time may have in force and effect.

Mitigation Planning – Request for Proposal Guidelines Page 11

222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 AGENDA ITEM NO. 8.E

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Marcia Weber,Public Works

ITEM TYPE: Professional Service Agreement

AGENDA SECTION: Agreements / Contracts / Amendments

SUBJECT: Approval of Reimbursement Agreement between PECO Energy Company and the County of Delaware in the amount of $111,156.00 for the installation of an 8-inch plastic and steel gas main on Bridge #237 over Hermesprota Creek on Tribbett Avenue in Darby Township. Subject to Solicitor's approval.

EXPENSE BUDGET LINE ITEM 36-9505-704180; 42-3165-704180 ACCOUNT:

ESTIMATED/ACTUAL COST OF $111,156.00 REQUEST:

FUNDING SOURCE: Other Revenue

REVENUE TYPE:

PURCHASING: Approval to Award Contract

GRANTS:

ADDITIONAL COMMENTS:

ATTACHMENTS: MPMS 86370-PecoGas-ReimbAg.pdf

279 AGREEMENT FOR INSTALLATION OF UTILITY FACILITY

THIS AGREEMENT, numbered , associated with Structure No. BPAA - 232819 over Hermesprota Creek located on Tribbett Avenue in Darby Township, Delaware County, made entered into this day of 2021 by and between the County of Delaware, in the Commonwealth of Pennsylvania, hereinafter called COUNTY:

PECO Energy Company, with its principal place of business located at 300 Front Street, Conshohocken, PA 19428, herein after called “UTILITY”.

WITNESSETH:

WHEREAS, this bridge replacement project is being made under the terms of Agreement Number 068303, dated June 8, 2009, entered into between the COUNTY and COMMONWEALTH of Pennsylvania, Department of Transportation, which provides, inter alia, that the Department is acting as an agent of the Federal Highway Administration to coordinate the design and construction of the project; and,

WHEREAS, the highway construction project is to be participated in by the Federal Highway Administration, U.S. Department of Transportation, as Project Number X063-199- L110/L11R/M233, with financial contributions being made by the Pennsylvania Department of Transportation; and,

WHEREAS, COUNTY is willing to include within the Project the requested utility facilities on the aforementioned structure, and reimbursement by UTILITY to COUNTY of the construction and installation costs for same, in accordance with the terms, conditions, and provisions of this Agreement.

NOW, THEREFORE:

In consideration of the foregoing premises and the mutual covenants hereinafter contained and with intent to be legally bound hereby, the parties agree as follows:

FIRST — In the structure design, the COUNTY shall provide for the attachments of the UTILITY facility or encasement of such facility between beams or in other such structure components.

SECOND — COUNTY shall, subject to reimbursement as hereinafter provided, include, within its construction contract for the Project, the installation of a 8-inch plastic and steel gas main to be constructed and in accordance with the specifications associated with Pay Item 9000-0006 INSTALLATION OF PECO ENERGY GAS FACILITIES. Said plans and specifications are incorporated herein by reference and made a part hereof as if physically attached hereto and being in the possession of the parties.

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280 Upon completion of the work to the satisfaction of the COUNTY and the UTILITY, the UTILITY shall reimburse the COUNTY the sum of One Hundred Eleven Thousand One Hundred Fifty-Six Dollars ($111,156.00), developed as shown on Attachment “A”, for such work within 60 days after receipt of proper billing.

The cost of any changes or field modifications required by the UTILITY which are beyond the scope of this Agreement shall be reimbursed to the COUNTY within 60 days after receipt of proper billing from the COUNTY for the actual cost to COUNTY of all such extra work performed by the COUNTY’S contractor, in accordance with appropriate sections of COUNTY’S Specifications, Publication 408, as amended and supplemented, covering Additional Work, Extra Work, and Extra Work on a Force Account Basis.

THIRD – Where the COUNTY performs structure attachment by its contractor as provided above, the COUNTY agrees to require its contractor to indemnify and save the UTILITY and all of its officers, agents, and employees harmless from all suits, actions, or claims of any character, name, and description, relating to personal injury or property damage received or sustained during the performance of the work on the Project by or from the COUNTY’S contractor, its officers, agents, and employees, whether the same be due to the use of defective materials, defective workmanship, neglect in safeguarding the work or by or on account of any act, omission, neglect, or misconduct of the contractor, its officers, agents, and employees during the performance of said work and during the effective period of this Agreement.

The UTILITY indemnifies and holds harmless, the COUNTY and all of its officers, agents, employees, and consultants from all damages, suits, actions or claims of any character relating to personal injury or property damage, loss liability, or expense received, sustained, incurred by COUNTY which arises out of the plans and specifications submitted by UTILITY to be included in the contract documents for construction of the above mentioned bridge replacement.

FOURTH – (a) In the event of a controversy or claim arising from this Agreement, the UTILITY must, within six (6) months after the cause of action accrues, file a written notice of controversy or claim with the COUNTY’S Contracting Officer for this project, identified below, for a determination. The Contracting Officer shall send his written determination to the UTILITY. The decision of the Contracting Officer shall be final and conclusive unless, within thirty (30) days after receipt of such written determination, the UTILITY then files a claim with the Board of Claims of the Commonwealth of Pennsylvania. Pending a final judicial resolution of a controversy or claim, the UTILITY shall proceed diligently with the performance of the Agreement in a manner consistent with the interpretation of the Contracting Officer; and the UTILITY shall compensate the COUNTY pursuant to the terms of the Agreement.

b) The Contracting Officer for this Agreement is Jacob Bierling, Director of Public Works, County of Delaware, Government Center Building, 201 West Front Street, Room 207, Media, PA 19063, 610-891-4668

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281

FIFTH — UTILITY agrees to be bound by the Act of May 20, 1937, P.L. 728, as amended (72 P.S. Section 4651-1 et seq.), which provides in substance that the Board of Claims shall have jurisdiction of claims against the COUNTY arising from contracts and the power to order interpleader or impleader of other parties, when necessary for a complete determination of any claims or counterclaims in which the COUNTY is a party.

SIXTH — It is agreed by the parties hereto that, upon completion of said improvement and construction project, the aforesaid UTILITY facilities affecting the section of COUNTY highway so improved shall be subject to the terms and conditions of the COUNTY’S structure occupancy license or permit issued to the UTILITY; therefore, the UTILITY shall maintain and keep in good repair said facilities constructed under the terms of this Agreement in accordance with applicable state laws, except as otherwise provided hereafter.

a) Notwithstanding anything contained herein to the contrary, in the event the Pennsylvania Public Utility Commission assumes jurisdiction of the structure under the Public Utility Code of 1978, Act of July 1, 1978, P.L. 598, as amended, the parties hereto agree to be bound by any order of the Commission or decisions of an appropriate tribunal after appeal from such orders.

If the said Commission assumes jurisdiction of the structure, this Agreement shall not be placed into evidence or the record of the Commission unless mutually agreed by the parties hereto.

If the said Commission assumes jurisdiction of the structure, this Agreement is not to be construed to mean or imply that the UTILITY agrees to pay for the work described herein at its initial cost and expense.

If the said Commission assumes jurisdiction of the structure and directs the UTILITY to bear the cost for the work described herein at its initial cost and expense, such payment of the initial cost shall not be interpreted to mean the parties have mutually agreed upon the proportion of the costs the UTILITY shall bear and has paid for so as to prevent the said Commission from allocating costs under Section 2704(a) of the Public Utility code, supra.

It is further understood and agreed that in the event the said Commission assumes jurisdiction of the structure, the UTILITY is not required to apply for or obtain a bridge occupancy license or permit. However, in order for the COUNTY to maintain good and proper records of attachments to all structures in the COUNTY, the UTILITY agrees to furnish a detailed plan of the proposed facility to the COUNTY and COUNTY shall issue to the UTILITY a bridge occupancy license or permit consistent with the terms of the Commission’s Order. After the facility is installed, the UTILITY agrees to furnish an as-built plan to the COUNTY.

b) In the event that the UTILITY withdraws its request to attach at a time prior to awarding of the contract for construction, then in that case the UTILITY shall be responsible only for additional engineering costs and any engineering costs to modify the

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282 structure plan to eliminate the UTILITY attachment.

c) In the event that the UTILITY withdraws its request to attach at a time subsequent to awarding the contract for construction, then in that case the UTILITY shall be responsible for paying any additional engineering costs specified above plus any costs attributable to UTILITY’S withdrawal and incurred by COUNTY, including cost of labor and material employed in the installation of the UTILITY’S facilities up to the time of withdrawal and any additional engineering costs to modify the structure plan to eliminate the UTILITY attachment. The UTILITY shall also be responsible for the cost of material ordered by the contractor for installation of the UTILITY’S facilities prior to the UTILITY’S withdrawal if the order for said material cannot be cancelled and if the materials cannot be used elsewhere in the project. In the event materials are ordered and the order cannot be cancelled and the materials cannot be used within the project, they are to be supplied to the UTILITY.

d) In the event that the COUNTY decides not to construct the project, upon notification in writing to the UTILITY of such elimination, this Agreement shall terminate and neither party shall be responsible to the other for any costs. Further, in the event the project is not let for construction within one year from the date of this Agreement and construction costs have increased, the COUNTY shall have the option to renegotiate the costs to be paid by the UTILITY set forth herein. At that time, the UTILITY shall have the right to withdraw its request to attach, whereupon the UTILITY shall be responsible for engineering costs above unless, however, the UTILITY can show the said delay has caused the UTILITY to find other means to provide its service. This Agreement shall thereupon terminate and the UTILITY shall not be responsible to the COUNTY for any costs. In the event, however, that the UTILITY elects not to withdraw its request to attach and the parties cannot agree upon a renegotiated sum, then the UTILITY agrees to pay COUNTY the actual costs of construction and installation of the UTILITY’S facilities in accordance with appropriate sections of COMMONWEALTH’S Specifications, Publication 408, as amended and supplemented, covering Additional Work, Extra Work, and Extra Work on a Force Account Basis.

IN WITNESS WHEREOF, the COUNTY and the UTILITY have caused this Agreement to be Duly executed, and attested by their proper officials, pursuant to due and legal action authorizing the same to be done, the day and year first above written.

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283 284 ATTACHMENT "A"

TRIBBETT AVENUE OVER HERMESPROTA CREEK REPLACEMENT OF DELAWARE COUNTY BRIDGE #237

DARBY TOWNSHIP DELAWARE COUNTY

PECO ENERGY COMPANY - 8-INCH STEEL MAIN PROVISIONS FOR MAIN INSTALLATION

MATERIAL & COSTS QUANTITY UNIT COST COST

per 1 8" Diameter Steel Gas Pipe 150 LF $60.00 $9,000.00 LF per 2 8" Diameter Plastic Gas Pipe 50 EA $60.00 $3,000.00 EA per 3 Link Seals 3 SET $50.00 $150.00 SET per 4 8" Diameter Steel Welded Elbows (45 Degree Bend) 4 EA $1,200.00 $4,800.00 EA per 58" Diameter Test Cap 2 EA $250.00 $500.00 EA per 68" Diameter Couplings 2 EA $250.00 $500.00 EA per 78" Diameter Shrink Sleeves UV 10 EA $500.00 $5,000.00 EA per 8Fill Coat Sleeve 3 EA $500.00 $1,500.00 EA per 9 8" Diameter 240˚ FRP Shield 8EA $45.00 $360.00 EA per 10P-S Maxi Grip Coupling 2 EA $250.00 $500.00 EA per 11 EF Coupling 2 EA $25.00 $50.00 EA per 12 Contractor Installation for PECO provided items 1 LS $50,000.00 $50,000.00 LS

SUBTOTAL = $75,360.00 MISCELLANEOUS MATERIAL & CONSTRUCTION COSTS

Costs of material stated above x 25% SUBTOTAL = $18,840.00 INSURANCE & TAX COSTS

Costs for the following will also be included exclusive of the 25% as herein noted at the percentages shown.

Social Security Tax 7.50% Unemployment Tax 5.00% Workman's Comp. Ins. 5.00% Contractor's Public Liab. Ins. 5.00%

Total: 22.50% SUBTOTAL = $16,956.00

TOTAL = $111,156.00

285 AGENDA ITEM NO. 8.F

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Francine Locke,Facilities Management

ITEM TYPE: Advertisement

AGENDA SECTION: Agreements / Contracts / Amendments

SUBJECT: Approval to advertise request for qualifications (RFQ) for professional services to assess for the Solid Waste Management (SWP) Plan Development.

EXPENSE BUDGET LINE ITEM 01 0744 669000 ACCOUNT:

ESTIMATED/ACTUAL COST OF 200 REQUEST:

FUNDING SOURCE: County Revenue

REVENUE TYPE:

PURCHASING: Approval to Advertise

GRANTS:

ADDITIONAL COMMENTS: This is a request for approval to advertise a request for qualifications (RFQ) for professional consulting services to assess the County’s current municipal solid waste management plan (SWMP) and associated initiatives, and to develop the next iteration of the County’s SWMP mandated for release in 2023.

The RFQ will request qualifications for:

286 Assessing the County’s current Solid Waste Management Plan and associated systems including COVANTA and Delcora. Providing a report with findings of the current plan and systems, and recommendations for efficiencies and innovation. Developing a Solid Waste Management Plan and Zero Waste Plan for the County, in collaboration with and alignment with the County’s 49 municipalities. Facilitating stakeholder involvement in plan development. Providing services to perform solid waste management system benchmarking for the County, including waste diversion rate measurement. Providing public education and outreach strategies to increase public’s involvement in waste reduction and diversion from landfills.

ATTACHMENTS:

287 AGENDA ITEM NO. 8.G

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Donna Burdett,Intercommunity Health

ITEM TYPE: Amendment

AGENDA SECTION: Agreements / Contracts / Amendments

SUBJECT: Approval to ratify current agreement between Capozzoli Catering to provide box lunches to Delaware County Vaccination Sites in an amount not to exceed $50,000.00. Subject to Solicitor's approval.

EXPENSE BUDGET LINE ITEM 32-0119-669131 ACCOUNT:

ESTIMATED/ACTUAL COST OF Estimated up to $50,000.00 REQUEST:

FUNDING SOURCE: Other Revenue

REVENUE TYPE:

PURCHASING:

GRANTS:

ADDITIONAL COMMENTS: Prior estimated cost of the contract was to be under $25,000.00

ATTACHMENTS: 2021 Capozzoli Catering signed Agreement of Services 4-19-2021 to 6-30-2021.pdf

288 289 290 291 292 293 294 295 296 297 AGENDA ITEM NO. 8.H

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Howard Lazarus,Executive Director

ITEM TYPE: Professional Service Agreement

AGENDA SECTION: Agreements / Contracts / Amendments

SUBJECT: Approval of a Professional Services Agreement to Holland & Knight for Federal Governmental Representation Services in an amount not to exceed $95,000.00 for a seven month period beginning June 1, 2021 with a six month extension at the discretion of the Executive Director depending upon the availability of funds and an optional one year extension to be exercised at the discretion of the County. Subject to Solicitor's approval.

EXPENSE BUDGET LINE ITEM 01-0111-630000 ACCOUNT:

ESTIMATED/ACTUAL COST OF $95,000.00 REQUEST:

FUNDING SOURCE: County Revenue

REVENUE TYPE:

PURCHASING: Approval to Award Contract

GRANTS:

ADDITIONAL COMMENTS:

ATTACHMENTS: Holland Knight Interview Responses County of Delaware.pdf Holland Knight Proposal to County of Delaware.pdf

298

www.hklaw.com

Response to Questions from County of Delaware May 12, 2021

299

Table of Contents

Question 1: Price Proposal ...... 3

Question 2: Inpatient Beds and Residential Treatment Facilities ...... 4

Question 3: Green Economy Initiative ...... 5

Disclaimer: The information provided in this handout is general information and not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult with legal counsel. All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. Copyright © 2021 Holland & Knight LLP. All rights reserved. Confidential Presentation for County of Delaware 300

Question 1: Price Proposal

Pricing proposal and related assumptions for your proposal. Holland & Knight would propose a monthly fixed-rate fee of $16,500 for this engagement. The breakdown is as follows:

 Federal Lobbying: $12,500 per month

 State Lobbying: $4,000 per month

Holland & Knight’s proposed fee is all inclusive. It covers all normal office overhead expenses, including, but not limited to, telephone, faxes, mail, copying, courier, subscriptions, and memberships. Holland & Knight also is happy to provide the County with access to relevant subscriptions and publications that we subscribe to. We would propose that reasonable travel related costs would be reimbursable only with the advance written approval of the County.

While most law firms continue to use a “billable hour” approach in charging for their federal advocacy services, we found the practice of logging time and billing public entity clients has several drawbacks. For example, there is the inability of being able to use the full public policy talent within a 28-office firm without seeking to charge clients for the additional hours. Holland & Knight’s approach provides the client with all of that advocacy talent and expertise as needed – at no additional cost.

This approach toward billing has been well received. In fact, the Financial Times named Holland & Knight a “standout” among U.S. law firms that have developed creative ways in adding value to our client services.

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Question 2: Inpatient Beds and Residential Treatment Facilities

Local governments are experiencing a lack of inpatient beds and residential treatment facilities for adolescents with significant mental health diagnoses. Kindly provide a proposal as to how you would assist Delaware County in obtaining relevant resources from the federal government to address this crisis. The COVID-19 pandemic has dramatically cut the availability of inpatient psychiatric beds and treatment facilities, with facilities across the country forced to reduce their capacity to meet social distancing requirements, stem outbreaks of the virus, or repurpose psychiatric beds to care for the surge of COVID- 19 patients. There were challenges before COVID, but the pandemic has exacerbated the issue. To assist with surging bed needs, there are several government resources to potentially pursue. However, it is important to note that some restrictions may impact the approach with the federal government depending on the payor makeup. For example, the Institutions for Mental Disease (IMD) exclusion prevents non-elderly adult patients with health insurance through Medicaid programs from receiving mental health care in a facility with more than 16 beds.

To address capacity shortages, the following are potential areas to explore:  Individual Grant Awards through the Substance Abuse and Mental Health Services Administration (SAMHSA) to expand beds/services.  Engage Congress on Infrastructure Funding to expand capacity –work on a specific designation based on Health Professional Shortage Area (HPSA), etc.  Engage the Federal Emergency Management Association (FEMA) - note very specific elements have to be met to receive funding, and FEMA is the payor of last resort.  Engage the Centers of Medicare and Medicaid Services (CMS) to expand their Hospitals Without Walls program.  Community Project Funding in the Senate – The Senate recently unveiled their process for community project funding (formerly known as earmarks). Some of the subcommittee accounts can be used to construct health care facilities and provide mental health services. Although Sen. Toomey has said that he will not participate in the Community Project Funding process, Sen. Casey is accepting requests.  Treasury Department COVID State and Local Assistance - The Treasury Department opened the submission portal for $350 billion in direct funding for states, local, territorial, and tribal governments to rebuild from the COVID pandemic and adopted an interim final rule with requirements for disbursing those funds on May 10. This funding could be a potential source of funding to expand services for adolescents with significant mental health diagnoses.

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Question 3: Green Economy Initiative

Kindly provide a proposal as to how you would assist Delaware County in advancing its Green Economy initiative, including obtaining funds and securing legislation to promote resource recovery and advance community-wide electrification. Congress and the Biden Administration are actively working on an infrastructure package, which is likely to include significant funding to help Delaware County advance its Green Economy initiative. Holland & Knight’s Public Policy & Regulation team has cross-sector expertise on energy and environment issues, including significant experience promoting community-based initiatives to reduce waste, emissions, and pollution. To date, legislative and Administrative proposals to incentivize electrification, resource recovery, and other climate-related priorities have ranged from direct spending to tax policy to regulation. As an example, President Biden’s American Jobs Plan calls on Congress to implement a national grant and incentive program for state and local governments to build a national network of 500,000 EV chargers by 2030. Further, both the House and Senate are actively working on surface transportation reauthorization, which includes new funding for electrification. Holland & Knight can assist Delaware County in shaping the enactment and implementation of this program. We have engaged extensively with key Members of Congress on programs that support electrification in virtually every aspect of climate-related infrastructure and renewable energy legislation. We have lobbied extensively to expand both existing Department of Energy (DOE) and Department of Transportation (DOT) programs to support this EV infrastructure buildout in major legislative proposals including the CLEAN Future Act, LIFT Act, Moving Forward Act, GREEN Act, and Clean Energy for America Act. Our team works on a day-to-day basis with the Committees of jurisdiction for these issues, including the House Energy & Commerce, House Transportation & Infrastructure, House Ways & Means, House Appropriations, Senate Environment and Public Works, Senate Commerce, Science, & Transportation, Senate Energy & Natural Resources, Senate Finance, and Senate Appropriations Committees. We would work in tandem with Delaware County’s delegation and leaders on each of these Committees to advocate for the numerous provisions supporting state and local funding for electrification to cross the finish line in a comprehensive infrastructure bill. The Holland & Knight team will supplement Congressional engagement with support and outreach to the Executive Branch, including DOE, DOT, Department of Housing and Urban Development, Economic Development Administration, and other programs that support the Green Economy Initiative. Lobbying extensively before both the Hill and these federal agencies, our team is deeply engaged with programs that provide funding and federal support for both electrification and resource recovery and reuse, including recycling, upcycling, and waste-to-energy initiatives. Of particular importance to Delaware County will be programs administered within the Department of Energy’s Office of Energy Efficiency & Renewable. Holland & Knight has strong working relationships within the Agency extending from high- level Biden Administration appointees to longtime career staff, and we have helped drive hundreds of millions of dollars of funding to clients through DOE grants, loans, and other financing mechanisms.

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In addition to direct lobbying and federal outreach, Holland & Knight will assist Delaware County in building relationships with third parties and environmental National Government Organizations (NGOs) to identify and pursue opportunities for collaboration on policy initiatives. Our team works extensively with third parties in the energy and environment space, leading and participating in dozens of issue-specific coalitions that help to drive resources to municipalities and companies investing in transition to a lower carbon future. Close relationships with NGOs including the Alliance to Save Energy, American Council for an Energy-Efficient Economy, World Resources Institute, and major industry trade associations such as the Edison Electric Institute, the American Clean Power Association, among dozens of others, have the attention of Congress and the Administration and are ones we can bring to bear to drive funding and policy to support programs to help finance Delaware County’s Green Economy Initiative.

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Response to Request for Proposal from The County of Delaware

March 31, 2021 photo

Leslie Pollner Senior Policy Advisor | Washington, D.C. | 202.469.5149 | [email protected]

Eve O'Toole Senior Policy Advisor | Washington, D.C. | 202.419.2505 | [email protected]

Jim Schultz Partner | Philadelphia | 215.252.9572 | [email protected]

www.hklaw.com

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Table of Contents

Statement of Qualifications ...... 1

Professionals ...... 6 Eve Maldonado O'Toole ...... 6 Leslie I. Pollner ...... 8 Jim Schultz ...... 10 Rich Gold ...... 15 Camryn Towle ...... 19 Suzanne Michelle Joy...... 20

Appendix A: Local Government Client List ...... 22

Appendix B: Terms of Engagement ...... 23

Holland & Knight Offices ...... 26

Disclaimer: The information provided in this handout is general information and not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult with legal counsel. All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. Copyright © 2021 Holland & Knight LLP. All rights reserved. Confidential Presentation for The County of Delaware 306

Statement of Qualifications

Description of Experience and Outcomes Achieved Federal Advocacy Holland & Knight’s Washington-based Public Policy & Regulation Practice Group, the lobbying arm of the firm, began in 1982. It is one of the most experienced and well-respected government relations practices of any law firm in the U.S. Home to more than 100 individuals, the group includes four former members of Congress; former Clinton, Bush, Obama, and Trump White House and Administration officials; former local government officials; and former senior congressional committee and legislative staff. Among our unique qualifications:

Unparalleled Local Government Experience. Through our work representing cities, counties, and other municipal entities, Holland & Knight has developed a strong foundation in all issues that matter to local governments. Our policy experience is bolstered by our strong relationships with federal departments and agencies, the White House, and every House and Senate committee and subcommittee important to local governments. Our firm has a deep understanding of local government pressures and needs, understands how to position clients, and what it takes to be successful on their behalf. Working together, Holland & Knight would act as an extension of the County of Delaware. As such, we will partner with you to craft legislative, regulatory, and political strategies that meet your goals and priorities as they evolve.

Bipartisan. Holland & Knight has built a successful government affairs practice through our depth of experience and diversity – and by maintaining our bipartisan ties. While some firms fluctuate depending on which party is in power, Holland & Knight remains steady year after year, election after election, by nurturing longstanding relationships – with the Administration, committees, and party leaders – on both sides of the aisle. This allows us to anticipate and adjust quickly to changing congressional or Administration dynamics. Our bipartisan, comprehensive approach to federal advocacy will help the County of Delaware position yourselves in this highly competitive federal environment and help strengthen and expand your federal relationships.

Team Based. Another key to our effectiveness is that Holland & Knight is team based. We dedicate the personnel with the necessary relationships and substantive knowledge to the matter at hand. This organizational structure provides clients with a significant advantage that does not exist with other firms, which tend to operate as independent actors or only have meaningful relationships with one body of Congress or one political party. At Holland & Knight, our advocacy teams meet regularly to share intelligence, coordinate advocacy activities, and develop client action plans. Providing support to the entire organization are a number of seasoned legislative aides with governmental experience and the ability to track, monitor, and report on legislative and regulatory developments in a timely manner.

Federal Funding Expertise. From 2010 to the present, Holland & Knight has secured hundreds of millions in grants and programmatic funding for our clients covering the spectrum of local government issues. The grants we’ve secured include: $570 million in DOT BUILD grants, $92 million in DOT’s INFRA grants program, and numerous Federal Railroad Administration (FRA) Consolidated Rail Infrastructure and Safety Improvements (CRISI) grants; more than $44.5 million in DOJ COPS hiring grants, $35 million in Assistance to Firefighters (AFG) grants, and over $100 million in Staffing for Adequate Fire and Emergency Response (SAFER) grant funding for emergency responses; $183.35 million in Choice Neighborhoods Planning and Implementation grants; $743 million in the Environmental Protection Agency (EPA) WIFIA loans for water infrastructure projects.

If selected, Holland & Knight will work closely with you to gauge how your priorities may benefit from the annual appropriations process. We will then use our extensive relationships with Senate and House

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Appropriations Committee members to achieve the County’s funding priorities, including securing report language and programmatic funding. Furthermore, with earmarks—now called Community Project Funding—returning there are new opportunities for the County to secure funding for its priorities. Because of our previous extensive experience working on earmarks before they were banned, we understand the nuances of this process and can help you successfully navigate this new terrain to ensure that the County puts forward competitive proposals that are successfully funded.

When you decide to pursue a particular grant opportunity, Holland & Knight can assist in mapping a strategic plan to pursue the grant. We will address selection criteria, and stress certain project aspects that the agency may be more focused on during a particular round of funding. Because of our close agency relationships, we can often gain key intelligence and insight into program directions that an agency may be considering which can change from year to year. If selected to represent the County, Holland & Knight will set up meetings with the federal agencies to discuss your proposed initiatives; work with the congressional delegation to solicit support for grants through letters and direct contact with the agency leadership; and will use our close relationships with the Biden Administration to lobby on your behalf.

Creative Campaign-Style Advocacy. Unlike other firms, Holland & Knight offers a campaign-style approach to advocacy. We incorporate lobbying, regulatory lawyering, traditional and social media, coalition building, and grassroots engagement to break through the “noise” in Washington and achieve client goals. We have a rich history of establishing and executing thought leader/validator advocacy campaigns, local partnerships, successful grassroots campaigns, and coalitions. In fact, over the last five years, Holland & Knight has successfully led more than 30 coalitions and ad hoc efforts, bringing together divergent interests to rally behind a broader message to affect legislative or administrative changes.

Profile-Raising Success. We have been highly successful in positioning our municipal clients as national leaders on issues of importance and taking local objectives and turning them into national policies. Through our strong relationships with think tanks, foundations, business and private sector associations, labor organizations, minority leadership groups, and thought leaders, Holland & Knight has successfully built coalitions and broadened support for policies and projects of importance to our clients leading to favorable legislation and media attention.

Seamless Extension of Your Team. Working together, Holland & Knight would act as an extension of the County. We are available to you 24/7 and want to function as your Washington, D.C., office. We are proactive in our efforts and communications with our clients and are constantly creating new opportunities to highlight and support our clients’ priorities with Congress and the administration. When the County sends delegations to Washington, D.C., Holland & Knight will make all arrangements necessary, including: • Arranging meetings with House and Senate members and their staff, the White House, and key federal department and agency officials. • Assist with advance work, including developing talking points, briefing materials, position papers, and justification packets. • Provide assistance with travel logistics for Washington visits, including arranging local transportation and conference room facilities. • Participate in these meetings to provide support and guidance. • Assist with follow-up after the visit to ensure that the meetings are productive and efforts on your behalf are sustained.

In addition, we strongly believe in the importance of preparing the congressional members’ schedulers and other key staff prior to the County’s visit so the members are adequately prepared to discuss your projects and funding priorities.

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Active Bipartisan PAC. The Holland & Knight Committee for Effective Government is our firm’s federal PAC. It is the number one law firm PAC in the United States for contributions to federal candidates and party committees. We hosted or co-hosted over 60 events in Washington, D.C., and other firm offices in the 2018-2019 election cycle, raising nearly $2 million for members and senators with clients at those events.

Similar Projects Philadelphia, Pennsylvania: Holland & Knight has worked with the City of Philadelphia since 2011. The successes and results we have achieved for the City during our tenure has included the City’s designation as a Promise Zone – one of just five named in 2015 – to help bring federal investment and attention to West Philadelphia. We also secured $100 million to provide security at the Democratic national conventions when the City hosted those events. We have also helped the City receive transportation, infrastructure, housing and homelessness funding. Over the past several years, we positioned the City as a national leader to fight attempts to repeal the Affordable Care Act and health care protections, and we provided a strong voice on immigrant rights and LGBTQ issues.

Los Angeles County, California: Holland & Knight has extensive experience representing counties in front of Congress and federal agencies, including Los Angeles County. Since 2017, we have worked on a wide range of issues ranging from homelessness and affordable housing to immigration. For example, we helped the County secure appropriations language to urge the U.S. Department of Housing and Urban Development to direct unused Housing Choice Vouchers to high cost areas that serve homeless and special need populations, and worked with HUD to implement this language.

Placer County, California: Holland & Knight helps this Northern California county of about 400,000 with funding for its programs and infrastructure related to water, transportation, public safety, habitat conservation and wildfire prevention; economic development; agriculture; Payment in Lieu of Taxes funding; and Secure Rural Schools Act funding. Among other achievements, Holland & Knight has secured more than $11 million in federal funding to design and construct a modern regional wastewater treatment system. Additionally, we secured $71.6 million for increased capacity on I–80 between Sacramento/Placer County and California State Route 65. The County has been a client since 1997.

Mayors & CEOs for U.S. Housing Investment: Over the last five years, Holland & Knight has successfully led more than 30 coalitions and ad hoc efforts, bringing together divergent interests to rally behind a broader message to affect legislative or administrative changes. In 2018, Holland & Knight created an innovative public-private coalition of mayors and CEOs to highlight the importance of federal funding for affordable housing/homelessness and community development. Our team leads and manages the Mayors & CEOs for U.S. Housing Investment, which now includes 33 Democratic and Republican mayors from urban, rural, and suburban municipalities, as well as business leaders. All together, they represent more than 19 million residents and millions of households. The coalition has worked closely with Congress to secure emergency rental and homelessness assistance under COVID-19 relief measures, include resources for housing infrastructure in the House-approved Moving Forward Act, develop bipartisan legislation that establishes a new program that provides housing paired with health and supportive services targeted to the homeless, as well as the creation of a housing stabilization fund to assist those teetering on homelessness. Further, to elevate the coalition’s work, Holland & Knight has helped coordinate roundtables with key stakeholders, members of Congress, and participated in forums with the National League of Cities, U.S. Conference of Mayors, and the National Alliance to End Homelessness.

Charlotte, North Carolina: Holland & Knight has advocated for the city’s transportation, housing, public safety, and economic development federal priorities since 2004. Over the years, we have played a critical role in successfully securing a $500 million FFGA for the Charlotte Area Transit System (CATS) LYNX Blue Line Extension Light Rail Project.

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State Advocacy Holland & Knight is your legislative advocate in the state capitals where we have offices. Our team works diligently and carefully to identify every proposal directly affecting your operations, so that together we can make the case for passage, defeat or amendment.

As one of the first major law firms to create a public law practice, we have decades of experience representing your interests before governors, cabinets, state agencies and local government entities across the United States. Our team has spent years working in state capitals, and we leverage the knowledge we have gained – and the working relationships we have built – to help you accomplish your statewide goals. In dealing with the leadership of state legislative bodies, governors’ offices, executive branch agencies and cabinets and local government officials, working with counsel that has extensive experience with these entities helps you accomplish your goals. We are dedicated to serving your government law needs, whether they involve lobbying, representation before state agencies and local governments, guidance in procurement and grants-making processes, or monitoring legislative and administrative developments.

Keystone Opportunity Improvement Zone: Holland & Knight successfully worked with the House, Senate and Governor’s office in Pennsylvania for the approval of a Keystone Opportunity Improvement Zone at a former U.S. Steel major industrial site in Bucks County. We garnered support from the local business community, organized labor and local governments.

Key Personnel A key to Holland & Knight's effectiveness is that our work is team-based. We dedicate the personnel with the necessary relationships and substantive knowledge to the matter at hand. A detailed outline of our proposed team’s relationships is outlined below. We look forward to leveraging our policy knowledge and political ties to your advantage.

Eve Lisa Leslie Jim Rich Gold Maldonado Barkovic Suzanne Pollner, Co- Schultz, Liaison to Camryn O'Toole, Transportati Joy Leader Co-leader Senate Towle Co-Leader Democrats; on & Public Health Liaison to Liaison to Legislative Liaison to Water & Safety Policy House Local Analyst House Energy Policy Policy Specialist Democrats Agencies Specialist Democrats Specialist

Resources Available Our Washington office is located at 800 17th Street N.W., less than two blocks from the White House. We regularly provide office and conference space for clients when they visit our offices at no additional cost. As a global law firm, we also have offices throughout the country, including an office in Pennsylvania, and can provide office space at any of our locations if needed.

We serve our clients with the best resources available. We have state-of-the-art equipment to hold video conference calls, webinars, large conferences and presentations. Additionally, Holland & Knight uses iManage, a document management system used by more than 3,000 organizations worldwide. Through iManage, policy professionals can collaborate on client presentations and deliverables regardless of location. During the Covid-19 pandemic, our team has utilized iManage and video conferencing to continue servicing our clients seamlessly. We’ve facilitated meetings with federal officials via Zoom, prepared our clients for virtual advocacy and hosted multiple webinar presentations. We’ve utilized technology to stay connected to our clients, and to the federal government in order to continue delivering federal advocacy success.

Finally, in addition to the equipment, Holland & Knight uses several legislative and administrative tracking services to inform our clients of the latest policy developments. For example, we use Congressional

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Quarterly (CQ), Politico Pro and Bloomberg Government (BGov), which gives us access to a variety of information including breaking news, hearing schedules, Congressional Research Service (CRS) reports, legislative updates, and detailed action reports. We also have a subscription to leadership directories, which we use to find relevant Capitol Hill, White House, federal agency, and other contact information that might not be readily available.

References

City of Philadelphia Deborah Mahler, Deputy Mayor for Intergovernmental Affairs; 267-559-3439; [email protected]

City of Charlotte Dana Fenton, Intergovernmental Relations Manager; 704-336-2009; [email protected]

Los Angeles County RJ Lyerly, Chief Legislative Representative; 202-393-2404; [email protected]

Interested firms must address the following concerns in their proposals: Clearly state if they are offering to provide services at the state and/or federal levels, the requirements to register as a representative/lobbyist at the appropriate levels, and the firm’s ability to achieve compliance with these requirements. Holland & Knight is offering to provide services at the state and federal levels. Holland & Knight team members are registered lobbyists with the U.S. Clerk of the House and the U.S. Secretary of the Senate. The firm’s U.S. House ID is 30825. Our U.S. Senate ID is 18466. Our records can be accessed on the LDA Reports section of the official U.S. Senate website (www.senate.gov) and the Office of the Clerk at the House (http://clerk.house.gov) for verification. In addition our team is registered to lobby in the state of Pennsylvania.

Identify any actual, apparent, or potential conflicts of interest and their approach to avoiding, mitigating, or neutralizing these conflicts when they arise. Firms should also discuss how they resolve issues when they represent jurisdictions with competing goals and initiatives. Holland & Knight LLP does not have any current or potential conflicts of interest representing County of Delaware. Holland & Knight is one of the largest law and lobbying firms in the United States and is often asked to represent a client with interests adverse to another client in an unrelated matter. We follow the applicable rules and codes of professional conduct pertaining to conflicts of interest. For example, before Holland & Knight accepts the representation of a new client or a new matter for an existing client, the name of the prospective client and related relevant information, including the names of adverse parties, are compared with a list of the firm’s current and former clients maintained on a computer database. If it is determined the prospective representation creates a conflict with an existing or former representation, Holland & Knight would not accept the new client or matter without the conflict being resolved, typically through appropriate disclosure to and waivers from the affected clients. In addition, Holland & Knight seeks to avoid conflicts of interest which may be created by the employment of new lawyers and non-lawyer staff. Prior to joining the firm, candidates cooperate in a due diligence process that determines whether the joiner would cause a disqualifying conflict of interest that could be imputed to all of Holland & Knight and if so, appropriate procedures are initiated to resolve the conflict pursuant to the ethics rules, ethics opinions and case law in the appropriate jurisdiction.

Declare any political contributions made at the local, state, or federal levels that may impact on the firm’s ability to actively and faithfully pursue the County’s goals and objectives.

The firm has not made any political contributions at the local, state or federal levels that may impact our ability to actively and faithfully pursue the County’s goals and objectives.

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Professionals

Eve Maldonado O'Toole

Senior Policy Advisor Washington, D.C. 202.419.2505 [email protected]

Practices Public Policy & Regulation | Federal Budget and Appropriations | Environment | Federal Practice | Government Representation | Local Government Advocacy

Eve Maldonado O'Toole is co-leader of Holland & Knight's Local Government Group. She brings more than 20 years of federal lobbying experience, with substantial background in local government/public sector advocacy, regulatory, appropriations and policy development, and in establishing and executing local public-private partnerships, successful grassroots campaigns and coalitions, and positioning state and local officials and municipalities nationally. With close working ties to Congress and the executive branch, Ms. O'Toole has a strong record of advancing a wide range of public interests. These include transportation and infrastructure, energy, environment, water, natural resources, community and economic development, public safety, housing and homelessness, health and human services, workforce, education, civil rights, telecommunications and technology, homeland security, emergency preparedness and recovery, defense and base reuse, and public finance. Among other key local government/public agency and public-private partnerships, Ms. O'Toole currently represents cities from San Francisco to Philadelphia, Port of Los Angeles, Los Angeles County, San Mateo County's transportation agencies and the 480-member League of California Cities, where she previously served as head of its Washington, D.C., office. She also leads and manages the advocacy for several national coalitions, including Mayors and CEOs for U.S. Housing Investment, Mayors Against LGBTQ Discrimination and the Water Agency Leaders Alliance. Ms. O'Toole previously served as senior vice president and director of the Intergovernmental Group practice of MARC Associates, a federal relations consulting firm. She also worked as a government affairs representative with another large law firm, serving as federal representative for Los Angeles County. She currently serves on the board of Voto Latino and the California State Society and has

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served on the board of The Representation Project and the Women's Campaign Fund. She recently co- founded GrupoMas, a social network of LatinX professionals interested in California’s economic, political, arts, entertainment and cultural affairs. She also was vice president for development and treasurer for MANA, a national Latina organization.

Memberships • GrupoMas, Co-Founder • California State Society, Board Member • Voto Latino, Board Member

Recent Publications • American Rescue Plan Act of 2021: Summary, Holland & Knight Alert, March 10, 2021 • Summary of Key Provisions in the COVID and FY 2021 Omnibus Package Impacting Local Governments, Holland & Knight Alert, December 23, 2020 • HEALS Act: Overview of Senate Republicans' Coronavirus Relief Proposal, Holland & Knight Alert, July 29, 2020 • Local Government Provisions of Interest in the HEROES Act, Holland & Knight Alert, May 15, 2020 • COVID-19 Round 3 in D.C.: CARES Act Summary, Holland & Knight Alert, March 26, 2020 • California Cities Lead on Affordable Housing and Homelessness Services, Western City, December 1, 2019

Recent Speaking Engagements • Election 2020: Potential Impacts Series - Local Government, Holland & Knight Webinar, September 22, 2020 • Understanding Congress, HOPE (Hispanas Organized for Political Equality) Leadership Institute, September 2020 • National Low Income Housing Coalition, State and Local Implementation Working Group, April 2020 • San Francisco Chamber of Commerce, Federal Advocacy, March 22, 2018 • Game Changers for Affordable Housing, National League of Cities Workshop, March 2018 • Governing Institute, Women in Government Leadership Program, Class of 2016, January 2016 • National League of Cities, Advocacy in Action 101: Impacting Change on the Federal Level, March 7-11, 2015

Education • UCLA, B.A., Political Science

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Leslie I. Pollner

Senior Policy Advisor Washington, D.C. 202.469.5149 [email protected]

Practices Public Policy & Regulation | Federal Practice | State and Local Government Procurement | Public Finance | Transit | Local Government Advocacy | Autonomous Transportation

Industries Transportation & Infrastructure

Leslie Pollner is co-leader of Holland & Knight's Local Government Group and a member of the firm's Public Policy & Regulation Group. Ms. Pollner focuses on several key industries, including transportation, economic development and housing. Her extensive experience in government at both the federal and local level allows her to help clients develop innovative solutions and advocacy strategies to achieve results. Prior to joining the firm, Ms. Pollner was the deputy mayor for federal affairs in Los Angeles under Mayor Antonio Villaraigosa. She led the city of Los Angeles' office in Washington, D.C., directed its federal advocacy efforts, and managed lobbying teams at the Los Angeles port, airport and public utilities commissions. Ms. Pollner was also the principal liaison with the U.S. Conference of Mayors while Mayor Villaraigosa was the president of the organization and worked with mayors across the country on key issues, including building a coalition to support the transportation reauthorization bill. Prior to that, Ms. Pollner was a two-time chief of staff for U.S. Reps. Suzanne Kosmas and Tim Mahoney, both of Florida. She has also worked in public affairs consulting and crisis communications support for Fortune 500 companies and helped develop communications strategies for the Bill & Melinda Gates Foundation, concentrating on the nonprofit's education investments.

Publications • American Rescue Plan Act of 2021: Summary, Holland & Knight Alert, March 10, 2021 • Summary of Key Provisions in the COVID and FY 2021 Omnibus Package Impacting Local Governments, Holland & Knight Alert, December 23, 2020 • HEALS Act: Overview of Senate Republicans' Coronavirus Relief Proposal, Holland & Knight Alert, July 29, 2020

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• Local Government Provisions of Interest in the HEROES Act, Holland & Knight Alert, May 15, 2020 • Holland & Knight's Israel Practice Newsletter: Spring 2020, April 20, 2020 • COVID-19 Round 3 in D.C.: CARES Act Summary, Holland & Knight Alert, March 26, 2020

Speaking Engagements • Election 2020: Potential Impacts Series - Local Government, Holland & Knight Webinar, September 22, 2020 • An Overview of What to Expect From the Trump Administration, Holland & Knight Program, November 30, 2016 • National League of Cities, The Art of Advocacy: Taking City Hall to Capitol Hill, March 7-11, 2015

Education • Harvard University Kennedy School of Government, M.P.P. • Coro Fellows Program • Pomona College, B.A., summa cum laude

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Jim Schultz

Partner Philadelphia 215.252.9572 [email protected]

Practices Public Policy & Regulation | State Attorneys General | State Capitals | Federal Practice | Local Government Advocacy | Government Representation | Congressional Investigations | Political Law

Jim Schultz is an attorney in Holland & Knight's Philadelphia and Washington offices. Mr. Schultz is a member of the firm's Public Policy & Regulation Group and leads the Northeast Government Advocacy Team and is a co-leader of the State Attorneys General Practice. Mr. Schultz provides counsel to major corporations and institutional clients on legal and policy matters across wide-ranging areas, including government investigations, congressional inquiries, government contracting and procurement, federal and state ethics issues, and administrative law matters. He has counseled clients on issues involving insurance, environment, education, state antitrust, transportation and transit, and healthcare. Mr. Schultz has also represented colleges and universities in National Collegiate Athletic Association (NCAA) investigations. Mr. Schultz not only has a keen understanding of the challenges businesses face in highly regulated environments, he is also highly experienced at handling high-profile legal matters that are likely to attract considerable media attention. Prior to joining Holland & Knight, Mr. Schultz worked in the Philadelphia office of an international law firm, where he led the government and regulatory practice and handled litigation matters throughout the country. In addition, Mr. Schultz has served in various high-profile government positions. He was a Senior Associate Counsel and Special Assistant to the President of the United States in the Office of White House Counsel, where he provided counsel to the White House on matters involving government contracting, procurement, trade and transportation, and infrastructure. Mr. Schultz had liaison responsibilities to the U.S. Department of Transportation (DOT) and the General Services Administration (GSA). He played a significant role in the drafting and review of executive orders, and was involved in the interview and selection process for U.S. attorneys as well as federal district and circuit court judges. In addition, Mr. Schultz served as an ethics official for the White House, with the responsibility of providing counsel on ethics and compliance matters, including those involving the Ethics Act, Hatch Act, Stop

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Trading on Congressional Knowledge (STOCK) Act, gift rules, financial disclosures and conflicts of interest. Mr. Schultz also served as counsel to the presidential transition and was a member of the legal team during the 2016 Republican National Convention. He is often called upon as a political and legal contributor to local and national media outlets. Mr. Schultz is active in state and local politics and has served as a campaign adviser and legal counsel to candidates running for office. From 2011-2014, he served as general counsel to Gov. Thomas W. Corbett, his executive staff and the Commonwealth of Pennsylvania. Mr. Schultz managed a legal organization of nearly 500 lawyers who served as counsel to 36 executive agencies and independent boards and commissions. He provided counsel on all major procurements, transactions, litigation, and the preparation of legislation and regulations on behalf of the administration and Commonwealth agencies under the governor's jurisdiction. He managed a vast portfolio of work, including agriculture; banking and securities; primary, secondary and higher education; energy; environment; insurance and healthcare; labor and employment; municipal finance; pensions; taxes and revenues; and transportation and infrastructure. His responsibilities also included initiating and overseeing internal investigations as well as state agency engagement with the federal government on legal matters. Mr. Schultz also served as a senior aide to the U.S. Attorney for the Eastern District of Pennsylvania, where he worked on public policy initiatives throughout the region and served as the liaison to federal, state and local government, and law enforcement officials and agencies. Early in his career, Mr. Schultz spent four years as a litigator handling cases throughout the region and country. In 2004, he served as the regional field director for Bush-Cheney presidential campaign. During law school, Mr. Schultz served as a student law clerk for the Honorable Thomas Saylor of the Pennsylvania Supreme Court, and immediately following law school, he served as a law clerk to the late Honorable Vincent A. Cirillo, President Judge Emeritus of the Pennsylvania Superior Court. Resident in the District of Columbia office solely to provide law related services, and not engaged in the general practice of law unless under the supervision of lawyer licensed to practice in the District of Columbia.

Representative Experience

Litigation and Dispute Resolution • Resolved a major contracting dispute with a state government on behalf of a technology company • Represented a major healthcare provider in a reimbursement dispute with the U.S. Department of Health and Human Services (HHS) • Counseled all 14 colleges and universities in the Pennsylvania State System of Higher Education on various transactions and litigation matters as well as civil rights, Title IX, Clery Act and National Collegiate Athletic Association (NCAA) compliance • Successfully led litigation on behalf of the Commonwealth of Pennsylvania that recovered more than $30 million in a settlement to restore park system assets

Regulatory Matters • Provided counsel to a publicly traded national property and casualty insurer on insurance regulatory issues with respect to a major expansion of its headquarters • Provided counsel to a transportation network company on state and city regulatory issues and successfully litigated related matters adverse to the applicable regulator in federal district court

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• Represented numerous app-based companies in multijurisdictional regulatory matters • On behalf of the Pennsylvania Department of Insurance, successfully oversaw the regulatory approval process for the corporate restructuring of a major nonprofit health insurer based in Philadelphia

Investigations • Successfully resolved a U.S. Department of Education and U.S. Veterans Administration (VA) investigation relating to a major university • Resolved a five-year U.S. Department of Justice (DOJ) Civil Rights Division investigation on behalf of a multibillion-dollar nonprofit institution within one year of being retained without any monetary penalty, damages or consent decree adversely impacting the client • Provided counsel to one of the largest U.S. cities in connection with a DOJ audit • Represented a large university in multiple internal investigations related to potential NCAA violations • Represented clients in investigations by a state office of attorney general relating to data privacy issues • Represented a Pennsylvania municipal government entity in connection with an investigation by the Pennsylvania Department of Labor and Industry (L&I) • Represented major university in connection with investigation by the U.S. Department of Veterans Affairs (VA)

Government and Municipal Matters • Represented government officials before the U.S. Office of Government Ethics (OGE) and the U.S. House of Representatives Ethics Committee • Successfully counseled the Office of the Receiver in Harrisburg, Pennsylvania's distressed city municipal recovery process • Oversaw the drafting and implementation of public-private partnership legislation for transportation and infrastructure projects in Pennsylvania • Provided counsel on the implementation of numerous policy initiatives fostering the growth of Pennsylvania's energy sector • Played an integral role in the development and implementation of Pennsylvania's City Revitalization and Improvement Zone (CRIZ) Program, which was designed to spur new growth in cities that have struggled to attract development and create jobs

Honors & Awards • Dean's Alumni Achievement Award, Widener University Commonwealth Law School, 2017

Memberships • Visit Philadelphia, Board of Directors, 2020-Present • The Pennsylvania Society, Board of Councilors, 2019-Present • International Council of Shopping Centers Political Action Committee (ICSC PAC), Co-Chair, Advocacy Subcommittee, 2019-Present • Philadelphia Shipyard Development Corporation, Board of Directors, 2019-Present

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• Rosemont College, Board of Trustees, 2018-Present • Philadelphia Freedom Valley YMCA, Board of Directors, 2015-2017 • Drexel University President's Leadership Council, Board of Directors, 2015-2017 • Pennsylvania Legal Aid Network, Board of Directors, 2015-2017 • Steward's Alliance of the Archdiocese of Philadelphia, Executive Committee Chairman • Christian Street YMCA, Executive Committee, 2008-2011 • Athletic Advantage Fund, Founding Member, 2003-2011

Publications • Republicans and Democrats Should Find Common Ground on Prison Reform, Penn Live/Patriot News, November 19, 2020 • Trump's Greatest Accomplishment, CNN Opinion, August 24, 2020 • Stop Harassing Public Health Officers. They Have Dedicated Their Lives to Protect Us, San Diego Union-Tribune, July 1, 2020 • China Needs to be Held Accountable for COVID-19's Destruction, CNN Opinion, June 20, 2020 • Bill Barr Got It Right on Roger Stone, CNN Opinion, February 19, 2020 • U.S. Deal with China is a Victory for Trump, But More Still Needs to be Done, CNN Business Perspectives, January 19, 2020 • Temple's Football Program Has Made the Case for a Home of Its Own, Philly Magazine, September 18, 2019 • Trump's Trade War With China Will Be Worth the Fight, CNN Business Perspective, August 23, 2019 • The Disastrous Consequences of DA Larry Krasner's "Reforms", Philly Magazine, June 27, 2019

Speaking Engagements • Post-Election Briefing: State Attorneys General, Holland & Knight Webinar, December 8, 2020 • Post-Election Briefing, Holland & Knight Program, November 6, 2020 • Election Update, National Association of Water Companies 2020 Virtual Water Summit, October 20, 2020 • COVID-19: What to Expect from Phase Four of the Federal Stimulus, The Chamber of Commerce for Greater Philadelphia Webinar, April 23, 2020 • Election 2020: A Primer on The Presidential Election, National Association of Water Companies Summit, October 13 - 15, 2019 • The Do's and Don'ts of Doing Business with State Government, Association of Corporate Counsel Event, October 18, 2018 • Current Political Topics, Panelist, Aqua America Leadership Conference, September 5, 2018

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Education • Widener University Commonwealth Law School, J.D. • Temple University, B.A.

Bar Admissions/Licenses • Pennsylvania

Court Admissions • U.S. Court of Appeals for the Third Circuit • U.S. District Court for the Eastern District of Pennsylvania • U.S. District Court for the Middle District of Pennsylvania • U.S. District Court for the District of New Jersey • U.S. Supreme Court

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Rich Gold

Partner Washington, D.C. 202.457.7143 [email protected]

Practices Environment | Climate Change | Federal Budget and Appropriations | Energy | Sustainable Development | Federal Practice | Congressional Investigations | Public Policy & Regulation | Legislative Tax Practice | Local Government Advocacy | Florida Government Advocacy | Risk and Crisis Management | Autonomous Transportation

Industries Transportation & Infrastructure

Rich Gold is the leader of the firm's Public Policy & Regulation Group and focuses his practice at the intersection of complex policy and political issues involving Congress, the executive branch and the media. The Public Policy & Regulation Group has been ranked among the top law and lobbying firms in Washington by publications including American Lawyer's Influence Magazine, Legal 500 United States guide, Financial Times and U.S. News - Best Lawyers guide. Mr. Gold has been recognized as a top lobbyist in Washington by The Hill, The National Journal, Washington SmartCEO, Super Lawyers, Washingtonian and The Washington Business Journal. In addition, Chambers USA – America's Leading Business Lawyers guide has recognized Mr. Gold since 2007. In his 2019 Band 1 Ranking for Government Relations – USA – Nationwide, clients said he is:

knowledgeable about the governmental and regulatory process and specific policy and legal issues. He has a wide network of resources from which to draw.

able to act for a diverse range of clients and is well adept at handling matters concerning Congress and the executive branch.

at the top of this for me, he is just fabulous. He manages relationships as well as anyone, and I can call him up with an issue and it is dealt with in a heartbeat. In his area of expertise he is just the best.

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Mr. Gold served in the U.S. Senate for Sen. Lloyd Bentsen (D-Texas) as his advisor on environmental affairs where he worked on issues related to environmental side agreements of the North American Free Trade Agreement (NAFTA). During the Clinton administration, he was a special assistant to Environmental Protection Agency (EPA) Administrator Carol Browner, with whom he helped develop the EPA's Superfund reform proposal and its administrative improvements package. Mr. Gold also served as a career lawyer in the EPA's Office of Enforcement and Compliance Assurance and Office of General Counsel, working on major rulemakings as well as significant Superfund cases. Mr. Gold approaches political and policy problems from the perspective of campaign-style advocacy – forming, developing and executing issue-advocacy campaigns that incorporate lobbying, regulatory lawyering, traditional and social media, and grassroots engagement to break through the noise in Washington and achieve client goals. Mr. Gold has engaged for individual companies, trade associations and coalitions on the issues of the day ranging from climate change legislation and regulations and Toxic Substances Control Act (TSCA) reform to trade legislation, corporate tax reform, as well as major U.S. Food and Drug Administration (FDA) reform legislation and financial services legislation. He has helped form and manage numerous coalitions that have succeeded in passing major legislation, reducing the impact of major rules on industry sectors and achieving other critical policy goals. Touting years of experience, Mr. Gold works in a broad array of policy areas, including environmental, life sciences, financial services, tax, trade and transportation. He has achieved significant successes in representing large cities and counties before Congress and the executive branch, helping local governments to achieve their funding and policy goals in the post-earmark era in Washington. He has strong client connections in the chemical, forest and paper, auto, food and energy sectors. Mr. Gold counsels clients on issues before the EPA, FDA, U.S. Department of Transportation (DOT), the U.S. Army Corps of Engineers, the financial regulatory agencies, Office of the U.S. Trade Representative (USTR) and U.S. Department of Agriculture (USDA). He is a politically active Democrat who is a major fundraiser for Democrats in the U.S. Senate and House of Representatives and at the presidential level. Mr. Gold has been with the firm for more than 25 years, joining the firm in late 1994 after leaving the Clinton administration. He became the leader of the firm's policy group in 1999 and has grown the group into one of the top advocacy organizations in Washington. In his management role, he developed a flatter, team-based group, incorporating senior professionals with lawyers and bringing new kinds of leverage that looks and feels more like a consulting practice than the traditional law firm partner- associate model. He brought strategic public relations and crisis communications capabilities into the firm to provide a broader array of services and one-stop shopping to general counsels and vice presidents for government affairs. He moved the lobbying practice to a fixed-fee model and created an alternative fee billing arrangement that eliminated billable hours, making the practice more attractive to senior professionals without law degrees from a recruiting perspective and for clients seeking a new value proposition in their Washington counsel during challenging economic times. Mr. Gold has worked on a broad range of crises from the environmental and transportation sectors to healthcare and local government matters. His focus in the crisis space is on congressional investigations, federal regulatory and enforcement response, and crisis communications. As a board member of The Bryce Harlow Foundation, Mr. Gold serves to educate young people on the importance of professional advocacy and increase the understanding of its essential role in the development of sound public policy. In recognition of Mr. Gold's energy and environmental policy expertise, he was appointed to the Board on Environmental Studies and Toxicology of the National Academy of Sciences in 2009 and served until 2012.

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Honors & Awards • Crisis Management Trailblazer, The National Law Journal, 2020 • The Best Lawyers in America guide, Government Relations Practice, 2008-2021 • Chambers USA - America's Leading Business Lawyers guide, Government: Government Relations, 2007-2020 • Washington, D.C. Super Lawyers magazine, 2008-2019 • The Legal 500 USA, Government - Government Relations, 2015-2020 • Top Lobbyist - Hired Guns, The Hill, 2011-2020 • LMA Your Honor Award-Online Interactive Marketing Tools for the Public Policy & Regulation Group's "Election Night Twitter Project," 2013 • Financial Times Innovative Lawyers Award, 2012 • Top Lobbyist - The Best in the Business, The Hill, 2007-2009 • Corporate Counsel Edition, Super Lawyers magazine, July 2009 • Leading Democratic Lobbyists in Washington, The National Journal, 2007 • Top 50 Lobbyists in Washington, Washingtonian Magazine, 2007 • Legal Elite, Washington SmartCEO Magazine • Top Washington Lawyer Finalist, Washington Business Journal, Local & State Lobbying, 2007-2008 • Martindale-Hubbell AV Preeminent Peer Review Rated

Memberships • New Hampshire Wentworth Watershed Association, Board Member, 2020 • The Bryce Harlow Foundation, Secretary/Treasurer • The National Academy of Sciences, Environmental Studies and Toxicology Board, former Board Member, 2009-2012 • George Washington University Law School, Dean's Board of Advisors

Recent Publications • Community Project Funding: 117th Congress Revives and Recalibrates the Earmark Process, Holland & Knight Alert, March 23, 2021 • Biden Unveils Proposed Sustainable Infrastructure and Clean Energy Plan, Holland & Knight Alert, July 20, 2020 • Holland & Knight's Israel Practice Newsletter: Spring 2020, April 20, 2020 • COVID-19 Round 3 in D.C.: CARES Act Summary, Holland & Knight Alert, March 26, 2020 • Summary: Financial Aid in Legislative and Administrative Responses to COVID-19, Holland & Knight Alert, March 20, 2020

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Recent Speaking Engagements • How To Navigate A New Presidential Administration and Hit The Ground Running, The Advocacy Association, January 15, 2021 • 2020 Post-Election Briefing with Bloomberg Government, Holland & Knight and Bloomberg Government Webinar, November 12, 2020 • Post-Election Briefing, Holland & Knight Program, November 6, 2020 • The Government Relations Toolkit for 2020-21, Public Affairs Leadership Summit, September 29 - October 1, 2020 • Political Engagement Boot Camp Series, Part 1: Political Action Committee (PAC) Overview; Part 4: Fireside Chat – How to Leverage PAC Dollars, Holland & Knight 4-Part Webinar Series, September 24; October 1, 8 and 15 • 2019 End of Year Analysis and Look Ahead, Panelist, Fiscal Note, December 12, 2019

Education • The George Washington University Law School, J.D., with honors • The University of Vermont, B.S., Business Administration

Bar Admissions/Licenses • District of Columbia • Virginia

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Camryn Towle

Legislative Assistant Washington, D.C. 202.469.5469 [email protected]

Practices Public Policy & Regulation | Native American Law

Camryn Towle is a legislative assistant in Holland & Knight's Washington, D.C., office and a member of the firm's Public Policy & Regulation Group. Ms. Towle primarily works with tribal and corporate clients, assisting them on legislative and regulatory matters that affect their respective industries, corporations, governments and communities. Her areas of focus include tribal self-governance and advocacy, economic development, environment and agriculture. Prior to joining Holland & Knight in her current position, Ms. Towle was a Public Policy & Regulation Group intern in the firm's Washington, D.C., office, where she assisted the Native American Law practice.

Tribal Affiliation • Mille Lacs Band of Ojibwe

Publications • Operation Warp Speed and Vaccine Distribution Policies, Holland & Knight Alert, November 23, 2020

Education • Dartmouth College, B.A., History

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Suzanne Michelle Joy

Senior Public Affairs Advisor Washington, D.C. 202.469.5209 [email protected]

Practices Public Policy & Regulation | Healthcare & Life Sciences | Healthcare & Life Sciences Policy

Suzanne M. Joy is a senior public affairs advisor in Holland & Knight's Washington, D.C., office and a member of the firm's Public Policy & Regulation Group. Ms. Joy focuses her practice in healthcare policy and advocacy. Ms. Joy is a seasoned veteran in the federal healthcare regulatory space, cultivating her career at some of the nation's leading medical associations. She has significant knowledge of physician reimbursement issues and value-based payment reform, including Medicare's Quality Payment Program (QPP). Prior to joining Holland & Knight, Ms. Joy was a member of the regulatory affairs team at the American College of Physicians (ACP), where she handled their value-based reimbursement portfolio. She was a principal author behind ACP's Medical Neighborhood Model, Merit-Based Incentive Payment System (MIPS) Value Pathway Proposal and New Vision for U.S. Healthcare. Ms. Joy also led ACP's Council of Subspecialty Societies and represented the organization on numerous stakeholder coalitions and meetings with senior government officials. She brings a wealth of experience and contacts in the physician practice community, and has secured a number of key policy and design changes to improve the workability of federal programs and models for physicians. Prior to her role at the ACP, Ms. Joy spent six years at the Medical Group Management Association (MGMA), where she traveled the country presenting on federal policy changes, lobbied for administrative burden reduction and other top priorities, and directed legislative lobbying and grassroots advocacy efforts on behalf of the organization. Ms. Joy began her policy career on Capitol Hill as an intern for then-Rep. Chris Van Hollen (D-Md.), where she met with healthcare stakeholders and assisted in fielding healthcare appropriations requests.

Honors & Awards • Bryce Harlow Foundation, Fellow, 2015

Memberships • Arlington County Community Services Board (ACCSB)

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• Court Appointed Special Advocate (CASA) for Children of D.C., Here Opportunities Prepare you for Excellence (HOPE) Court

Publications • How Biden's Leadership Picks Will Shape Health Priorities, Law360, March 11, 2021 • American Rescue Plan Act of 2021: Summary, Holland & Knight Alert, March 10, 2021 • Mitigating the Negative Impact of Step Therapy Policies and Nonmedical Switching of Prescription Drugs on Patient Safety, Co-Author, American College of Physicians (ACP) Advocate Newsletter, December 4, 2020 • Envisioning a Better U.S. Health Care System for All: Health Care Delivery and Payment System Reforms, Co-Author, Annals of Internal Medicine, January 21, 2020 • ACOs New to Program and Located in Highly Competitive Markets Struggle to Achieve Savings, Medical Group Management Association (MGMA) Connection, August 2016

Education • Georgetown University, M.P.P., Healthcare Policy • University of Maryland, B.A., Government and Politics

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Appendix A: Local Government Client List

Holland & Knight represents cities, counties, and other municipal entities throughout the United States. We can leverage our experience and relationships on your behalf. A full list of our local government clients is below:

Transportation Broward Metropolitan Planning Organization (FL); Hillsborough Area Regional Authorities/MPOs Transit Authority (FL); Jacksonville Transportation Authority (FL); Los Angeles County Metropolitan Transportation Authority (CA); Metropolitan Atlanta Rapid Transit Authority (GA); Niagara Frontier Transportation Authority (NY); Regional Transportation Commission of Southern Nevada (NV); Caltrain (CA); SamTrans (CA); San Bernardino County Transportation Authority (CA); and Southwest Ohio Regional Transit Authority (OH); Southern California Association of Governments (CA) Cities Atlanta, GA; Aurora, CO; Charlotte, NC; Everett, WA; Fremont, CA; Key West, FL; Norfolk, VA; Philadelphia, PA; Phoenix, AZ; Sacramento, CA; San Francisco, CA; San José, CA; Santa Ana, CA; Seattle, WA; Stamford, CT; Tampa, FL; West Palm Beach, FL; West Sacramento, CA; Covington, KY; Savannah, GA;

Counties Los Angeles, CA; Osceola, FL; Placer, CA; Polk, FL; Sacramento, CA; and San Francisco, CA Water Authorities San Francisco Public Utility Commission (CA); Orange County Water District (CA); Toho Water Authority (FL); and Moulton Water District (OR) Coalitions Mayors & CEOs for US Housing Investment: John Giles, Mesa, Kate Gallego, Phoenix; Lily Mei, Fremont; Robert Garcia, Long Beach; Eric Garcetti, Los Angeles; Libby Schaaf, Oakland; Darrell Steinberg, Sacramento; City of San Diego; London Breed, San Francisco; Sam Liccardo, San Jose; Michael Tubbs, Stockton; Christopher Cabaldon, West Sacramento; Michael Hancock, Denver; City of Thornton, CO; City of Aurora, CO; Muriel Bowser, Washington, DC; Keisha Lance Bottoms, Atlanta; Vi Lyles, Charlotte; Lucy Vinis, Eugene; Ted Wheeler, Portland; Jim Kenney, Philadelphia; Steve Benjamin, Columbia; Cassie Franklin, Everett; Jenny Durkan, Seattle

Mayors Against LGBTQ Discrimination: 425 coalition members from all 50 states and DC Other Atlanta BeltLine Inc. (GA); Coalition for the Northeast Corridor; Alliance for Infrastructure Reuse and Redevelopment; League of California Cities; Los Angeles Community College District (CA); Los Angeles County Development Authority; Orange County Fire Authority (CA); Port of Los Angeles (CA); and Sacramento Metropolitan Fire District (CA)

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Appendix B: Terms of Engagement

We appreciate your decision to engage Holland & Knight LLP (“H&K”), a national law firm, for the consulting and/or lobbying services (“law-related services”) described in the accompanying letter. This document explains how we work, our obligations to you, your obligations to us, what we will do on your behalf, and how our charges will be determined and billed. Experience has shown that an understanding of these matters will contribute to a better relationship between us, and that in turn makes our efforts more productive.

Our engagement and the services that we will provide to you are limited to the matter identified in the accompanying letter. Any changes in the scope of our engagement as described in the letter must be approved in writing.

We will provide law-related services only. You have acknowledged in the accompanying letter that you do not expect to receive, and we will not provide any legal services as part of this engagement. Accordingly, we will not be acting as your lawyers in this matter. Consequently, no attorney-client relationship will result from this engagement and you will not become entitled to any of the benefits of an attorney-client relationship, such as an attorney’s ethical duty of confidentiality or the attorney-client privilege against compelled disclosure. Further, H&K’s lawyers would not be prohibited from providing legal services to clients in unrelated legal matters that are adverse to you. While conflicts of interest rules applicable to lawyers would not apply, we, of course, would not undertake law-related services for another client adverse to the matter on which you have engaged our services.

You will provide us with the factual information and materials we require to perform the services identified in the letter, and you (solely or together with other advisers) will make such business, legal or technical decisions and determinations as are appropriate. You will not rely on us for business, investment, legal or accounting decisions, or expect us to investigate the character or credit of persons or entities with whom you may be dealing, unless otherwise specified in the letter.

Fees and Billing. We encourage flexibility in determining billing arrangements. For example, we often agree with our clients to perform services on a fixed-fee or other basis that we and the client believe will encourage efficiency and reflect the value of our services in relation to a particular objective.

If you and we have agreed on a fixed fee arrangement, you agree that our fees will not be limited to the fixed amount if you fail to make a complete and accurate disclosure of information that we have requested and that we reasonably require for our work, or if you materially change the terms, conditions, scope, or nature of the work, as described by you when we determined the fixed amount, or as compared with the work normally and customarily involved in similar engagements. If any of these events occurs, you agree that our fees will be based upon the other factors described below, unless you and we agree on a revised fixed fee.

If the accompanying letter does not provide for a fixed fee, or if we do not otherwise confirm to you in writing a fee arrangement, our fees for services will be determined as described in the following paragraphs.

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When establishing fees for services that we render, we are guided primarily by the time and labor required, although we also consider other appropriate factors, such as the novelty and difficulty of the issues involved; the skill required to perform the particular assignment; time-saving use of resources (including research, analysis, data and documentation) that we previously have developed and stored electronically or otherwise in quickly retrievable form; the fee customarily charged by comparable companies for similar law-related services; the amount of money involved or at risk and the results obtained; and the time constraints imposed by either the client or the circumstances. We generally require a retainer in an amount that is appropriate with respect to the proposed engagement. Unless otherwise agreed, the retainer will be applied to the last statement rendered in connection with the engagement, with any unused portion being returned to the client.

In determining a reasonable fee for the time and labor required for a particular matter, we consider the ability, experience, and reputation of the consultant or consultants who perform the services. To facilitate this determination, we internally assign to each consultant an hourly rate based on these factors.

Of course, our internal hourly rates change periodically to account for increases in our cost of delivering law-related services, other economic factors, and the augmentation of a particular consultant's ability, experience, and reputation. Any such changes in hourly rates are applied prospectively, as well as to unbilled time previously expended. We record and bill our time in one-tenth hour (six minute) increments; however, the minimum time that is normally billed for the total of an individual consultant's activities on a matter in a single day is three-tenths of an hour.

Out-of-Pocket Expenses. In addition to consulting fees, our statements will include out-of-pocket expenses that we have advanced on your behalf and our internal charges (which may exceed direct costs and allocated overhead expenses) for certain support activities. Alternatively, the company may charge for such internal charges as a percentage of the fees charged. Advanced expenses generally will include such items as travel and expedited delivery charges. Our internal charges typically include such items as toll calls, facsimile transmissions, overnight courier services, certain charges for terminal time for computer research, and charges for photocopying materials sent to the client or third parties or required for our use. We may request an advance cost deposit (in addition to the advance fee deposit) when we expect that we will be required to incur substantial costs on behalf of the client.

Billing. We bill periodically through-out the engagement for a particular matter, and our periodic statements are due when rendered. If our fees are based primarily on the amount of our time devoted to the matter, our statements will be rendered monthly. Our statements contain a concise summary of each matter for which law-related services are rendered and a fee is charged.

If our statements are not paid in a timely manner, we reserve the right to discontinue services. Additionally, if our statement has not been paid within 30 days from the date of the statement, we impose an interest charge of 1.25 percent per month (a 15 percent annual percentage rate) from the 30th day after the date of the statement until it is paid in full. Interest charges apply to specific monthly statements on an individual statement basis. Any payments made on past due statements are applied first to the oldest outstanding statement. We are entitled to attorneys' fees and expenses if collection activities are necessary.

Questions About Our Bills. We invite you to discuss freely with us any questions that you have concerning a fee charged for any matter. We want our clients to be satisfied with both the quality of our services and the reasonableness of the fees that we charge for those services. We will attempt to provide as much billing information as you require and in such customary form that you desire, and are willing to discuss with you any of the various billing formats we have available that best suits your needs.

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Confidentiality. Although not mandated by attorney professional conduct regulations (given that our relationship is not of attorney and client), this is to confirm to you that H&K and its principals and employees agree to maintain in strict confidence all information and materials furnished to us in confidence by you and your representatives and to make disclosure thereof only in accordance with your directions or consent or pursuant to law, judicial order or decree.

Termination. Upon completion of the matter to which this engagement applies, or upon earlier termination of our relationship, our law-related services relationship will end unless you and we have expressly agreed to a continuation with respect to other matters. We hope, of course, that such a continuation will be the case. The engagement is terminable at will by either of us. The termination of the engagement will not terminate your obligation to pay fees and expenses incurred prior to the termination.

* * * * *

Your agreement to this engagement constitutes your acceptance of the foregoing terms and conditions. If any of them is unacceptable to you, please advise us now so that we can resolve any differences and proceed with a clear, complete, and consistent understanding of our relationship.

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Holland & Knight Offices

United States Offices Atlanta, Georgia Houston, Texas Portland, Oregon 1180 W. Peachtree Street, Suite 1800 1100 Louisiana Street, Suite 4300 601 SW Second Avenue, Suite 1800 Atlanta, Georgia 30309 Houston, TX 77002 Portland, OR 97204 T 404.817.8500 | F 404.881.0470 T 713.821.7000 | F 713.821.7001 T 503.243.2300 | F 503.241.8014

Austin, Texas Jacksonville, Florida San Francisco, California 111 Congress Avenue, Suite 540 50 North Laura St., Suite 3900 50 California Street, Suite 2800 Austin, Texas 78701 Jacksonville, Florida 32202 San Francisco, California 94111 T 512.472.1081 | F 512.472.7473 T 904.353.2000 | F 904.358.1872 T 415.743.6900 | F 415.743.6910

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Confidential Presentation for The County of Delaware | 26 332

AGENDA ITEM NO. 8.I

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Howard Lazarus,Executive Director

ITEM TYPE: Grant

AGENDA SECTION: Agreements / Contracts / Amendments

SUBJECT: Approval of an $8,000 Grant to U.S. Veterans Legacy Project, Inc. to defray expenses of its mission to preserve the legacy of Delaware County Veterans. Subject to Solicitor's approval.

EXPENSE BUDGET LINE ITEM 01-8990-635007 ACCOUNT:

ESTIMATED/ACTUAL COST OF $8,000 REQUEST:

FUNDING SOURCE: County Revenue

REVENUE TYPE:

PURCHASING:

GRANTS:

ADDITIONAL COMMENTS:

ATTACHMENTS:

333 AGENDA ITEM NO. 11.A

Item Cover Page

COUNTY COUNCIL AGENDA ITEM REPORT

DATE: June 2, 2021

SUBMITTED BY: Anne Coogan,County Clerk

ITEM TYPE: Appointments

AGENDA SECTION: Appointments

SUBJECT: Approval to appoint Annemarie G. Hirsch to the Delaware County Board of Health to fill the unexpired term of Lora Siegmann Werner to a term ending January 2024.

EXPENSE BUDGET LINE ITEM n/a ACCOUNT:

ESTIMATED/ACTUAL COST OF n/a REQUEST:

FUNDING SOURCE: N/A

REVENUE TYPE:

PURCHASING:

GRANTS:

ADDITIONAL COMMENTS:

ATTACHMENTS:

334