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1 Company Profile Phillips & Jordan, Inc. Key Markets Oil & Gas Power Water Resources Industrial & Commercial Solid Waste (Green Group Holdings) Disaster Management 1

2 APWA-NC Solid Waste Division Annual Conference August 11, 2016 Atlantic Beach, NC

3 Organizational Considerations (Who are the players)

4 The First Post Event Consideration Was the event significant enough to trigger a Presidential Declaration and FEMA Public Assistance grant opportunities? Treat every event as if was going to be a Presidential Declaration Manage to day 101 not day 1

5 Disaster Documentation (When and where do I start?) 0000-DR-NC Declaration Date 00/00/2016 Incident Period 00/00/ /00/2016

6 Public Assistance Supplemental financial assistance to local governments for response and recovery activities required as a result of a Presidential Declared disaster. Funding is cost shared at a federal share of no less than 75% of eligible costs. Your cost share will be a maximum of 25% of eligible cost

7 The P.A. Program is a Partnership FEMA manages the program, provides technical assistance, approves grants State Government educates applicants, works with FEMA to manage the program, implements and monitors grants awarded Local Government identifies damage, provides documentation, manages funded projects.

8 P.A. Program Staff Public Assistance Officer (PAO) responsible for the entire P.A. Program. The only one of this staff who has authority to rule on eligibility! Public Assistance Crew Leader (PACL) works with applicant to ensure projects are developed and processed efficiently. Project Specialist has a defined area of expertise of on site observation and inspection. Reports to PACL

9 Eligible Applicant? (If you re here you are probably an Eligible Applicant ) State Agencies Counties Cities / Towns / Villages Other State Political Subdivisions, i.e. B.O.E. Native American Tribes or Tribal Organizations Certain Private Non-Profit Organizations

10 Applicants (Terminology) Recipient the State is responsible for administering P.A. grants. (Also referred to as the applicant) Sub-recipient an eligible applicant that receives P.A. funding (local governments). (Also referred to as the sub-applicant) Pass-through Entity means a non-federal entity that provides a sub-award to a sub-recipient to carry out part of a Federal program. NOTE: many States and State Administrative Agencies will be considered pass-through entities under the new regulation i.e. NCDOT.

11 Facility & Work Eligibility Must be damaged as a result of a declared event. Located within the area declared by the Presidential Declaration. The legal responsibility of an eligible Applicant and in active use at the time of the disaster. Not under the authority of another federal agency. (No Federal Parks, US Forest Service, National Monuments or waterways under USACE jurisdictional authority)

12 FY 2016 Public Assistance Disaster Relief Threshold for State/County Adjusted for 2010 Census Data State/County Population Per Capita Total North Carolina 9,535,483 $1.41 $13,445,031 *Wake 900,993 $3.56 $3,207,535 *Tyrrell 4,407 $3.56 $15,689 *Total of all counties must equal North Carolina State threshold

13 FY 2015 Public Assistance Disaster Relief Threshold for State/County Note: According to FEMA s historical cost data, 65% of the total cost of a Declared Disaster is attributed to managing debris. Based on that metric: If the amount of your Initial Damage Assessment (IDA) for debris exceeds the following amount, you would likely reach the threshold for a Federal Disaster Declaration. Wake County = $2,084,899 (65% of threshold) Tyrrell County = $10,198 (65% of threshold)

14 FY 2016 Public Assistance Disaster Relief Threshold for County Tyrell County: County Threshold = $15,689 65% of total threshold (debris removal) = $10,198 divided by $8.00 CY = 1,275 CY Average single payload of 35 CY per truck, means that 36 truckloads of debris should be enough to trigger a Federal Declaration. Wake County: County Threshold = $3,207,535 65% of total threshold (debris removal) = $2,084,899 divided by $8.00 CY = 260,612 CY Average single payload of 35 CY per truck, means that 7,446 truckloads of debris should be enough to trigger a Federal Declaration.

15 The Public Assistance Process Disaster Event JPDA Governor s Request Declaration Kick-off Meeting Submission of Request Applicants Briefing Formulation of Projects Project Review Approval Sub-Recipient Recipient Funding

16 Insurance Actual or anticipated insurance proceeds will be deducted from the eligible project costs for facilities that are insured. No Duplication Of Benefits is Allowed! Duplication of Benefits is currently the second most frequent reason for deobligation of FEMA PA grant funds

17 Project Worksheet (PW) (Your estimated scope and cost for the project) Form used to document the scope of work and cost estimate for a project. Supplies FEMA with the information necessary to approve the scope of work and fund the project.

18 Life of a Project Worksheet (This process is not going to happen fast friends!) Applicant provides list of damages to the PACL at the Kickoff meeting. Eligibility of damage is determined. Special considerations are discussed. Appropriate documentation is provided by the applicant and reviewed. The PW is written and submitted for approval. The PW is reviewed and approved by the applicant, State and FEMA

19 Life of a Project Worksheet Funds are obligated by FEMA to the State based on the approved PW. Funds are drawn by the State (Recipient) and paid to the Applicant (Sub-recipient) based on approved actual or estimated costs. (Don t expect your reimbursement within 90 days)

20 Life of a Project Worksheet When the project is complete, a final inspection and review of a large project is conducted. 15% of total funds are retained pending project close-out The project is closed. Upon request, applicant is eligible to receive all remaining funds associated with the specific closed out project Documentation is maintained by Applicant

21 Record Keeping Applicants are required to maintain complete and accurate documentation, by project, for all disaster-related costs. Documentation must be maintained a minimum of three years after receiving a disaster close-out letter from the state.

22 Categories of Work Emergency Work A. Debris Removal B. Emergency Protective Measures Permanent Work C. Roads and Bridge Work D. Water Control Facilities E. Public Buildings / Equipment F. Public Utilities G. Other (Parks, Recreation, etc.)

23 Category A Debris Removal Clearance, removal, and/or disposal of items such as trees, building components, etc. Must eliminate immediate threat to lives, health and safety, and improved public and private property. Must ensure the economic recovery of the community.

24 Category B Emergency Protective Measures (Where most local governments don t capture cost data to support their PW) Actions taken by Applicants before, during, and after a disaster to save lives, protect public health and safety, and prevent damage to improved property. Actions Include: Search and rescue Warning devices (such as barricades) Emergency Operations Center (EOC) activation

25 Category C - Road Systems ROADS -Road Surface -Bases -Shoulders -Ditches BRIDGES -Decking -Abutments -Wing Walls -Approaches DRAINAGE STRUCTURES -Culverts -Cross Drains

26 Category D - Water Control Facilities Facilities built for the following purposes: Pumping Drainage Irrigation

27 Category E - Buildings/Equipment BUILDINGS - 50% Rule - Codes/Standards - Equipment - Vehicles - Supplies DEDUCT INSURANCE AND SALVAGE

28 Category F- Utilities Repair or Replace to pre-disaster design or function: Power generation and distribution centers Water and Sewer Treatment plants Telecommunication systems

29 Category G- Parks/Recreational/Other Playgrounds Swimming Pools Ballparks Other public facilities not listed in other categories

30 Eligible Costs Must: Be reasonable to accomplish the eligible work Comply with federal, state, and local laws and regulations Include deductions of insurance proceeds & salvage value

31 Recent Changes and Implementation of Federal Disaster Aid Programs Sandy Recovery Improvement Act of 2013 Robert T. Stafford Act as Amended April 2013 FEMA Public Assistance Program Federal Highway Administration Emergency Relief Program (MAP-21) (No more 100% reimbursement from FHWA) Super Circular 2 (2 C.F.R.)

32 Sandy Recovery Improvement Act Reduce the cost of federal government assistance Increase the administrative flexibility of the FEMA Public Assistance program Expedite the process of providing and using the assistance Create incentives for applicants to complete projects in a timely and cost-effective manner

33 FEMA Public Assistance Program Alternative Procedures (Optional) Accelerated debris removal Increased Federal cost share (sliding scale) Applicants retain Recycling revenues Reimbursement of straight time and over time force account labor costs for debris removal New Arbitration process for dispute resolution Debris management plans Debris Removal Work Days from Incident Period Federal Cost Share 0-30 Days 85% Days 80% Days 75% Federal Dollars will NOT be provided for debris removal after 180 days (unless extension is granted)

34 Debris Management Plans Purpose to Define Situation and Event description Roles and responsibilities Concept of operations Training and exercise

35 Debris Management Plans Some Specific Requirements The debris management activities which may be accomplished with contracted resources and the process for procuring and managing those contracted resources should be identified in the debris management plan. Identify priority roads. Identify debris management site locations. Develop final disposal plan. Provide annual training, exercises, and updates. ONE TIME 2% added reimbursement for work completed in the first 90 days when you have a FEMA pre approved plan while utilizing the Alternative Procedures Program

36 Project Completion Deadlines Time limits for all projects begin the date of the disaster declaration Emergency work 6 months Permanent work 18 months Upon Applicant s request, the FEMA Regional Director may increase these time extensions on a case-by-case basis. Unless an extension is granted, no work past the original project date will be funded!

37 Public Assistance Summary The Public Assistance Program assists in the restoration of community infrastructure. It is a supplemental cost reimbursement program with specific eligibility requirements. The FEMA share of eligible costs will be awarded to the State for disbursement to the applicant.

38 Cooperative Purchasing Agreements 44 C.F.R (b)(5); Encouraging Intergovernmental Agreements To foster greater economy and efficiency, the regulation encourages grantees and subgrantees to enter into State and local intergovernmental agreements for procurement or use of common goods and services. FEMA is encouraging jurisdictions to collaborate in joint procurements (or a cooperative procurement ) for goods and services where economies of scale would result in savings or using purchasing schedules or contracts.

39 Intergovernmental Agreements FEMA has generally interpreted this regulation as encouraging jurisdictions to collaborate in joint procurements (or a cooperative procurement ) for goods and services where economies of scale would result in savings or using purchasing schedules or contracts.

40 Contracting Process Checklist Competitive bidding procedures Clear and definitive scope Require references, licenses, financial records, insurance Review by your legal counsel for compliance (44CFR, 2 CFR) Document procurement procedures Load tick or ADMS for documentation Unit price based contract

41 Contracting Process Checklist Time and Materials contract for first 70 hours post event only Payment to the contractor only for FEMA determined eligible debris Regularly submitted invoices, minimum every 30 days Termination for Convenience Clause Performance period expectations Require safe working environment and industry standard safety compliance

42 Contracting Process Checklist A bid guarantee equal to 5% of the bid price to ensure that post bid selection that the successful bidder will enter into a binding agreement for the work. Bid Guarantee (44 C.F.R (h)(1)) In the case where the contractor is awarded the contract but fails to enter into the contract, as agreed, then the purpose of the guarantee is to provide financial protection to the subgrantee by paying the difference between the contractor s offer and the next closest offer.

43 Bonding Requirements A performance bond to secure fulfillment of the contractor s obligations for 100% of the contract price A 100% payment bond to assure payment as required by law of all persons supplying labor and materials in performance of work specified in the contract.

44 Contracting Process Checklist The most frequent procurement procedure sited by the Office of Inspector General (OIG) resulting in deobligation of FEMA Public Assistance Grant money: Did not take specific affirmative steps to ensure the use of disadvantaged firms when possible; $214,000 deobligated from

45 Blue Sky Services Readiness & Responsiveness Debris Management Planning Assistance Client Training & Continuing Education Improvement Participation in Exercises, if Requested Community Relations Program Assistance DMS Site Identification Assistance USACE Debris Estimate Model-Based Projections and Planning Support Coordination with Debris Monitoring Firm 45

Approach to Contract Activation Project Operational Process Post Award and Pre-Event Coordination Predictable Event Identified Communication with

70-Hour Clearance Period Emergency Roadway Clearance Operations Determination of Resources Initial Damage Assessment Transition to Debris Removal

46 Approach to Contract Activation Project Operational Process Post Award and Pre-Event Coordination Predictable Event Identified Communication with County, Monitoring Firm, and Contractors Pre-Position of Resources (Personnel and Equipment) Event Impact Debris Management Site Preparation End of 70-Hour Clearance Period Emergency Roadway Clearance Operations Determination of Resources Initial Damage Assessment Transition to Debris Removal Operations Debris Disposal and Reduction Strategy Debris Management Site Operations Begin Execute Final Disposal Plan Debris Management Site Close-Out and Restoration 46

47 Approach to Contract Activation Operational Plan Project Management Structure Geographical Area Management Daily Planning Meetings & Operations Reports Subcontractor Procedures Quality Control Programs Documentation & Administrative Procedures Debris Eligibility Safety & Environmental Compliance Claims Management 47

48 Approach to Contract Activation DMS Management Plan Site Selection Site-Specific Operations Plan and Safety Plan Reduction and Disposal Considerations Inspection Tower Construction Environmental Assessment Site Closure and Restoration Keep the debris stream that must be placed into a lined landfill to an absolute minimum. 48

49 Thank you! Thank you for your time and participation. Can I answer any questions? Wayne Floyd, Director of Disaster Services Mobile: (919) wfloyd@pandj.com 49

Mississippi Emergency Management Agency Clayton French FEMA-4350-DR-MS. Public Assistance Applicant Briefing. December 7, 2017

Mississippi Emergency Management Agency Clayton French FEMA-4350-DR-MS Public Assistance Applicant Briefing December 7, 2017 Public Assistance Defined Supplemental financial assistance to State and local