Hurricane Florence September 14, 2018 FEMA-4393-DR-NC

Hurricane Florence September 14, 2018 FEMA-4393-DR-NC

Event Details Public Assistance Program Overview Direct Administrative Costs Public Assistance Alternative Procedures Procurement Using Federal Guidelines New FEMA PA: Policy Guide Delivery Model Agenda Grants Portal Important Dates Required Documents Audit & Reporting Requirements

Event Details Disaster #: FEMA-4393-DR-NC Incident Type: Hurricane Declaration Date: 9/14/2018 Incident Period: September 7 29, 2018 Declared Categories of Work: A G

State of North Carolina FEMA-4393-DR-NC Cherokee Graham Clay Swain Macon Jackson Haywood Madison Buncombe Yancey Avery McDowell *RPA Deadline Extension Dates: ALL COUNTIES - Due Nov 16, 2018 Watauga Burke Ashe Caldwell Alleghany Wilkes Alexander Catawba Iredell Counties Declared Surry Yadkin Davie Rowan Stokes Forsyth Rutherford Lincoln Henderson Cabarrus Polk Cleveland Gaston Stanly Montgomery Mecklenburg Union Davidson Anson Rockingham Guilford Randolph Richmond Scotland Caswell Alamance Orange Durham Moore Chatham Lee Hoke Person Robeson Harnett Cumberland Granville Vance Wake Bladen Columbus Franklin Johnston Sampson Warren Brunswick Nash Wilson Wayne Duplin Pender New Hanover Halifax Greene Lenoir Northampton Edgecombe Pitt Jones Onslow Craven Hertford Martin Bertie Beaufort Pamlico Carteret Gates Washington Tyrrell Dare Hyde Allegany, Anson, Ashe, Cabarrus, Chatham, Dare, Granville, Montgomery, Person, Randolph, Stanly, Union, Yancey Beaufort, Bladen, Brunswick, Carteret, Columbus, Craven, Cumberland, Duplin, Greene, Harnett, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Moore, New Hanover, Onslow, Pamlico, Pender, Richmond, Robeson, Sampson, Scotland, Wayne, Wilson

Public Assistance Program Objective Provide grants to eligible State and local governments, and certain private nonprofits, to assist with the cost of responding to and recovering from disasters.

Building Blocks of Eligibility COST reasonable, necessary WORK same as facility FACILITY legal responsibility of applicant, in damage area, direct result APPLICANT State and local government, federally recognized Indian Tribes, certain PNPs

Houses of Worship Under a new rule in Public Assistance, Houses of Worship (HOW) may be eligible, provided the HOW has been granted tax exemption under Sections 501(c), (d), or (e) of the Internal Revenue Code of 1954, or though the North Carolina Secretary of State. A House of Worship that meets the aforementioned requirements may be eligible for reimbursement of their costs under the FEMA Public Assistance program. As with any non-critical PNP, and before seeking funds from the FEMA PA program, Houses of Worship must first apply to the Small Business Administration (SBA) for a low-interest loan.

CATEGORIES OF WORK Emergency Work Permanent Work A: Debris Removal C: Roads & Bridges B: Emergency Protective D: Water Control Facilities Emergency Work (Categories A & B) 6 mos. from declaration date to complete Category A: regular & overtime eligible (Debris Pilot) Category B: overtime only eligible Permanent Work (Categories (C-G) 18 mos. from declaration date to complete Overtime and regular time are eligible E: Buildings & Equip. F: Utilities G: Parks, Recreation

Large vs. Small Projects Minimum amount of eligible Project Worksheet: $3,140 Small projects: Less than $125,500 Small project funding is fixed & paid as obligated, whether written on estimated or actual cost Exception: verification of actual insurance proceeds Large projects: Greater than $125,500 Reimbursable on actual cost Request for Reimbursement Monthly Progress Report Final Inspection required

1 1 Key Points: Completed Small Project Certification For small Cat B-G completed work projects, subrecipients can submit summary cost documentation and certify that it has met eligibility criteria in accordance with FEMA rules in place of all detailed supporting documentation (such as timesheets, work/activity orders, receipts, invoices, etc.) FEMA develops projects based on the certification and cost summaries provided Not applicable to Cat A projects, completed work projects greater than $125,500, or any projects with incomplete work

Project Worksheet Used to document eligible damages, scope of work, and cost estimate Special considerations could affect the scope of work (e.g., environmental, flood plain, historical, insurance) Insurance requirements obtain and maintain. Insurance is always a consideration in PW s to avoid duplication of benefits Identify 406 Hazard Mitigation opportunities

Types of Eligible Costs Force Account Labor Force Account Equipment Materials Contract Work Rented Equipment

Force Account Labor Provide a copy of personnel policy and a sample of time sheets Category B: overtime only Categories A, C-G: regular & overtime (Cat A = SRIA Pilot) Fringe benefits are eligible Overtime is paid based on personnel policy Reassigned employees paid at their regular rate of pay Overtime and regular time is eligible for temporary employees hired for the disaster

Force Account Equipment Applicant-owned equipment Equipment rates: FEMA equipment rates State/Local rates FEMA Schedule of Equipment Rates https://www.fema.gov/schedule-equipment-rates

Materials Newly Purchased (for disaster work) Taken from applicant s inventory Keep all invoices, receipts, inventory control registers, maintenance records, etc. for the duration of the time you work the event start to finish.

Contract Work Acceptable debris contract types Unit Price (cubic yard, ton, etc.) Lump Sum (must document debris quantities) Check for debarred contractors (EPLS) www.sam.gov Excluded Parties List System Document your procurement process (compliant with local, state, and federal requirements, whichever is most restrictive)

Contract Work Time/Materials and Cost Plus T & M is only to be used under very specific conditions: 1) Allowed for cut & toss emergency clearance; (don t use T&M to remove, reduce, haul or dispose of non-emergency debris) 2) When no other possible alternative exists Cost Plus (AKA Cost Plus Percentage of Cost ) is never allowed under any circumstances under Federal law.

Rented Equipment Be certain to keep your rental agreement Retain receipts to validate rented equipment costs

Direct Administrative Costs Administrative costs incurred in the management of Public Assistance grants Labor, equipment, materials, etc. to conduct initial inspection, prepare & submit PW documentation, and conduct interim/final inspections are examples of reimbursable administrative costs Track costs project-specific State must pass through 5% to sub-recipients (applicants)

Phases of Debris Operations Phase I (response) Clearance of debris that hinders immediate lifesaving actions and poses an immediate threat to public health and safety. *Any roads or road system Phase II (recovery) Removal & disposal of debris that hinders the orderly recovery of the community and poses less immediate threats to health and safety. *Legal responsibility for road/right-of-way 21

Road Systems: State/Federal NCDOT has been tasked by Executive Order to remove vegetative and C&D debris from statemaintained rights-of-way Local governments can still remove debris with signed MOA with NCDOT releasing authority to local government (who can get to it first?) FEMA reimburses local government

Monitoring Applicant must monitor for eligible debris locations & quantities removed Extremely important for reimbursement Use Force Account, temporary hires, or contract Monitor at all pick-up / disposal locations Document eligible pick-up locations Document quantities (CY or Tons) Load ticket system to quantify each load & track from point of pickup to Debris Management Site (DMS) or landfill, quantities reduced at DMS, and loads hauled from DMS to final disposal Monitor in tower at DMS to quantify loads coming in & verify trucks are empty upon departure from DMS Be sure to monitor your monitors (if using contract monitors)

Public Assistance Alternative Procedures Section 428 of the Stafford Act authorizes several significant changes to the way FEMA may deliver assistance through PA program for Debris Removal and for Permanent Work (Categories C-G)

Public Assistance Alternative Procedures Debris Removal (small & large projects) Reimbursement of straight time force account labor Financial incentive for FEMA-approved Debris Management Plan & at least one pre-qualified debris contractor: one-time 2% fed share increase first 90 days Each component independent (choose either, both or none)

Public Assistance Alternative Procedures 428 Permanent Work (Large Projects Only) Allows grants based on fixed estimates; applicant accepts responsibility for actual cost over-runs above estimate; applicant can use excess funds for FEMA-approved purpose Consolidation of multiple permanent work PW s across categories 406 Hazard Mitigation funding is included in fixed amount FEMA will accept the mutually agreed upon certified cost estimates prepared by applicants licensed engineers

Public Assistance Alternative Procedures 428 Permanent Work (Large Projects Only) All large permanent work projects will be formulated for participation in the Alternative Procedures Applicant conducts final concurrence in Grants Portal for the scope of work and cost estimate At this time, applicant has 30 days to accept or decline fixed cost offer for that project If offer is not accepted or rejected within 30 days, it will be processed using standard procedures

Stafford Act the law Governing Documents 44 Code of Federal Regulations program regulations 2 Code of Federal Regulations procurement regulations FP 104-009-2 Public Assistance Program and Policy Guide [PAPPG], April 2018) the policies The PAPPG/April 2018 replaces previous FEMA publications & 9500 Series Policies. See link below: https://www.fema.gov/media-library/assets/documents/111781

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A & E Services: The UG prohibits a contractor (which would include an engineer working under contract) who is involved in developing or drafting specifications, requirements, statements of work, and invitations for bids or requests for proposals from bidding on the contract. - 2 C.F.R. 200.319(a) 30

Contract Procurement 2 CFR Part 200.317-326, Procurement Standards (formerly 44 CFR pt. 13.36) & Appendix II (required contract provisions) www.ecfr.gov Contracting with Small & Minority Businesses, Women s Business Enterprises, and Labor Surplus Area Firms 2 CFR Part 200.321: The non-federal entity must take all necessary steps to assure that minority businesses, women s business enterprises, and labor surplus area firms are used when possible.

Minority Participation Applies to All Contracts regardless of type above micro-purchase threshold ($10,000) Requires 6 specific solicitation steps (Federal Uniform Guidance steps similar to state HUB good faith efforts) Local government must document their compliance with M/WBE solicitation requirements To assist with this requirement, post your RFP s on: https://ncadmin.nc.gov/businesses/historically-underutilizedbusinesses-hub/submit-contractor-bid-opportunity-hub

Contract Procurement Ensure adequate & open competition, and inclusion Document procurement process, bid tabulation, & your evaluation/selection criteria (weighted or otherwise). Award contract to lowest responsive & responsible bidder If you do not award to the lowest bidder, you must be able to justify why not (deemed not responsive, responsible, etc.) Non-competitive awards are not allowed 33

New PA Delivery Model

Exploratory Call Occurs prior to Recovery Scoping Meeting (RSM) FEMA Program Delivery Manager (PDM) & State PA Staff Discuss damages with applicant to facilitate RSM & establish damage inventory and prioritize projects Applicants will have access to a damage inventory template in the new PA Grants Portal Identify Special Considerations Issues: environmental, historic, 406 mitigation, insurance, etc. Identify appropriate Applicant staff to attend RSM, i.e., public works, finance, risk manager, response/recovery staff You ll discuss damages, but hold off on entering them.

New PA Delivery Model Recovery Scoping Meeting (RSM) Completed work: Review work by project Prepare summary sheets: Labor, Equipment, Materials, Contracts, Rented Equipment (per project) Work to be Completed: Identify all sites Provide cost estimates Documentation: Insurance policies, personnel/ot policies, mutual aid agreements, codes & standards, contracts and procurement process, invoices/receipts

FEMA PA Grants Portal The new PA Grants Portal will be the primary access point between FEMA, the applicant, the state, and others involved in project formulation to provide greater project visibility Create organizational profile to include primary and secondary PA contacts and all staff that need to be in the loop Submit your Request for Public Assistance (RPA) Assign roles within Portal to organizational staff Upload damage inventory and all related documents Communicate formal or informal project change requests Receive and respond to FEMA s requests for information Update other important info: facility location information, photographs, maintenance records, codes/standards and more.

Register for the Grants Portal Send to: public.assistance@ncdps.gov Contact Name Organization Name Phone Number Email Address

Add Your Organization

Submit Request for Public Assistance (RPA)

Submit Request for Public Assistance

Submit Request for Public Assistance (RPA)

4 4 Grants Portal Hotline for Public Assistance: (866) 337-8448

Important Dates to Remember Action Request for Public Assistance... Full Identification of Damages... Emergency Work Completion... Permanent Work Completion... Due Date 30 days from Declaration Date* 60 days from Recovery Scoping Meeting (Kick-Off Meeting) 6 months from Declaration Date 18 months from Declaration Date Alternative Procedures must be identified in 12 months!

Required Documents: Request for Public Assistance (RPA) State-Applicant Disaster Assistance Agreement (SAA) Designation of Applicant s Agent (DAA)

Request for Public Assistance (RPA) Represents the applicant s stated interest to participate in the PA program Must be submitted via the PA Grants Portal within 30 days of designation of your county* Include DUNS, EIN & FIPS number

State-Applicant Disaster Assistance Agreement (SAA) Represents the contract between the State and the applicant (subgrantee) Must complete all seven (7) pages Include Federal Tax I.D.

Designation of Applicant s Agent (DAA) The persons designated as agents will be the primary and secondary contacts for the applicant Resolution must be certified by applicant s governing body

Private Non-Profit Organization Documentation Proof that the organization is a non-profit under 501 (c)(d) or (e), or NC Secretary of State, including: NC Secretary of State letter IRS ruling letter Articles of Incorporation or by-laws, etc. Submit in PA Grants Portal during the RPA process.

Single Audit Compliance Requirements All non-federal entities that expend $750,000 or more of Federal awards in a year are required to obtain an annual audit... Single Audit Act Amendments of 1996 OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations Forward copy of annual audit to State PA admin Tinishia Ward tinishia.ward@ncdps.gov

NCEM Public Assistance Management Dorothy Henderson-Bell, Public Assistance Officer 919-218-6642 or dorothy.henderson@ncdps.gov Charles Edwards, Deputy PAO 919-605-8105 or charles.edwards@ncdps.gov Mary Glasscock, Deputy PAO 919-306-8188 or mary.glasscock@ncdps.gov

Other NCEM PA Contacts Debris Operations / Contract Procurement: Mary Glasscock, Deputy PAO 919-306-8188 or mary.glasscock@ncdps.gov Andy Innis, PA Grants Manager 919-218-3191 or andy.innis@ncdps.gov 406 Hazard Mitigation: Derek Winstead, 404/406 Mitigation Specialist 984-297-5661 or derek.winstead@ncdps.gov

PA Contact Information Submit SAA and DAA forms to: public.assistance@ncdps.gov Fax: (919) 715-9191