Hurricane Matthew October 10, 2016 Categories A & B FEMA-4285-DR-NC
Event Details Agenda Public Assistance Program Overview Sandy Recovery Improvement Act of 2013 Direct Administrative Costs New FEMA PA Policy Guide Important Dates Required Documents Audit & Reporting Requirements
Event Details Disaster #: FEMA-4285-DR-NC Incident Type: Hurricane Declaration Date: 10/10/2016 Incident Period: October 4, 2016 & continuing Declared Categories of Work: A B Categories C-G pending Preliminary Damage Assessments
Declared Counties (Categories A & B) Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Harnett, Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Moore, Nash, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Wake, Washington, Wayne, and Wilson Counties (41)
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
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 (SRIA 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 Small projects: Less than $123,100 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 $123,100 Reimbursable on actual cost Request for Reimbursement Monthly Progress Report Final Inspection required Minimum amount of eligible Project Worksheet: $3,100
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 Identify 406 Hazard Mitigation opportunities
Types of Cost 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
Purchased Materials Taken from applicant s stock
Contract Work Acceptable debris contract types Time & Materials (only for cut & toss emergency clearance; don t use to remove/reduce/haul/dispose) 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 competitive procurement process bid solicitation, bid tab, selection criteria
Contract Work 2 CFR Part 200.317-326, Procurement Standards (formerly 44 CFR pt. 13.36) & Appendix II (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.
Contract Work 2 CFR Part 200.317-326, Procurement Standards (formerly 44 CFR pt. 13.36) & Appendix II (contract provisions) www.ecfr.gov Checklist for Reviewing Procurements by Federal Grant Recipients & Subrecipients: https://www.fema.gov/media-library- data/1442238516293- dfbdc7fa3c0ab1bd50edb6d157768f8a/pugchecklistpt 200508Complete.pdf
Rented Equipment Retain receipts to validate rented equipment costs
Sandy Recovery Improvement Act of 2013 Public Assistance Alternative Procedures Signed into law January 29, 2013 Authorizes several significant changes to the way FEMA may deliver assistance through PA program Debris Removal (Category A) Permanent Work (Categories C-G) Participation is voluntary (per project)
Sandy Recovery Improvement Act of 2013 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 Retain income from recycling without grant offset Sliding scale for debris removal cost share to incentivize faster/more efficient debris removal (days from start of incident period): 1-30 days = 85% federal cost share; 31-90 days = 80% federal cost share; 91-180 days = 75% federal cost share; Beyond 180 days: not eligible unless time extension granted by FEMA Each component independent (choose any, all, or none)
Sandy Recovery Improvement Act of 2013 Permanent Work (large projects only) Allows grants based on fixed estimates**; applicant accepts responsibility for actual cost over-runs above estimate Allows applicants to use excess funds for activities that reduce risk in future disasters and other activities to improve future PA operations Consolidation of multiple fixed grants (across categories) Eliminates grant reduction for Alternate Projects Allows FEMA to accept the mutually agreed upon certified cost estimates prepared by applicants licensed engineers Applicants may request FEMA-funded independent validation of project estimates with estimated federal share of at least $5 million **Must accept fixed estimate to use other components**
Subgrantee Direct Administrative Costs Since 2007, no longer automatic sliding scale allowance based on percentage of total project costs Direct (project-specific) administrative costs are documented and directly chargeable on each PW Labor, equipment, materials, etc. to conduct initial inspection, prepare & submit PW documentation, and conduct interim/final inspections Small projects: direct administrative costs paid on estimate Large projects: direct administrative costs paid on actual documented at Final Inspection
Governing Documents Statute Authorizes (Stafford Act) Regulations Outline Program Operations (44 Code of Federal Regulations) Policies Apply Statute and Regulations to Specific Situations (New for disasters declared after 1/1/16: FP 104-009-2 Public Assistance Program and Policy Guide [PAPPG], January 2016) Replaces previous FEMA publications & 9500 Series Policies Available online at: http://www.fema.gov/medialibrary/assets/documents/111781
Important Dates to Remember Action Due Date Request for Public Assistance... Full Identification of Damages... Emergency Work Completion... Permanent Work Completion... 30 days from Declaration Date *Extension granted until 12/8/16 60 days from Kick-Off Meeting 6 months from Declaration Date 18 months from Declaration Date
Required Documents: Request for Public Assistance (RPA) State-Applicant Disaster Assistance Agreement (SAA) Designation of Applicant s Agent (DAA) Private Non-Profit Organization Certificate & Questionnaire (if applicable) Other Requirements: Single Audit Compliance NC Grants Office of State Budget & Management
Request for Public Assistance (RPA) Represents the applicant s stated interest to participate in the PA program Must be submitted within 30 days of declaration date (Deadline extended to 12/8/16) Must complete entire 7-page document, including assurances and certifications (section 20.16) Include DUNS & FIPS number
State-Applicant Disaster Assistance Agreement (SAA) Represents the contract between the State and the applicant (subgrantee) Must complete all 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 Certification PNP Certification Form FEMA PNP Facility Questionnaire Proof that the organization is a non-profit under 501 (c)(d) or (e), including: IRS ruling letter State letter any relevant associated documents
Make sure all documents are complete (where applicable): Disaster Number Federal Tax ID DUNS Number FIPS Number Signatures
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 Wendy Estes wendy.estes@ncdps.gov
NC Grants Office of State Budget & Management G.S. 143C-6-23: Non-governmental entities that receive State or Federal pass-through grant funds directly from a state agency must file annual reports. Submit reports to State PA admin Wendy Estes wendy.estes@ncdps.gov Reporting due date determined by entity s fiscal year end & total funding received directly from all State agencies $25,000 or less = 6 months after fiscal year end $25,001 - $500,000 = 6 months after fiscal year end $500,001 or greater = 9 months after fiscal year end, and an A-133 audit may be substituted for the yellow book audit.
NC Grants Office of State Budget & Management (cont.) Entities automatically placed on Suspension of Funding List (SOFL) if reports not submitted within 60 days of required due date as shown in www.ncgrants.gov Entities on the SOFL cannot receive payments to any of its current grants or be awarded a new grant until the corrective actions as defined by OSBM have been achieved NC Grants Helpdesk: ncgrants@osbm.nc.gov or 919-807-4795
PA Contact Information Andy Innis, Public Assistance Officer (PAO) 919-218-3191 or Andy.Innis@ncdps.gov Charles Edwards, Deputy PAO 919-605-8105 or Charles.Edwards@ncdps.gov Dorothy Henderson-Bell, Deputy PAO 919-218-6642 or Dorothy.Henderson@ncdps.gov Mary Glasscock, Deputy PAO (debris) 919-218-6642 or Mary.Glasscock@ncdps.gov FEMA Public Assistance Hotline (24 hrs): 404-973-5098
PA Contact Information Submit RPA, SAA, DAA, PNP forms to: Wendy Estes, Administrative Phone: (919) 825-2314 or Wendy.Estes@ncdps.gov Fax: (919) 715-9191 Raleigh Office 4238 Mail Service Center Raleigh, NC 27699-4238 (Attn: Wendy Estes, Public Assistance)