Federal Emergency Management Agency Public Assistance Program

Federal Emergency Management Agency Public Assistance Program

Objectives Provide overview of PA Program eligibility Define 4 building blocks of eligibility Summary of Cost Documentation Requirements 2 October 28, 2009

Overview of the Recovery Process (PA program) Emergency Response IDA PDA Request for Declaration Presidential Declaration JFO established Disaster November 05 November 08 OEM Grantee funding Small Project Large Project Management List of damages Project Formulation Applicant Briefing Request for Public Assistance Assigned FEMA PAC Kickoff meeting 3 October 28, 2009

Authorities & Purpose Stafford Act Law 44 CFR Regulation FEMA Policies Disaster Aid to Repair, Replace, or Supplement Parts of a Community's Infrastructure 4 Dennis Burton May 2, October 2006 28, 2009

Public Assistance Program Mission: To provide supplemental financial assistance to state, local and tribal governments, and certain private nonprofit organizations for response and recovery activities required as the result of a declared disaster. Funding is cost shared at a federal share of no less than 75% of eligible costs. 5 October 28, 2009

Eligibility Structure Cost Work Facility Applicant 6 October 28, 2009

Eligible Applicants Native American Tribal Governments and Tribal Organizations State County City / Town / Village Other political subdivision of the State Certain Private Non-Profit Organizations A grantee is a State or tribal government that is responsible for administering Public Assistance grants. A subgrantee is an eligible applicant that receives a Public Assistance grant as reimbursement for performing eligible disaster work. 7 October 28, 2009

Eligible Facilities Public Facilities Private Non-Profit Facilities 8 October 28, 2009

Private Non-Profit Entities critical service facilities Private Non-Profit (PNP) facilities that provide the following critical services are eligible for Public Assistance: Fire / Emergency Rescue Medical Treatment Power, Water, & Sewer Utilities Communications Systems Educational facilities 9 October 28, 2009

Private Non-Profit Entities Essential Services The following essential service facilities are eligible for Public Assistance for emergency work. However, the PNP must first apply to the Small Business Administration (SBA) for a disaster loan for permanent repair work before applying to FEMA. Museums Community centers Community Arts Centers Libraries Homeless Shelters Rehabilitation facilities Zoos Shelter workshops Senior citizen/day-care centers 10 October 28, 2009

The Private Non-Profit PNP makes application SBA PNP receives loan For facility losses State/FEMA determine Critical status Critical service & Non-critical emergency work Non-critical Service permanent work FEMA Eligible items not Funded by SBA are Submitted to FEMA Applicant receives Federal share for losses 11 October 28, 2009

Facility Use Legal Responsibility Other Federal Agencies (OFAs) Facility Use 12 October 28, 2009

Other Considerations Alternate Use Under Construction Replacement 13 October 28, 2009

Work Disaster damage Location Legal Responsibility 14 October 28, 2009

Types of Work Emergency Work A. Debris Removal B. Emergency Protective Measures Permanent Work C. Roads and Bridge Systems D. Water Control Facilities E. Public Buildings / Equipment F. Public Utilities G. Other (Parks, Recreation, etc.) 15 October 28, 2009

Emergency Work Category A Debris Removal Debris removal is eligible when: It eliminates an immediate threat to life, health, and safety It eliminates an immediate threat of significant damage to improved property It ensures economic recovery of the community and provides a benefit for the community-at-large 16 October 28, 2009

Emergency Work Category B Emergency Protective Measures Emergency Protective Measures are actions taken by a community before, during, and following a disaster to save lives, protect public health and safety, or eliminate immediate threat of significant damage to improved public and private property through cost effective measures. 17 October 28, 2009

Federal Emergency Management Agency Response and Recovery Directorate Policies Donated Resources # 9525.2 Offset the cost of the non-federal share on Category A and B Only (capped) Applies to eligible emergency work only Labor Costs, Emergency Work # 9525.7 Only Overtime & OT benefits are eligible (Force account) Temporary employees (disaster direct hire) straight and OT rate eligible Contract costs are eligible FEMA Policy: Post Disaster Bldg. Insp.# 9523.2, Duplication of Benefits# 9525.3, Mutual Aid agreements#9523.6 18 October 28, 2009

Mutual Aid for Public Assistance; DAP 9523.6 Key Points: Requested by a Requesting Entity or Incident Commander Directly related to a Presidentially declared emergency or major disaster, or declared fire; used in performance of eligible work (Emergency Work only) The reimbursement provisions of a mutual aid agreement must not be contingent upon receiving declaration The Providing Entity is reimbursed through the Requesting Entity, usually treated as contract, however, labor force cannot be employed by the same local or State government Requesting Entity Allows for post event if a written post-event agreement is written within 30 days of Requesting Entity s Applicant Briefing 19 October 28, 2009

Donated Resources All donated resources being claimed must be documented (who, what, when, where and how) Eligible Donated Resources may be claimed only by the applicant that has received the donation All labor, equipment, and material donations must issue from disinterested third parities. The value of any donation cannot be claimed as project costs by the claimant or any other Public Assistance applicant. 20 October 28, 2009

Permanent Work Work Categories C - G Eligible permanent work: Must repair, restore or replace disaster-damaged facilities in accordance with regulations Must restore to pre-disaster design, capacity and function in accordance with applicable codes and standards Must be required as a result of the disaster May include cost effective hazard mitigation measures 21 October 28, 2009

Cost Eligibility Reasonable and necessary to accomplish the work Compliant with federal, state, and local requirements for procurement Reduced by all applicable credits such as insurance proceeds and salvage values 22 October 28, 2009

Cost Labor Labor Reassigned Employees Temporary Employees Volunteer Labor 23 October 28, 2009

Eligible Labor Costs Employee Emerg Emerg Perm Perm Reg OT Reg OT FA Labor N Y Y Y Part Time N Y Y Y Re-assigned N Y Y Y Temp Y Y Y Y Include travel and per diem (in accordance to labor policy) for employees performing eligible activities 24 October 28, 2009

Eligible Cost Equipment Performing Eligible Work all eligible usage FEMA Equipment Rates or Applicants, which ever is less http://www.fema.gov/government/grant/pa/resources.shtm Rental - Invoice Auto/Truck Mileage or Hourly Rate Other equipment Hourly Rate 25 October 28, 2009

Eligible Cost Equipment Stand-by Time Ineligible Intermittent Use - Half Day or More = Full Day - Less Than Half Day = Actual Hours (PA Guide, Page 37) 26 October 28, 2009

Eligible Cost Materials Used for eligible work Purchased or from stock Invoices, historical data or area vendor quotes 27 October 28, 2009

Eligible Contracts Contracts must be reasonable cost and generally must be competitively bid in accordance to local or state procurement laws for public contracting. Davis-Bacon Act is not a requirement on FEMA Public Assistance projects. 28 October 28, 2009

Eligible Contracts FEMA finds four methods of procurement acceptable: - Sealed bids - Competitive proposals - Non- competitive proposals (Sole Source) Can only be used when the award of a contract is infeasible (normal means) and the following apply: (1) Item is only available single source (2) An emergency exists (3) After solicitation, competition insufficient 29 October 28, 2009

Eligible Contracts Incurred for eligible work only Ineligible Contracts Cost Plus a percentage Debarred or suspended contractors - https://www.epls.gov/ 30 October 28, 2009

Projects Small Projects versus Large Projects Public Assistance projects are processed as either small or large projects. If the project cost is less than the annually updated cost threshold amount ($64,200 for FY 2009) the project is processed as a small project. If the project cost equals or exceeds the threshold the project is processed as a large project. Small Projects Federal cost share is paid upon project approval. Funding is based on an initial cost estimate. Large Projects Federal cost share is paid as work is accomplished. Final assistance is based upon actual costs or an estimate using the Cost Estimating Format. 31 October 28, 2009

Projects Project Completion Deadlines Time limits for project completion begin on the disaster declaration date. Emergency work must be completed within 6 months Permanent work must be completed within 18 months For extenuating circumstances or project requirements beyond the subgrantee s control, the Grantee may extend the emergency work deadline an additional 6 months and the permanent work deadline an additional 30 months on a project by project basis. FEMA may also extend the time limits when sufficient justification is submitted. 32 October 28, 2009

Projects Improved Projects (Small or Large) Subgrantees performing restoration work on a damaged facility may make improvements to the facility while restoring the facility to its pre-disaster condition. The improvements must be approved by the grantee prior to construction. The subgrantee is responsible for the cost of the improvements. Federal funding is limited to the cost of restoration. SCHOOL SCHOOL 33 October 28, 2009

Projects Alternate Projects (Small or Large) When restoration of a damaged facility or function does not serve the public welfare, a subgrantee may use a Public Assistance grant for another public facility. The alternate project must be approved by FEMA prior to construction. The alternate project may require an environmental review. Federal funding is limited to 90% of the federal share (75% PNP) of the original project estimate or actual alternate project cost (whichever is less). Requested within 12 months of subgrantee Kickoff meeting 34 October 28, 2009

Special Considerations Special considerations are issues other than program eligibility that could affect the scope of work and funding of a project. These issues include: Insurance Floodplain Management Hazard Mitigation Environmental Protection Historic Preservation and Cultural Resources 35 October 28, 2009

Special Considerations Insurance Actual or anticipated insurance proceeds will be deducted from the eligible project costs for facilities that are insured. All applicants are required to obtain and maintain insurance coverage on all insurable facilities, as a condition of Public Assistance funding. For flood damaged facilities located within a Special Flood Hazard Area that are not covered by flood insurance, Federal assistance will be reduced by the maximum flood insurance proceeds that would have been payable had the facility been insured. 36 October 28, 2009

Hazard Mitigation Scenario Pre-disaster Disaster damage Larger culvert with concrete wing-walls New upstream retention pond 37 October 28, 2009

Special Considerations Environmental Protection Ensure that all practical means are used to protect, restore, and enhance the environment. 38 October 28, 2009

Special Considerations Historic Preservation and Cultural Resources Property eligible for listing on the National Register of Historic Places requires special consideration under the National Historic Preservation Act. 39 October 28, 2009

HOW YOU CAN HELP! Make the Inspection Team aware of any know sensitive environmental issues when a Project is being written Don t hesitate to call the responsible agency for clarification or information Make all environmental information available Consider mitigation (Part 406) Keep good records (maintain all correspondence with regulatory agencies) 40 October 28, 2009

Public Assistance Process Beyond Declaration Applicant Briefing By Grantee Submission of Request for Public Assistance Public Assistance Coordinator and Project Officer Assigned to Applicant Kick-off Meeting Project formulation (Project Worksheets) 41 October 28, 2009

State Process Applicant Briefing Request for Public Assistance (RPA) Contract with OEM (Grantee) Receipt of Project Worksheets (PW) Payment Request Form Review PW documentation Project Completion and Certification Report (P-4) required on each project Final Inspection 42 October 28, 2009

Public Assistance Process Project Worksheet (PW) Development and Approval Local, State and FEMA personnel write up losses PW is entered into EMMIE by FEMA data entry clerk PW is reviewed by various sections FEMA PA State PA Environmental Mitigation Insurance Final FEMA PA Review PW Approved Grantee Notifies Subgrantee Subgrantee Request Payment 43 October 28, 2009

Time Limits Important Deadlines Applying for a Public Assistance Grant Applicant must submit a Request for Public Assistance within 30 days of the designation of the declared disaster area. Identifying and Formulating projects Applicant must identify damages within 60 days of the Kick-off meeting. 44 October 28, 2009

Record Keeping Accurate records of expenses must be maintained. 45 October 28, 2009

PROJECT ADMINISTRATION Documentation!!! Responsibility of the subgrantee. The Project Worksheet (PW) Identifies the worksite(s) Has a unique I.D. number Specifies eligible costs / scope of work Sets time limitations for completion Only approved work is eligible 46 October 28, 2009

WORK DOCUMENTATION IMPORTANCE OF PROPER RECORDS UTILIZE PHOTOGRAPHS & SKETCHES ANTICIPATE PROBLEMS EARLY ESTABLISH A WORKING FILE SYSTEM HAVE A PRE-DISASTER PLAN APPLICANT MAINTAINS ORIGINAL COPY EXAMPLES OF IMPORTANT ITEMS: Equipment logs & time records Invoices & check nos. for all purchases Rental equipment invoice and usage Copies of all Contracts & Bids 47 October 28, 2009

PROJECT FORMULATION TEAM FEDERAL REPRESENTATIVE STATE REPRESENTATIVE LOCAL REPRESENTATIVE 48 October 28, 2009

Project Worksheet development - Provide a brief narrative describing the eligible work performed by the applicant. - Be prepared for future audits or other financial reviews. 49 October 28, 2009

Summary Records to Assist in Organizing Project Documentation Force account labor summary record Force account equipment summary record Materials summary record Rented equipment summary record Contract work summary record 50 October 28, 2009

Jurisdiction Marion Applicant Charleston Electric Cooperative Location/Site NE Sector Electric Distribution System Description of w ork performed Name Jim Phillips Job Title Forman Name Jason Freeman Job Title Lineman Name Date OT FORCE ACCOUNT LABOR SUMMARY RECORD Dates and Hours w orked each w eek 2/2 2/9 2/16 00/00 00/00 Reg 24.00 2 2 64.00 $17.75 Paid Reg 24.00 4 32.00 000-FFF-00 00/00 00/00 37.50 48.50 12.00 OT 4 51.00 11.00 PW # Category Total Hours Reg PWS-F09 Hourly Rate 98.00 $28.40 96.00 $14.25 59.63% Page of 1 12 Disaster Number Period covering to Costs Benefit Rate % 1764 F 1/30/09-2/16/09 Restore Electric Distribution System. Note Total hours provided for week ending, refer to applicant (supporting documentation)records for daily totals Total Hourly Wage 59.63% $28.33 $1,813.40 8.65% $30.86 $3,023.95 102.00 $21.38 8.65% $23.23 Total Costs $22.75 $2,183.74 $2,369.40 $ % $ $ Job Title OT $ % $ $ Name Reg $ % $ $ Job Title OT $ % $ $ Name Reg $ % $ $ Job Title OT $ % $ $ Total Force Account Labor - Regular Time $3,997.14 Total Force Account Labor - OvertimeTime $5,393.34 Total Force Account Labor $9,390.48 I certify that the above information was obtained from payroll records, invoices, or other documents that are available for audit. Certified Title Date 51 October 28, 2009

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FORCE ACCOUNT EQUIPMENT SUMMARY RECORD Applicant Charleston Electric Coopeative Location/Site NE Sector, City of Charleston Type of Equipment Indicate size, capacity, horsepow er, make and model Equip Code # Operator's Name Date 2/2 Paid 000-FFFF-00 Dates and Hours Used each Day PW # PWS-F09 Category F Description of w ork performed Restore Electric Distribution System - note: Total horus provided for week ending, refer to applicant records for daily totals 2/9 2/16 00/00 00/00 00/00 00/00 Disaster Number 1764 Period covering to 1/30/09-2/16/09 Total Hours Costs Equip Rate Total Cost C-3500 SINGLE BUCKET TRUCK 8810 Freeman Hours 64.00 91.00 43.00 198.00 $36.90 $7,306.20 C-2500 3/4 TON 4 X 4 PICKUP 8802 Phillips Hours 21.00 49.00 24.00 94.00 $9.30 $874.20 Hours $ $ Hours $ $ Hours $ $ Hours $ $ Hours $ $ Hours $ $ Hours $ $ Hours $ $ Certified Grand Totals 292.00 $8,180.40 I certify that the above information was obtained from payroll records, invoices, or other documents that are available for audit. Title Date 53 October 28, 2009

Subgrantee Administrative costs Direct Administrative Costs are costs incurred by the grantee and subgrantee that can be identified separately and assigned to a specific project. Such costs can include staff s time to conduct an initial inspection, prepare and submit a Project Worksheet (PW), and make interim and final inspections of the project. OMB Circular No. A-87 54 October 28, 2009

Appeals Any determination related to Federal assistance may be appealed. The time limit for appeal submission is 60 days from receipt of notice of the action which is being appealed. 55 October 28, 2009

Public Assistance Grant Program Program Review 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 grantee for disbursement to the subgrantees. 56 October 28, 2009

Remember These actions will help obtain eligible funding in the shortest amount of time Submit a Request for Public Assistance within 30 days of designation Review projects for eligibility and Special Considerations Provide accurate project data to include prices and scope Work closely with you Public Assistance Coordinator Have documentation available and organized 57 October 28, 2009

Additional Resources www.fema.gov 9500 Series Polices Standard Operating Procedures Appeals PA Policy Digest FEMA 321 PA Guide FEMA 322 PA Debris Management Guide FEMA 325 Oregon Emergency Management 58 October 28, 2009

Questions? 59 October 28, 2009

Contact: Julie Slevin Oregon Emergency Management Phone (503) 378-2911 jslevin@oem.state.or.us 60 October 28, 2009