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PUBLIC ASSISTANCE APPLICANT’S BRIEFING Hurricane Irene & Tropical Storm Lee DR-4025 DR-4030 DR-4025 DR-4030.

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Presentation on theme: "PUBLIC ASSISTANCE APPLICANT’S BRIEFING Hurricane Irene & Tropical Storm Lee DR-4025 DR-4030 DR-4025 DR-4030."— Presentation transcript:

1 PUBLIC ASSISTANCE APPLICANT’S BRIEFING Hurricane Irene & Tropical Storm Lee DR-4025 DR-4030 DR-4025 DR-4030

2 THE PROCESS  Preliminary Damage Assessment  Presidential Declaration of Major Disaster  Applicant’s Briefing  Request for Public Assistance (RPA)  Kickoff Meeting  Administrative Forms  Project Formulation & The Project Worksheet  Project Worksheet Approval (FEMA & PEMA)  Project Worksheet Funding (FEMA & PEMA)  Project Completion / Final Inspection / Closeout

3 BRIEFING OBJECTIVES  Request for Public Assistance  Administration  Elements of Eligibility

4  FEMA-4025-DR-PA  DECLARED for Public Assistance: September 3, 2011  INCIDENT PERIOD: August 26-30, 2011 HURRICANE IRENE


6  FEMA-4030-DR-PA  DECLARED for Public Assistance: September 12, 2011  INCIDENT PERIOD: September 3, Ongoing, 2011 TROPICAL STORM LEE


8 “ REQUEST FOR PUBLIC ASSISTANCE ” PLEASE FILL IN NOW If you had costs in both events you need to complete a RPA for each! THESE WILL BE COLLECTED TODAY DEADLINE – November 2, 2011 November 11, 2011 RPA FEMA FORM 90-49


10 REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA  RPA = Request for Public Assistance Turn in today  DAP-1 = “Agreement for Financial Assistance” Legal Contract between the Applicant & PEMA Pages 1, 6 and Attachment G need your information Signed by the Applicant’s Agent and witnessed ORIGINAL, INKED, signed document is to be sent to PEMA Save postage, send only pages 1, 6 & Attch G to PEMA You will receive a complete copy of the fully executed document back  DAP-2 = Designation of Applicant’s Agent (Spokesperson) Appointed by “Resolution of Governing Body”

11 REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA  DUNS = Duns and Bradstreet Number Attachment G to DAP-1 Federal Requirement and click the “D&B D-U-N-S Number” link  PEPP = PA Electronic Payment Program Enrollment Form with SAP Vendor Number (Call # on form 717-346-2676)  Get these documents to PEMA. Mail or bring to Kick-off meeting and give to PEMA rep. Do not mail or give these forms to FEMA.

12 PUBLIC ASSISTANCE Provides funding to eligible applicants for Emergency Work and Permanent Restoration of damaged facilities related to this Major Disaster Federal share = 75% State share = 25% of project eligible amount


14  County and Municipal Governments  Municipal and other Authorities  School Districts  State Government Agencies  Certain Private Non Profit Organizations  PNP recreational facilities are not eligible ELIGIBLE APPLICANTS

15 ELIGIBLE PNP APPLICANTS Private Non-Profits (PNP) that provide CRITICAL SERVICES may apply directly to FEMA for both emergency and permanent work:  Fire / Emergency Services  Emergency Medical Care  Education  Power, Water, Sewer and Wastewater  Communications Systems

16 ELIGIBLE PNP APPLICANTS  Private Non-Profits (PNP) that do not provide critical services must first apply to the Small Business Administration (SBA) for a disaster loan for permanent work before applying to FEMA  SBA = 800-659-2955 ▪ Museums▪ Community Centers ▪ Educational Institutions ▪ Libraries▪ Homeless Shelters ▪ Rehabilitation Facilities ▪ Zoos▪ Shelter Workshops ▪ Senior Citizen/Daycare Centers ▪ Other PNP providing health and safety services of a governmental nature  However, they may apply directly to FEMA for emergency work

17 ELIGIBLE FACILITY  Any publicly or PNP-owned building, works, system or equipment  Certain improved and maintained natural features  Must be located in a declared county and be the legal responsibility of an eligible applicant  Damaged as a result of this disaster event during the period August 26 thru 30, 2011

18 ELIGIBLE WORK  EMERGENCY WORK In the public interest to reduce or eliminate a threat to life, to protect health and safety, and to protect improved property Debris Removal Emergency Protective Measures (Police/Fire/EMS/Public Works) 6 Months to Complete - March 3/12, 2012  PERMANENT WORK Restore disaster damaged facility to pre-disaster design,capacity or function Roads & Bridges, etc. Water Control Facilities & Water/Sewer Buildings and Equipment Utilities Parks, recreational Facilities and Other 18 months to Complete – March 3/12, 2013

19 ELIGIBLE COSTS Costs that can be directly tied to the performance of eligible work Costs must be reasonable and compliant with Federal, State and Local procurement and permitting requirements

20 ELIGIBLE COSTS - FORCE ACCOUNT  Labor & Fringe Benefits Emergency Work Permanent Employees - Overtime Only Temporary Employees - All time Permanent Work - All time Document all fringe benefits using DAP-16  Equipment Applicant Owned - use FEMA EQUIPMENT RATES (link on PEMA web site) unless your cost is lower Rental - at reasonable rental rate  Materials - at applicant’s net cost  Contracts - reasonable cost

21 DIRECT ADMINISTRATIVE COSTS Document any required administrative staff time in the office or at work site(s) Written to individual project worksheets Material, Equipment and Supplies Staff time on PW preparation and writing Staff time supervising project work and Staff time for final inspection Travel expenses Different than Engineering Costs PEMA/FEMA will discuss with you

22  Reasonable and necessary for your approved project’s scope of work  Follow all federal, state, and local contracting and procurement laws - handout in packet  Contracting & procurement is the applicant’s responsibility  No “cost plus” or contingency contracts  Davis-Bacon DOES NOT apply - any state rate requirements do apply ELIGIBLE COSTS - CONTRACTS

23 ELIGIBLE COSTS - ENGINEERING  Directly associated with the actual work  Improvements from “My Professional Opinion” are not eligible unless backed by a eligible code & standard with FEMA approval in writing  ASK – do not ASSUME  Have your engineering firm separately document their engineering costs based on: Design and Specifications Construction Supervision Final Inspection


25 ELIGIBLE WORK Work required to return the facility to its pre-disaster condition and use  Emergency Road Work- What did you do to get the road open, travelable and safe?  Is what you did how you do normal repairs or a quick fix?  Permanent Road Work – What work is required to return the road “system” to its pre-disaster condition…i.e. Base, Sub-base, Topping.  What can we do to minimize future damages?

26 PROJECT WORKSHEET  Description of Damages & Dimensions  Scope of Work – completed work and work to be completed  Assigns Eligible Costs to your Eligible Work (is basis of grant)  Applicant assists the FEMA Project Specialist prepare PWs  It is your responsibility to ensure PWs are written to cover all your damages  Location & description of damage (Make a list and check it twice – tell FEMA at Kick-off and Exit Meetings)  Special Considerations issues that may add eligible costs  Hazard Mitigation for the project  Insurance  Exit Interview–Exit Checklist (FEMA requirement for you to sign- off on so make sure PWs were written for all damages)  Your Copy is a Draft  Changes to PW may occur during FEMA QA/QC and State review  Final approved copy will be mailed

27 SCOPE OF WORK PW Scope of Work is “Gospel”  Use it to guide your bid specs  Any changes for any reason: Need to be submitted in writing to PEMA Approved in writing by FEMA If not approved by FEMA, you may not receive your submitted reimbursement  VERBAL agreements are NOT valid  Unapproved changes, made by your engineer, will not be eligible for funding

28 INELIGIBLE WORK THAT WILL NOT BE REIMBURSED  Any Additional, unapproved work  The extra cost to replace a one lane bridge with a two lane bridge (probably ineligible)  Improvements not required by codes and standards  Private nonprofit recreational facilities  Damage caused by negligence  Pre-existing damage or deferred maintenance  Engineering for damage assessment

29 SMALL & LARGE PROJECTS For this disaster:  A “Small Project” is < $63,900  A “Large Project” is > $63,900

30 SMALL PROJECTS The minimum project amount is $1,000  Federal share is paid on project approval  Document your actual work and costs for each project  State Final Inspection & Program Review of all small projects if overrun claimed  State Share paid when all small projects are completed

31 LARGE PROJECTS  Funds may be released as costs are incurred - Applicant submits DAP-9 w/invoices to PEMA - Minimum of $10,000 requested  Maximum draw = 75% of eligible PW amount  Quarterly Progress Status Reports required  Final Inspection & Program Review by FEMA  Final reimbursement = actual eligible cost

32 PROJECT FUNDING  Approved funds are electronically transferred to your account  Any interest over $100 annually must be reported and returned to FEMA

33 OTHER TYPES OF PROJECTS  FEMA PRIOR WRITTEN APPROVAL IS REQUIRED  Improved Project Restored original function but you want to make it bigger or better than pre-disaster Funding is limited to original approved PW amount Example: Small bridge to large bridge  Alternate Project Function not restored - use the funding for another purpose Fed Share reduced to 67.50% and State share based on the new approved amount PNP’s Federal Share is 56.25% Prior Environmental & Historic reviews must be completed Submit for approval ASAP Examples: Abandon the old destroyed bridge and buy a new tractor, police car or roof on municipal building

34 DEBRIS REMOVAL  Monitored  Must have known quantities  Known locations Where it came from – eligibility issue Where it was taken  Permits  Consult “Debris Fact Sheet”

35 STREAM DEBRIS  Emergency debris removal required to eliminate the immediate threat to life or improved property  Each site should be evaluated independently and decisions made based on surrounding conditions and impacting factors  Gravel bars, stream bank restoration and re-channelization of channels in natural areas are generally not eligible; unless there is an immediate threat to improved public or private property

36 WOODY DEBRIS Hazardous Trees, Limbs, and Stumps  FEMA will validate that the applicants actually performed the work  Clear documentation of an immediate threat posed to public right of way areas or improved property and the scope of work required to remove the immediate threat  Before, during and after photographs of hazards  GPS coordinates of each tree or stump and nearest street address establishing location  Hazardous trees must be six inches or greater in diameter  Hazardous limbs must be greater than two inches in diameter  Hazardous stumps must be greater than 24 inches in diameter  Hazardous stumps: document the quantity of material required to fill the resultant hole NOTE: This documentation is not required during the emergency debris clearance phase when crews are clearing roads and providing access to critical facilities.

37 SPECIAL CONSIDERATIONS  Environmental (NEPA)  Historic  Floodplain  Wetlands, Endangered Species  Hazardous Materials  Hazard Mitigation at damaged site  Insurance  Codes & Standards

38 ENVIRONMENTAL & HISTORICAL Endangered Species Act (ESA), 1973

39 MITIGATION IN PUBLIC ASSISTANCE PROJECT  Particularly repetitively damaged sites  Reduce or eliminate future damages at a disaster damaged facility  Must be cost effective  If FEMA approves, cost is eligible for PA funding  Can be up to 15% of project cost except for specified pre-approved 100% list  Discuss your concerns/ideas at kick-off meeting Here’s your chance to really fix the problem!

40 MITIGATION IN PUBLIC ASSISTANCE PROJECT Examples of mitigation: Upsizing repetitively damaged pipe one-size One-way valves or drains stoppers Raising utilities Constructing berms Larger rip-rap

41 INSURANCE  All Insurance payments must be deducted from eligible costs  The deductible is an eligible cost  FEMA will pay for eligible work not covered by insurance  Provide PEMA with a copy of the policy declaration page plus the claim and response from the insurance carrier

42 INSURANCE  If caused by flood, an insurable structure in the floodplain will be treated as if fully insured under NFIP – FEMA will deduct maximum NFIP proceed available from eligible project amount  If eligible cost is over $5,000, insurance for peril causing damage is required before payment  If you contest the floodplain, you must submit in writing as a map revision

43 CODES & STANDARDS ALL 5 BELOW MUST BE MET  Apply to the type of repair or restoration  Be appropriate to the pre-disaster use of the facility  Be reasonable, written, and formally adopted before the declaration date  Apply uniformly to all similar types of facilities throughout the jurisdiction  Have been enforced since enactment

44 COST OVERRUNS Contact PEMA when you find that your project costs are going to be more than 10% over the PW approved amount Example: PW is approved for $100,000 Lowest bid comes in at $110,000

45 GRANT CLOSE-OUT Send the PEMA DAP-12 form to PEMA NLT 60 days after all of your work is completed  Reports actual cost for eligible work  Certifies work is complete & all costs paid  Requests final inspection & program review for: All Small Projects - submitted on one report All Small Project with a cost overrun - on one report Large Project - submitted individually  Required Disbursement/Reimbursement of Funds

46 OTHER THINGS  Appeals - 60 days from notice of action for appeal Send to PEMA with compelling details 1 st Appeal - to FEMA R3 Regional Administrator 2 nd Appeal - to FEMA HQ Associate Director  Codes and Standards - must be approved and in effect before disaster is declared  PEMA-Bureau of Recovery and Mitigation- Public Assistance Division is your primary contact for questions or issues

47 REMEMBER  Only paid for damages caused by this disaster plus mitigation and eligible codes & standards  Written approval necessary for any changes  FEMA must deduct insurance and any payments from other sources  PWs completed timely = money to you quickly  Keep records for all work and costs separately for each project worksheet (PW) – makes closeout much easier for all concerned

48 REQUIRED FORMS  RPA  DAP-1 = “Agreement for Financial Assistance” Legal Contract between the Applicant & PEMA Signed by the Applicant’s Agent You will receive no funding until a properly executed, original, inked version is received by PEMA  DUNS NUMBER (Attachment G to DAP-1)  PEPP = PA Electronic Payment Program Form with SAP Vendor Number  Get these documents to PEMA

49 BRING TO KICK-OFF MEETING  Records of all work and costs to date & estimates for incomplete or future work  Location, description, and dimensions of all emergency work and damaged facilities  Manager, Financial and Public Works staff may attend – who has the information and who will be doing the paperwork?  30 days from meeting, you must have reported ALL incident related damages

50 TIME LINE  30 days from declaration (10/3/11) (Extended) - submit RPA  30 days from kick-off (10/xx/11) - report ALL disaster related damages  6 months from declaration (3/3/12) - all emergency work (Categories A-B) completed  18 months from declaration (3/3/13) - all permanent work (Categories C-G) completed

51 DOCUMENTS REQUIRING APPLICANT AGENT SIGNATURE PEMA Forms DAP-1Original signatures required ! DAP-2 DAP-9 DAP-11 DAP-12 Note: Applicant Agent signature CANNOT be delegated – they must sign

52 MORE INFORMATION  PEMA Public Assistance 2605 Interstate Drive, Harrisburg, PA 17110 Phone: 800-635-9692 Email: Chris Evans at Website: Latest Disaster Update Information Forms Library Link - Forms or Pamphlets Applicant Handbook  FEMA Website: http://www.fema.gov

53 Questions

54 LAST ITEMS Please do not leave before signing up for a Kick-off Meeting at the back table

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