FEMA DISASTER REIMBURSEMENT PROCESS GO IN, STAY IN, TUNE IN

Incident Period January 22-24,2016 FEMA-4264-DR-NJ Snow Storm Declaration Date March 14, 2016 Incident Period January 22-24,2016

New Jersey Presidentially Declared Disasters DR1530 July 2004 Heavy Rains Burlington DR 1653 June 2006 Rains Flooding Hunterdon, Mercer, Warren and Sussex DR1694 April 2007 Spring Nor’Easter Rain and Coastal Flooding 14 Counties DR1867 Nov 2009 Nor ‘Easter TS IDA Coastal Flooding Atlantic, Cape May, Ocean DR 1873 Dec 2009 Winter Snow Storm 7 Southern Counties

New Jersey Presidentially Declared Disasters DR 1889 Feb 2010 Winter Snow Storm 7 Southern Counties DR 1897 Mar 2010 Rain and Flooding 13 Counties DR 1954 Dec 2010 Winter Snow Storm 13 Counties DR 4021 Aug 2011 Hurricane Irene All 21 Counties DR 4033 Aug 2011 Rain and Flooding Gloucester, Salem and Cumberland Counties. DR 4039 Sept 2011 Trop Storm Lee 5 Counties DR 4048 Oct 2011 Rain and Flooding 8 Counties DR 4070 June 2012 Derecho Atlantic, Cumberland and Salem.

New Jersey Presidentially Declared Disasters DR 4086 Oct 2012 Super Storm Sandy All 21 Counties

Presidential Declaration of a Disaster Allows for FEMA reimbursement funds There is PA and IA (Public Assistance and Individual Assistance) available. Counties conduct a preliminary damage assessment and forward to Governor. County needs to make sure they are included if they meet the threshold. Mercer Example: 1.2 Million based on population to qualify to be included in Governors Request

Presidential Declaration of a Disaster Governor makes application to President President Declares and is tailored to situation. PA and IA or just PA or just IA. If IA is declared, a Disaster Recovery Center is established in your jurisdiction and operated by FEMA for individuals. County agencies and non profits will be asked to have a presence within the DRC.

What is Public Assistance? Supplemental financial assistance to state, local governments, and certain non-profit organizations for response and recovery activities required as a result of a disaster

The Public Assistance Process Disaster Event Funding State Declaration Applicant Validation PDA of Projects Applicant's This slide outlines the multi-step funding process under the Public Assistance Program. The disaster event triggers the declaration process which for some applicants may or may not include a Preliminary Damage Assessment (PDA). All potential applicants will attend an Applicant’s Briefing. Applicants will submit the Request for Public Assistance which is available at the applicant’s briefing and through electronic means such as the Internet, to officially apply for funding. Each Applicant will be assigned to a Public Assistance Coordinator (PAC) and the PAC will hold a Kickoff Meeting with the applicant to begin the process of documenting disaster recovery projects. The PAC will assist the applicant in completing Project Worksheets for all projects. Project Worksheets will be approved after validation. The funding will be made available to the State. The State then disburses the funding to the applicant according to State regulations. FEMA’s goal is to provide the funding as efficiently and expeditiously as possible to allow a quick recovery of communities affected by disaster or emergency events. Briefing Complete Submission Project of Worksheets Kickoff Request Meeting

Deadlines for Submission Request for Public Assistance Form 90-49 30 days after declaration for submission. One page form. Only one needed per county or municipality to cover all agencies within. Certain Private and Non Profits Must Submit Their Own Request Form.

Eligible Applicants State Agencies County Government City Government Certain Private Nonprofit Organizations Native American Tribes or Tribal Organizations

Private Non-Profit Requirements Completed RPA Package DUNS Number By-Laws Tax Exempt Letter, 501(c), (d), or (e) IRS designation PNP’s go through an eligibility evaluation. This evaluation can not be conducted until all of the above is submitted.

Private Non-Profit Entities Critical Fire/EMS Hospitals Utility- Power, Water, Sewer, WWTP Communications Educational Institutions

Private Non-Profit Entities Non-Critical Senior Citizen Day Centers Daycare Centers Homeless Shelters Shelter workshops Libraries Rehabilitation Facilities Community Centers

Facility Eligibility Requirements Damage as result of the event Located within declared county Legal responsibility of eligible Applicant In active use at the time of the disaster Not under authority of another federal agency (ex. US Army Corp. of Engineer Water Treatment Facilities, FHWA Roads)

From the date of declaration: Deadlines for Completion From the date of declaration: March 14, 2016 Emergency work - 6 months (+ 6 months by NJOEM) Permanent work - 18 months (+ 30 months by NJOEM) MUST COMPLETE PHYSICAL AND DIRECT ADMINISTRATIVE WORK Further extensions require approval by FEMA

Time Extensions Extenuating circumstances must be demonstrated. FEMA generally considers the following as extenuating: Permitting or EHP compliance related delays due to other agencies involved Environmental limitations (such as short construction window) Inclement weather (site access prohibited or adverse impact on construction) FEMA generally does not consider the following as extenuating: Permitting or environmental delays due to Applicant delays in requesting permits Lack of funding Change in administration or cost accounting system Compilation of cost documentation

Category B - Emergency Protective Measures 6 Month Completion Deadline Emergency Work Category A - Debris Removal Clearance, Removal, Storage, Disposal Category B - Emergency Protective Measures Access, protection, emergency services, eliminate hazards, support, highways and community needs Snow removal if eligible for snow assistance 6 Month Completion Deadline September 14, 2016 MUST COMPLETE PHYSICAL AND DIRECT ADMINISTRATIVE WORK

Snow Assistance – Cat B Snow-related activities are eligible for a continuous 48-hour period to address the most critical emergency needs. Each Applicant designates the beginning of its 48-hour period. However, all agencies, departments, or branches of a local government must use the same 48-hour period. Eligible work includes: Snow-related activities (for limited time as discussed above): Snow removal Snow dumps De-icing Salting Sanding of roads and other eligible facilities

18 Month Completion Deadline: Permanent Work Category C - Road and Bridge Systems Category D - Water Control Facilities Category E - Public Buildings/Equipment Category F - Public Utilities Category G - Other-Parks, Recreation 18 Month Completion Deadline: September 14, 2017 MUST COMPLETE PHYSICAL AND DIRECT ADMINISTRATIVE WORK

Special Considerations Insurance Proceeds (actual or anticipated) deducted from eligible project costs FEMA requires applicants to obtain and maintain insurance for future disaster damage. Mercer Example Damage Costs Submitted Will Limit to $25,000 deductible. 75% would be $18,750.00 Save the paperwork and audit items?

Special Considerations Floodplain Insurance Requirements If facility does not have NFIP Insurance, Project Worksheet (PW) will be reduced by amount that would have been covered by NFIP

Special Considerations Special Flood Hazard Areas Flood Hazard Area- Projects within or affecting floodplain MUST be reviewed to ensure that it meets requirements of the Executive Orders on Floodplain Management and Protection of Wetlands Coastal High Hazard Areas – Coastal High Hazard areas and areas covered by the Coastal Barrier Resources Act require Special Considerations review

Special Considerations Hazard Mitigation Cost effective measures that reduce the potential for damages to a facility from a future event Only Permanent Work is eligible for Hazard Mitigation. Does your county have a FEMA approved Hazard Mitigation Plan? Are the municipalities included?

Hazard Mitigation Scenario Pre-disaster Disaster damage 406 Section 404 Larger culvert with concrete wing-walls New upstream retention pond

Special Considerations Historic Preservation Listing on the National/State Register of Historic Places Buildings, landscapes, archaeological sites, or even bridges and water treatment plants Not necessarily 50 years old but important to local, state, or national history Requires special consideration under the National Historic Preservation Act

COST Reasonable and Necessary Complies with federal, state and local laws & regulations Insurance proceeds and purchase discounts must be deducted

Equipment Perform eligible work Auto/Truck – mileage or hourly rate Other equipment - hourly rate Stand-by time ineligible (conditional) Intermittent Use Half day or more = full day Less than half day = actual hours

Equipment Rates FEMA rates are used for determining project costs (estimating & comparing) Some counties have developed spreadsheets to enter and calculate manpower and equipment costs.

Also travel and per diem for employees performing eligible activities Labor Force Account Labor includes Fringe Benefits Emergency Work Permanent employees OT eligible Temporary employees regular and OT eligible Permanent Work All regular and OT labor eligible Also travel and per diem for employees performing eligible activities

Donations credit capped at non- federal share of emergency work Donated Resources A credit can be applied towards the local cost share for both Volunteer Labor and Donated Equipment Volunteer Labor: Rate is the same as either paid employees within an applicant’s organization or, if none, similar work done by a local paid organization. Value of Volunteer Labor = (Determined Labor Rate) * (Number of Volunteer Hours) Donated Equipment: Rate is determined by local rates (if established) or FEMA equipment rate. Value of Donated Resources = (Determined Equipment Rate) * (Number of Equipment Hours) Donations credit capped at non- federal share of emergency work

Procurement Must comply with ALL federal, state, and local procurement requirements State and Territorial government Applicants must follow the same policies and procedures they would use for procurements with non-Federal funds; comply with 2 CFR § 200.322 Non-State Applicants (Tribal and local governments and PNPs) must use their own documented procurement procedures DHS OIG Audits are paying particular attention to ensuring Minority and Women Owned Businesses are sought during bid process Declaring an State of Emergency solely to suspend procurement procedures is a red flag for any audit.

Materials Purchased or stock Used for eligible work Need invoices, historical data or area vendor quotes

Contracts All contracts incurred for eligible work are reviewed by FEMA-State teams; includes rental equipment Prefer competitively bid with fixed-procurement procedures.

Contracts Lump sum contracts are acceptable Easy to monitor when the scope of work is well defined Requires minimum labor for monitoring Quantities do not have to be documented Time and material contracts are acceptable BUT Should only be used for emergency “hot spots” (early debris rights-of-way clearance) MUST have a cap MUST be monitored Accepted for 70 hours of work

Ineligible Contracts Cost-plus percentage of cost “Contingent upon FEMA reimbursement” Contract with a debarred contractor

Project Worksheet The PW Requires: Damage description and location list with actual or estimated costs A comprehensive scope of work necessary to repair disaster damage. (all considerations should be looked at before finalizing estimate)

What info is needed for a PW? List of Damages Procurement Policies Labor Management Contracts Maps Photos List of paid staff, regular and OT hours – dates and times Fringe Benefits info List of equipment used, hours of operation – dates and times, miles driven, other records List of materials and supplies used Copies of any contracts used for this event Applicable codes and standards Hazard Mitigation Proposals

What FEMA forms are used to submit the previous information for a Project Worksheet? NONE!

FEMA sends in a team of Disaster Assistance Employees to temporarily work fulltime in your county assisting county and municipalities with project worksheets. Warning! They may accept your documentation but they are not the final approval. Many costs submitted through them as qualify later get rejected.

is the FY 16 threshold amount Small or Large Project??? SMALL LARGE $121,800 Annually updated, $121,800 is the FY 16 threshold amount

Small Projects *Minimum PW cost is $3,050! Written for Estimate or Actual cost Paid upon Project Worksheet approval *Minimum PW cost is $3,050!

Quarterly Report Requirement Large Projects Paid based on % completed (partial payments) Sandy Money distributed based on estimates initially. Final payment Based on actual documented approved costs Quarterly Report Requirement Update of work completed due to NJOEM every quarter for life of project **Failure to comply may impact reimbursement

Improved Projects MUST be identified to State BEFORE of starting work MUST be approved by the State/FEMA prior to construction Improvements are features that increase the size, capacity, or add additional functions (codes/standards are not improvements) Funds limited to Federal share of estimated costs for facility restoration Entire project reviewed for Special Considerations, not just FEMA funded portions 406 Mitigation is eligible only to the original facility

Alternate Projects Requested when applicant does not want to use federal funds to restore a facility but do alternate project Requires pre-approval by FEMA Reduced 90% of approved 75% federal cost share Original Facility must be rendered safe and secure All parts of alternate project reviewed for Special Considerations

Funding Federal Share 75 % Non-Federal Share 25 % FEMA Reimburses 75% of eligible costs. 25% is locally responsible. In some past declarations for New Jersey, the state provided reimbursement of the 25% but not in recent history.

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

Funds are Lost if Applicant’s Don’t Ask questions Obtain FEMA pre-approval to change scope of work Obtain required permits Follow contract/procurement procedures Follow the Scope of Work in the PW Ensure administrative continuity Keep complete, clear and accurate records Meet PA program deadlines

Snowstorm Reimbursement is still Ongoing and Being Reviewed and Paid

Additional Resources NJOEM Website (www.NJEMGrants.org) FEMA’s Website (www.fema.gov) FEMA PA Program and Policy Guide http://www.fema.gov/media- library/assets/documents/111781

Thank You You are encouraged to please contact your county or municipal Emergency Management Coordinator for further information.