TENNESSEE EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE TENNESSEE EMERGENCY MANAGEMENT AGENCY

PUBLIC ASSISTANCE Supplemental Federal assistance provided under the Stafford Act for the repair, replacement or restoration of disaster damaged facilities. Eligible Applicants: State Agencies Local Governments Certain Private Non-Profit Organizations Indian Tribes and Alaskan Native Villages

THRESHOLDS Revised annually on October 1st STATE $1.29 per capita loss ($7.5 million) COUNTY $3.23 per capita loss Always report your damage estimates. Your initial estimates contribute to meeting the overall state threshold.

Large Project Threshold Small projects < $63,200 Large projects =/> $63,200 Have separate procedures for payments and closeout. Large projects require Quarterly Progress Reports

OVERVIEW FLOW OF EVENTS DEFINITIONS CATEGORIES OF ASSISTANCE PROJECT ADMINISTRATION FUNDING DOCUMENTATION PAYMENTS CLOSEOUT

DECLARATION FLOW OF EVENTS Disaster Occurs Local/State Response Joint Damage Assessment FEMA National Recommendation FEMA Regional Recommendation Governor’s Request White House Concurs Major Disaster Declaration

DEFINITIONS

INCIDENT PERIOD Begins at the start of an event which causes damage and hardship to the disaster area and will last as long as necessary to include all damages from the event. Established by FEMA after consultation with the Governor’s Authorized Representative (GAR)

Disaster # FEMA-1909-DR-TN INCIDENT PERIOD Disaster # FEMA-1909-DR-TN April 30, 2010 – May 18, 2010

ELIGIBLE WORK Work or Expense Must Be: result of a declared event legal responsibility of applicant located in the declared area Damaged Facility: must have been in active use at time of the disaster must not be eligible for assistance from another federal program

Private Non-Profits A Private Non-Profit (PNP) Facility must be the responsibility of an eligible PNP applicant and provide an essential governmental service. Determination as eligible PNP applicant is based on review of Charter; By-Laws; Tax Exemption Status {501(c) (3)}; source of funding; etc. FEMA DAP 9521.3 Private Non-profit (PNP) Facility Eligibility

Types of essential governmental services are: Private Non-Profits Types of essential governmental services are: Zoos Community Centers Libraries Homeless Shelters Rehabilitation Facilities Senior Citizen Centers Shelter Workshops Health and Safety Services of Governmental Nature Educational Medical Custodial Care Emergency Utility Certain Irrigation Facilities Museums Performing Arts Facilities Community Arts Centers FEMA DAP 9521.3 Private Non-profit (PNP) Facility Eligibility

Critical Private Non-Profits A PNP that provides critical services may apply directly to FEMA for disaster assistance in all categories (A-G) of work. Power Water Sewer and Wastewater Communications Education Emergency Medical Care Fire Protection/Emergency

Non-critical Private Non-profits Non-critical PNPs may apply directly to FEMA for disaster assistance for emergency work (A & B) For permanent work (C-G), they must first apply for a loan from the Small Business Administration (SBA) If they are declined for a loan or if the loan does not fully cover eligible damages, they may apply to FEMA for the remainder of the damages

CATEGORIES OF ASSISTANCE

TYPES CATEGORIES Emergency Work A - Debris Removal B – Protective Measures Permanent Work C - Road Systems D - Water Control E - Buildings/ Equipment F - Public Utilities G - Recreational/ Other

CATEGORY A DEBRIS REMOVAL ELIGIBLE DEBRIS REMOVAL MUST BE IN THE PUBLIC INTEREST TO: Eliminate immediate threat to life, health & safety Eliminate significant damage to improved public or private property if cost-effective Ensure economic recovery of the community to the benefit of the community-at-large

CATEGORY A DEBRIS REMOVAL Removal of Debris and Wreckage on public and, in very limited cases, private property Demolition of unsafe structures Cleanout of Reservoirs, Catch basins, and Drainage channels - foreign material - predisaster maintenance records - environmental considerations IN ALL CASES, DEBRIS REMOVAL MUST BE THE LEGAL RESPONSIBILITY OF AN ELIGIBLE APPLICANT FEMA DAP 9523.13 Debris Removal from Private Property Public Assistance Debris Management Guide, FEMA 325 Debris Operations – Clarification, FEMA Fact Sheet 9580.4 Numerous additional Debris Eligibility Guidance available at: http://www.fema.gov/government/grant/pa/policy.shtm

CATEGORY B EMERGENCY PROTECTIVE MEASURES Search & Rescue Warning - barricades - signs Security Sheltering Remove/ Reduce Immediate Threats - pumping - levees - vector control - beach and shore protective facilities

CATEGORY B EMERGENCY PROTECTIVE MEASURES Vector Control measures may be eligible for assistance in the disaster area as emergency protective measures when there is a serious health hazard. Written request of State or local public health official Verification of the threat by Federal CDC or State and local health agencies in accordance with established ordinances Eligible costs are calculated by comparing disaster-related costs to the most recent 3 non-disaster years of expenses for the same period FEMA DAP 9523.10 Eligibility of Vector Control (Mosquito Abatement)

CATEGORY B EMERGENCY PROTECTIVE MEASURES Mold remediation may be eligible under the Public Assistance Program, either as an emergency protective measure in the immediate aftermath of a disaster, or as part of the permanent repair of eligible facilities. Mold Remediation, FEMA Fact Sheet 9580.100

CATEGORY C ROAD SYSTEMS ROADS 1. Temporary repairs - detours - bypasses 2. Permanent repairs - road base - surface - shoulders - ditches BRIDGES - decking - abutments - wingwalls - approaches DRAINAGE STRUCTURES ON R-O-W - culverts - cross drains

CATEGORY D WATER CONTROL FACILITIES Facilities built for certain purposes including: Flood Control Land Reclamation Erosion Prevention Irrigation others as stated in Public Assistance Guide, FEMA 322 Eligible facilities include: Dams & Reservoirs Levees Drainage Channels Canals Aqueducts Pumping Facilities For drainage ditches, there must be proof of prior maintenance. FEMA DAP 9524.3 Policy for Rehabilitation Assistance for Levees and Other Flood Control Works

CATEGORY E PUBLIC BUILDINGS/EQUIPMENT BUILDINGS (including contents and systems) codes/standards EQUIPMENT VEHICLES SUPPLIES Insurance and Salvage Value must be deducted from eligible cost The equipment damaged by the disaster not responding to the disaster. I will talk more about insurance later as there are special requirements. Historical Buildings-> 50 years old

CATEGORY F UTILITIES Public Owned/PNP - water treatment and delivery systems - sewage collection and treatment facilities - power generation and distribution - communications

CATEGORY G RECREATIONAL/OTHER PLAYGROUNDS SWIMMING POOLS PARKS CEMETERIES MASS TRANSIT FACILITIES

PERMANENT WORK CATEGORIES C-G Permanent Relocation cost effective eligibility includes roads, utilities, land acquisition, engineering FEMA DAP 9580.102 Permanent Relocation Temporary Relocation of Essential Community Services subject to cost comparisons of alternate methods of providing services FEMA DAP 9523.3 Provision of Temporary Relocation Facilities Repair / Replacement damages <50% of pre-disaster value current codes/standards apply consider 406 Mitigation FEMA DAP 9524.4 Eligibility of Facilities for Replacement

PROJECT ADMINISTRATION

TIME LIMITS for Completion of Work Emergency Work (A, B) 6 Months October 2010 Permanent Work (C – G) 18 Months October 2011

Direct Administrative Cost Direct administrative costs include costs that can be tracked, charged, and accounted for directly to a specific project, such as staff time to complete field inspection and preparation of a PW. Direct costs are limited to actual reasonable costs incurred for a specific project. Such costs will be considered project costs FEMA DAP 9525.9

TIME EXTENSIONS The State may extend deadline as follows: Cat A & B - Up to six months Cat C – G - Up to thirty months Time Extension MUST be requested prior to project deadline. FEMA may increase these extensions on a case by case basis Letter stating justification for additional extension must be submitted to TEMA TEMA forwards request to FEMA Regional Administrator

PROJECT ADMINISTRATION SCOPE OF WORK - DETAILED DESCRIPTION OF REPAIR/REPLACEMENT - CHANGES TO SCOPE MUST have prior approval from FEMA QUARTERLY PROGRESS REPORTS - ALL LARGE PROJECTS

CONTRACTED WORK CONTRACTS - Ensure: reasonable cost competitive bidding comply with local procurement standards OMB Circular Part 13 & A87 compliance - Avoid: debarred contractors cost plus a percent of cost, time & material contracts, contingency contracts

ENGINEERING & DESIGN COSTS SPECIAL SERVICES 1. Approved on a case- by-case basis by FEMA 2. Services include: a. feasibility studies b. soil tests c. surveys d. resident engineer BASIC SERVICES 1. Preliminary Analysis 2. Preliminary Design 3. Final Design 4. Inspections a. bids b. contracts c. site visits CLAIMS 1. Estimated by cost curve 2. Paid on basis of actual reasonable cost Public Assistance Guide, FEMA 322, Pages 41, 56-61

FUNDING $1,000 MINIMUM PER SITE Federal Share : 75% of Eligible Cost FUNDING OPTIONS - Improved Projects – Improvements at applicant’s expense - Alternate Project – 10% reduction government entities 25% reduction for PNPs MUST be approved by State and/or FEMA BEFORE work begins $1000 minimum per site: These sites should be shown to the inspection team and documentation should be kept in case it does cost over $1000 to complete because we can get it added at a later date if necessary.

SPECIAL CONSIDERATIONS ENVIRONMENTAL REQUIREMENTS HISTORIC PRESERVATIONS SPECIAL FLOOD HAZARD AREAS INSURANCE REQUIREMENTS

INSURANCE Actual or anticipated insurance proceeds will be deducted from the eligible 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. Additional specific requirements will be applied to all flood damaged facilities located within the Special Flood Hazard Area.

DOCUMENTATION

Project Documentation File documentation of cost specific to each project separately Obligated Project Worksheet will be mailed to Applicant’s Agent Compare “Field Copy” of Project Worksheet to Obligated Project Worksheet mailed by TEMA Changes may have been made during the review process Scope of Work Mitigation Proposal (cost effective?) Historical or Environmental Anticipated Insurance Proceeds

Force Account Work LABOR Emergency Work - Categories A-B permanent employees must document regular and overtime, but only overtime and overtime fringe benefits are eligible extra hires are eligible for regular and overtime Permanent Work - Categories C – G both regular and overtime hours and fringe benefits are eligible Pre-disaster written payroll policy used in determining eligibility Time sheet extracts, daily logs, etc. may be required for back-up documentation

SCHEDULE OF EQUIPMENT RATES Force Account Work EQUIPMENT USAGE all usage time is eligible standby and idle time are not eligible if intermittent use exceeds more than half of the regularly scheduled working hours for a day, use for the entire day may be claimed SCHEDULE OF EQUIPMENT RATES http://www.fema.gov/xls/government/grant/pa/eqsch20080710.xls MATERIALS / SUPPLIES

Documentation of Contract Work BID ADVERTISEMENT BID SUMMARY CONTRACT INVOICES APPROVED CHANGE ORDERS (notify State as required)

Donated Resources Volunteer Labor document names, type of work performed, date and hours work was performed Volunteer Equipment Usage document name, hours of usage; based on Equipment Rates Donated materials valued at current commercial rate

PAYMENT$

SMALL PROJECT PAYMENTS Automatic payment of 75% of federal share as soon as contract is executed Payment letter sent to applicant, TEMA Regional and local EMA directors

LARGE PROJECT PAYMENTS There is no automatic payment on large projects Applicant may submit partial payment request: for the portion of work that is completed Must be documented Payment of 75% of applicant’s request (not to exceed funds obligated) Multiple payment requests may be made on extended projects

SPECIAL ISSUES REQUIRING FEMA APPROVAL APPLICANT MUST REQUEST/NOTIFY TEMA Any Change to Scope of Work Overruns Small project can become a large project Notify TEMA if it is a large overrun; TEMA notifies FEMA Program Manager Possible interim inspection and PW Version Time Extensions Must be approved before time limit expires FEMA will NOT pay for work after time limit expires unless a time extension has not been approved

SPECIAL ISSUES REQUIRING FEMA APPROVAL Improved Projects Must be approved by the State before work begins FEMA could disallow entire project if not approved in advance Alternate Projects Must be approved by FEMA Regional Director before work begins Supplement PW for 10% or 25% deduction Must be submitted within 1 year of PW approval TEMA SHOULD ALSO BE NOTIFIED OF ANY PROBLEMS AS SOON AS AN ISSUE ARISES

CLOSEOUT

WHEN ALL WORK IS COMPLETED… Send letter to TEMA, Attn: Doug Worden, stating all work is completed and ready for final inspection Small projects TDOT will inspect actual sites for completion of scope of work. TDOT will notify TEMA by letter that projects have been completed according to the Scope of Work Large Projects – all or individually FEMA will inspect documentation for actual cost and write PW version based on findings FEMA obligates/de-obligates funds accordingly TEMA amends contract

RECORD RETENTION Records must be kept for three years from date of official close letter FEMA and/or the State may audit anytime within that three year period

SPECIAL ISSUES Facilities Under Construction State-Local Operations JFO Operations: FEMA/State/Local Post JFO: All issues addressed directly with TEMA PA Staff Appeals – Must be filed with the State within 60 days of notice of action that is being appealed Facilities Under Construction Obligation of the Contractor is considered Insurance applied Repair to pre-disaster construction level based on progress reports

MUST BE SUBMITTED TO TEMA PUBLIC ASSISTANCE INITIAL REQUIREMENTS MUST BE SUBMITTED TO TEMA PUBLIC ASSISTANCE Request for Public Assistance (RPA)/ PNP Questionnaire FEMA CAN NOT BEGIN WORKING WITH AN APPLICANT UNTIL THE RPA IS SUBMITTED TO TEMA Designation of Applicant’s Agent Form ACH – Direct Deposit Form Substitute W-9 Form Title VI Survey (1964 Civil Rights Act) Rose Massey – Title VI Compliance Officer (615) 313-0928 TEMA CAN NOT GENERATE YOUR CONTRACT FOR PUBLICASSISTANCE FUNDS UNTIL THESE FORMS ARE SUBMITTED IF NOT SUBMITTED TODAY; MAIL TO DOUG WORDEN, TEMA, 3041 SIDCO DRIVE, NASHVILLE, TN 37204

Request for Public Assistance (RPA) County Name or City Name Agencies / departments of a local government are included on that RPA. A separate Project Worksheet (PW) will be written for each of the departments that had eligible damages / costs. Example: RPA for Obion County covers Sheriff’s Dept., HighwaDept., etc. RPA for Union City covers Police Dept., Public Works Dept., etc. All Private Non-Profits (Utilities) submit separate RPA and are independent applicants.

INTERNET RESOURCES WWW.TNEMA.ORG WWW.FEMA.GOV http://www.fema.gov/government/grant/pa/policy.shtm

TEMA Public Assistance Staff Terri Tanner State PA Officer (615) 741-9984 ttanner@tnema.org Doug Worden PA Project Manager (615) 741-6265 dworden@tnema.org TEMA Recovery Manager Kevin Lawrence klawrence@tnema.org

? QUESTIONS ? Any questions??