Page 1 Recording of this session via any media type is strictly prohibited. Page 1 FEMA Claims – For Non- Profit Entities Recovering from FEMA after a Catastrophic Loss April 30, 2014

Page 2 Recording of this session via any media type is strictly prohibited. Rachel Wrightson New York University Christopher Brophy FTI Consulting Joseph D. Jean, Esq.Joseph D. Jean, Esq. Pillsbury Winthrop Shaw Pittman LLP FEMA Claims – For Non-Profit Entities Speakers

Page 3 Recording of this session via any media type is strictly prohibited. What to Expect 1.Understand basics of when FEMA grants are available under the Stafford Act. 2.Review FEMA Requirements for obtaining funds. 3.Address duplication of benefits as offset to FEMA grants. 4.Consider opportunities for obtaining Hazard Mitigation funds.

Page 4 Recording of this session via any media type is strictly prohibited. FEMA Claims – For Non-Profit Entities FEMA Claims – For Non-Profit Entities Agenda I.Who qualifies for FEMA Recovery? II.Basics of FEMA Claims III.Duplication of Benefits Offsets IV.Hazard Mitigation Possibilities V.Close-Out and Other Items

Page 5 Recording of this session via any media type is strictly prohibited. I.Who qualifies for FEMA Recovery? Established under the Stafford Act Strict qualification guidelines: Critical infrastructure Private Non-Profit Organizations (50%> profit) Includes Colleges, Universities, Non-Profit Hospitals Must be Declared a Disaster by the President

Page 6 Recording of this session via any media type is strictly prohibited. II.Basics of FEMA Claims Typically FEMA pays 75% Public Assistance Coordinator Assigned Pays only Property Damage (not business interruption) Offset by amounts received from third-parties Exclude any locations that have > 50% “for-profit” use Be careful to meet federal procurement guidelines

Page 7 Recording of this session via any media type is strictly prohibited. II.Basics of FEMA Claims Categorize costs into specific FEMA categories - Category A – Debris Removal - Category B – Emergency Protective Orders - Category E – Permanent Repairs Capture “Forced Account Labor” and “Forced Account Equipment” Separate into Large Project and Small Projects Direct Administrative Costs (aka “DAC”)

Page 8 Recording of this session via any media type is strictly prohibited. III.Insurance Recovery Offset Depends on type of insurance FEMA focuses on full amount of loss Then works to determine proper insurance offset Have FEMA Insurance experts review claim details FEMA claims most common when high deductible or low limits Combined deductibles require specific review (because business interruption not covered) All third-party recoveries are subject to offset

Page 9 Recording of this session via any media type is strictly prohibited. IV.Hazard Mitigation Possibilities In addition to recovering from underlying claim, the Stafford Act provides for Hazard Mitigation Funds Section 404 Hazard Mitigation Section 406 Hazard Mitigation

Page 10 Recording of this session via any media type is strictly prohibited. IV.Hazard Mitigation Possibilities Section 404 Hazard Mitigation Funded by Federal Government; Administered by the State Based on Percentage of total disaster funding for the State Project must not have been planned beforehand Open to all qualifying entities in State (need not be based on damage) Examples -Build flood wall around perimeter of building -Move key infrastructure from basement to upper level - Flood proofing - Relocating facilities - Adding or expanding culverts

Page 11 Recording of this session via any media type is strictly prohibited. IV.Hazard Mitigation Possibilities Section 406 Hazard Mitigation Funded and Administered by Federal Government Based on Damage Cost-Benefit Analysis

Page 12 Recording of this session via any media type is strictly prohibited. V.Close-Out and Other Items Maintain all documentation for five years OIG Audit Review Procurement Policies Alternate Projects (other) Administration Costs

Page 13 Recording of this session via any media type is strictly prohibited. Questions, Final Comments and Contact Information Rachel Wrightson New York University Christopher Brophy FTI Consulting Joseph Jean Pillsbury Winthrop Shaw Pittman LLP

Page 14 Recording of this session via any media type is strictly prohibited. KEEP THIS SLIDE FOR EVALUATION INFORMATION/MOBILE APP ETC. Please complete the session survey on the RIMS14 mobile application.