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

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

3. 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 Nor ‘Easter TS IDA Coastal Flooding Atlantic, Cape May, Ocean
DR 1873 Dec 2009 Winter Snow Storm 7 Southern Counties

4. New Jersey Presidentially Declared Disasters
DR 1889 Feb 2010 Winter Snow Storm 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 Rain and Flooding Gloucester, Salem and Cumberland Counties.
DR 4039 Sept Trop Storm Lee 5 Counties
DR 4048 Oct Rain and Flooding 8 Counties
DR 4070 June 2012 Derecho Atlantic, Cumberland and Salem.

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

6. 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

7. 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.

8. 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

9. 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

10. 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.

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

13. 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.

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

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

16. 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)

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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?

23. 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

24. 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

25. 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?

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

27. 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

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

29. 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

30. 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.

31. 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

32. 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

33. 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 §
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.

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

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

36. 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

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

38. 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)

39. 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

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

41. 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.

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

43. 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!

44. 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

45. 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

46. 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

47. 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.

48. 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.

49. 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

50. Snowstorm Reimbursement is still Ongoing and Being Reviewed and Paid

51. Additional Resources NJOEM Website (www.NJEMGrants.org)
FEMA’s Website (
FEMA PA Program and Policy Guide library/assets/documents/111781

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