1. TENNESSEE EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
TENNESSEE EMERGENCY
MANAGEMENT AGENCY

2. 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

3. 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.

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

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

6. 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

7. DEFINITIONS

8. 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)

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

10. 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

11. 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 Private Non-profit (PNP) Facility Eligibility

12. 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 Private Non-profit (PNP) Facility Eligibility

13. 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

14. 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

15. CATEGORIES OF ASSISTANCE

16. 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

17. 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

18. 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 Debris Removal from Private Property
Public Assistance Debris Management Guide, FEMA 325
Debris Operations – Clarification, FEMA Fact Sheet
Numerous additional Debris Eligibility Guidance available at:

19. 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

20. 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 Eligibility of Vector Control (Mosquito Abatement)

21. 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

22. 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

23. 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 Policy for Rehabilitation Assistance for Levees and Other Flood Control Works

24. 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

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

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

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

28. PROJECT ADMINISTRATION

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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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.

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

37. 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.

38. DOCUMENTATION

39. 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

40. 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

41. 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
MATERIALS / SUPPLIES

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

43. 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

44. PAYMENT$

45. 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

46. 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

47. 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

48. 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

49. CLOSEOUT

50. 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

51. 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

52. 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

53. 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)
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

54. 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.

55. INTERNET RESOURCES

56. TEMA Public Assistance Staff
Terri Tanner State PA Officer
(615)
Doug Worden PA Project Manager
(615)
TEMA Recovery Manager
Kevin Lawrence

57. ? QUESTIONS ?
Any questions??