State Fema Public Assistance Slides October 2013

FEMA PUBLIC ASSISTANCE PROGRAMFEMA PUBLIC ASSISTANCE PROGRAM
APPLICANT BRIEFINGAPPLICANT BRIEFING
Colorado Severe Storms, Flooding,Colorado Severe Storms, Flooding,
Landslides, and MudslidesLandslides, and Mudslides
Incident Start Date: 9/11/2013Incident Start Date: 9/11/2013
Incident End Date: 9/30/2013Incident End Date: 9/30/2013
Declaration:Declaration: DR-4145DR-4145
Declared:Declared: 9/14/20139/14/2013

AgendaAgenda
 IntroductionsIntroductions
 Be sure to sign the attendance sheetBe sure to sign the attendance sheet
 Applicant BriefingApplicant Briefing
 Status of declarationsStatus of declarations
 Expectation managementExpectation management
 The processThe process
 Public Assistance ProgramPublic Assistance Program
 OpportunitiesOpportunities
 Hand in your Request for Public AssistanceHand in your Request for Public Assistance
FormForm

Status:Status:
Counties DeclaredCounties Declared SoSo
FarFar
 Categories A & B: Adams, WeldCategories A & B: Adams, Weld
 Categories A - G: Boulder, LarimerCategories A - G: Boulder, Larimer
 Still reviewing other countiesStill reviewing other counties

ExpectationExpectation
ManagementManagement
You will not be made whole.You will not be made whole.
The Public Assistance Program Mission: ToThe Public Assistance Program Mission: To
provide supplemental financial assistance to state,provide supplemental financial assistance to state,
local, and tribal governments, and certain privatelocal, and tribal governments, and certain private
non-profit organizations for response and recoverynon-profit organizations for response and recovery
activities required as the result of a declaredactivities required as the result of a declared
disaster.disaster.
Funding is cost shared at a federal share ofFunding is cost shared at a federal share of
no less than 75% of eligible costs.no less than 75% of eligible costs.

The following has been determined regarding state cost share for
the FEMA Public Assistance (PA) Program:
State PA cost share for Categories A-G with local governments,
including special districts: 12.5% (50% of the 25% non-
Federal match) but if a local government has used all its reserves
and TABOR Emergency Reserves, the state may increase cost
share up to 90% of the 25% non-Federal match. Other state
agencies will review local government finances to determine
(verify) that reserves/emergency funds have been expended.
There is no PA cost share with non-profit organizations (PNPs).
66
State Cost Share

WHERE YOU ARE INWHERE YOU ARE IN
THE PROCESSTHE PROCESS

Factors of EligibilityFactors of Eligibility
 ApplicantApplicant
 FacilityFacility
 WorkWork
 CostCost

Eligible ApplicantsEligible Applicants
 State Government AgenciesState Government Agencies
 County GovernmentsCounty Governments
 Municipal GovernmentsMunicipal Governments
 Tribal GovernmentsTribal Governments
 Special DistrictsSpecial Districts
 School DistrictsSchool Districts
 Certain Private Nonprofit OrganizationsCertain Private Nonprofit Organizations

Private Non-profitPrivate Non-profit
OrganizationsOrganizations
 CriticalCritical
 Non-criticalNon-critical

Critical Services:Critical Services: PrivatePrivate
Non-Profit OrganizationsNon-Profit Organizations
 Utilities: Energy, Water, Sewer,Utilities: Energy, Water, Sewer,
Wastewater Treatment etc.Wastewater Treatment etc.
 CommunicationsCommunications
 Educational InstitutionsEducational Institutions
 Emergency MedicalEmergency Medical
 Fire ProtectionFire Protection
 Emergency Services, Ambulance andEmergency Services, Ambulance and
RescueRescue

Non-Critical Services:Non-Critical Services:
Private Non-ProfitPrivate Non-Profit
OrganizationsOrganizations
 MuseumsMuseums
 ZoosZoos
 Performing Arts FacilitiesPerforming Arts Facilities
 Community CentersCommunity Centers
 LibrariesLibraries
 Homeless SheltersHomeless Shelters
 Rehabilitation FacilitiesRehabilitation Facilities
 Senior Citizen CentersSenior Citizen Centers
 Shelter WorkshopsShelter Workshops
 Health and Safety Services of a governmental natureHealth and Safety Services of a governmental nature

Private Non-profitPrivate Non-profit

Homeowners’ AssociationsHomeowners’ Associations
Homeowner’s Associations often prohibitHomeowner’s Associations often prohibit
access with gates and other security systems.access with gates and other security systems.
When Access is restricted, the services andWhen Access is restricted, the services and
facilities cannot be considered open to thefacilities cannot be considered open to the
public and therefore arepublic and therefore are notnot eligible for Publiceligible for Public
Assistance funding.Assistance funding.

Removal of debris from roadways (including debrisRemoval of debris from roadways (including debris
moved to the curb) within the community to create anmoved to the curb) within the community to create an
emergency path of travel is eligible if performed oremergency path of travel is eligible if performed or
contracted by an eligible local or State levelcontracted by an eligible local or State level
government entity with legal authority and applied forgovernment entity with legal authority and applied for
by the eligible local or State entity.by the eligible local or State entity.
If Homeowner’s Association meets the criteria for anIf Homeowner’s Association meets the criteria for an
eligible PNP under the PA program, it may claimeligible PNP under the PA program, it may claim
costs for the repair of its eligible education, medical,costs for the repair of its eligible education, medical,
custodial care, emergency, and utility (exceptcustodial care, emergency, and utility (except
irrigation) facilities.irrigation) facilities.

Repair of roadways, irrigation facilities, andRepair of roadways, irrigation facilities, and
facilities that provide governmental servicesfacilities that provide governmental services
other than those listed on the previous slideother than those listed on the previous slide
areare notnot eligible.eligible.
PNP recreation facilities arePNP recreation facilities are ineligibleineligible whetherwhether
the community is gated or not.the community is gated or not.

Eligible FacilitiesEligible Facilities
 A facility is defined asA facility is defined as
– Any publicly-owned or PNP-ownedAny publicly-owned or PNP-owned
building, works, system, or equipmentbuilding, works, system, or equipment
(built or manufactured); or(built or manufactured); or
– Certain improved and maintained naturalCertain improved and maintained natural
featuresfeatures

Eligible Work CriteriaEligible Work Criteria
 Required as a result of declared disasterRequired as a result of declared disaster
 Located in designated disaster areaLocated in designated disaster area
 Legal responsibility of eligible applicant - AnLegal responsibility of eligible applicant - An
eligible applicant must be legally responsibleeligible applicant must be legally responsible
for the repair of the damaged facility or thefor the repair of the damaged facility or the
performance of emergency services at theperformance of emergency services at the
time of the disaster.time of the disaster.
 No other Federal agency has specific authorityNo other Federal agency has specific authority

Types ofTypes of
Eligible WorkEligible Work
1. Emergency Work1. Emergency Work
(Categories A & B)(Categories A & B)
2. Permanent Work2. Permanent Work
(Categories C - G)(Categories C - G)

Work CategoriesWork Categories
 A: Debris RemovalA: Debris Removal
 B: Emergency Protective MeasuresB: Emergency Protective Measures
 C: Roads and BridgesC: Roads and Bridges
 D: Water Control FacilitiesD: Water Control Facilities
 E: Buildings And EquipmentE: Buildings And Equipment
 F: Utility SystemsF: Utility Systems
 G: Parks, Recreational, and OtherG: Parks, Recreational, and Other

Eligible CostsEligible Costs
 Generally, costs that can be directly tied to theGenerally, costs that can be directly tied to the
performance of eligible work are eligibleperformance of eligible work are eligible
 Such costs must be:Such costs must be:
– Reasonable and necessary to accomplish the workReasonable and necessary to accomplish the work
– Compliant with Federal, State, and LocalCompliant with Federal, State, and Local
requirements for competitive procurementrequirements for competitive procurement
(including 44 CFR P 13) and(including 44 CFR P 13) and
– Reduced by all applicable credits, such asReduced by all applicable credits, such as
anticipated insurance proceeds and salvageanticipated insurance proceeds and salvage
values.values.

Labor Costs –Labor Costs –
Emergency WorkEmergency Work
 Only overtime labor is eligible for:Only overtime labor is eligible for:
– Permanent employeesPermanent employees
– Seasonal employeesSeasonal employees
 Both regular time and overtime labor are eligibleBoth regular time and overtime labor are eligible
for non-budgeted employees assignedfor non-budgeted employees assigned
specifically to perform emergency work,specifically to perform emergency work,
including temporary employeesincluding temporary employees

Labor Costs –Labor Costs –
Permanent WorkPermanent Work
 For permanent work performed by anFor permanent work performed by an
eligible applicant, both regular time andeligible applicant, both regular time and
overtime are eligible for all employees.overtime are eligible for all employees.
 The applicant’s pre-disaster writtenThe applicant’s pre-disaster written
policies on overtime are used inpolicies on overtime are used in
determining cost eligibilitydetermining cost eligibility
– Cannot be contingent on federal fundingCannot be contingent on federal funding
or discretionor discretion

Force AccountForce Account
EquipmentEquipment
 Equipment is eligible for regular time andEquipment is eligible for regular time and
overtimeovertime
 Standby time is ineligibleStandby time is ineligible
 Hourly costs for trucks, back-hoes, etcHourly costs for trucks, back-hoes, etc
 Mileage costs for automobilesMileage costs for automobiles
 Must use FEMA cost codes or your ownMust use FEMA cost codes or your own
cost codes, whichever is lesscost codes, whichever is less

MaterialsMaterials
 The cost of supplies that were purchased orThe cost of supplies that were purchased or
taken from an applicant’s stock and usedtaken from an applicant’s stock and used
during performance of eligible work may beduring performance of eligible work may be
claimedclaimed
 Keep invoices and/or purchase ordersKeep invoices and/or purchase orders
 Keep all cancelled checksKeep all cancelled checks
 Keep record of any inventory used fromKeep record of any inventory used from
stockstock

Donated ResourcesDonated Resources
 Volunteer labor, donated equipment, andVolunteer labor, donated equipment, and
donated materials are eligible to offset thedonated materials are eligible to offset the
State and Local portion of cost share forState and Local portion of cost share for
emergency work (Cat A and B)emergency work (Cat A and B)
 The donated services must beThe donated services must be
documented and must include a record ofdocumented and must include a record of
hours worked, the work site, and ahours worked, the work site, and a
description of workdescription of work

SUBMISSION OF REQUESTSUBMISSION OF REQUEST
FORFOR
PUBLIC ASSISTANCEPUBLIC ASSISTANCE
Applicants must submit a Request for PublicApplicants must submit a Request for Public
Assistance (RPA)Assistance (RPA)
Within 30 DAYSWithin 30 DAYS
From Declaration DateFrom Declaration Date
(however, because counties are getting declared at(however, because counties are getting declared at
different times, we expect to request an extensiondifferent times, we expect to request an extension
for those counties that haven’t been declared yet)for those counties that haven’t been declared yet)

Kickoff MeetingKickoff Meeting
 FEMA will assign a Public Assistance CoordinatorFEMA will assign a Public Assistance Coordinator
(PAC)(PAC)
 Eligibility will be confirmedEligibility will be confirmed
 The FEMA PAC will hold a kickoff meeting to discussThe FEMA PAC will hold a kickoff meeting to discuss
details of the PA Programdetails of the PA Program
 You, the applicant, provides lists of damages and costYou, the applicant, provides lists of damages and cost
estimates from the disasterestimates from the disaster
 Bring a COPY of your Insurance Policy, if applicableBring a COPY of your Insurance Policy, if applicable

 Scope of workScope of work
 Estimates eligible costEstimates eligible cost
 Minimum PW is $1,000Minimum PW is $1,000
 Applicant’s participation is vitalApplicant’s participation is vital
Project Worksheet (PW)Project Worksheet (PW)

 Project worksheet completionProject worksheet completion
 FEMA PAC reviews and approves it forFEMA PAC reviews and approves it for
submissionsubmission
 PW entered into electronic databasePW entered into electronic database
 FEMA’s special consideration reviewsFEMA’s special consideration reviews
– Insurance RequirementsInsurance Requirements
– Hazard MitigationHazard Mitigation
– Environmental RequirementsEnvironmental Requirements
– Historic Preservation & Cultural ResourcesHistoric Preservation & Cultural Resources
PW Review ProcessPW Review Process

 Final Project Worksheet reviewed and approvedFinal Project Worksheet reviewed and approved
by Applicant – requires sign-offby Applicant – requires sign-off
– Ask questions if something doesn’t make senseAsk questions if something doesn’t make sense
 Exit Briefing Form – Signature by:Exit Briefing Form – Signature by:
– FEMA PAC Crew LeaderFEMA PAC Crew Leader
– State Applicant LiaisonState Applicant Liaison
– Applicant RepresentativeApplicant Representative
 Obligation of project worksheetObligation of project worksheet
PW Review ProcessPW Review Process

Grant AgreementGrant Agreement
ProcessProcess
1.1. State prepares Grant Agreement between StateState prepares Grant Agreement between State
and Applicant - sends 2 copies to Applicant – mustand Applicant - sends 2 copies to Applicant – must
be executed by Chief Elected Officialbe executed by Chief Elected Official
2.2. Approved Project Worksheets are the exhibits toApproved Project Worksheets are the exhibits to
Grant AgreementGrant Agreement
3.3. State then executes Agreement – requiresState then executes Agreement – requires
processing by Department Controllerprocessing by Department Controller
This process takes time…..This process takes time…..

Cost ShareCost Share
 The federal share is 75%The federal share is 75%
 The remaining non-federal share is theThe remaining non-federal share is the
Grantee and Sub-grantees responsibilityGrantee and Sub-grantees responsibility
 The cost share is stated in the grantThe cost share is stated in the grant
agreementagreement

Small vs. Large ProjectsSmall vs. Large Projects
Public Assistance projects are processed as either small or large projects. If the
project cost is less than the annually updated cost threshold amount ($67,500
for FY 2013) the project is processed as a small project. If the project cost
equals or exceeds the threshold the project is processed as a large project.
Small ProjectsSmall Projects
Federal cost share is paid uponFederal cost share is paid upon
project approval.project approval.
Funding is based on an initialFunding is based on an initial
cost estimate.cost estimate.
Large ProjectsLarge Projects
Federal cost share is paid as work isFederal cost share is paid as work is
accomplished.accomplished.
Final assistance is based uponFinal assistance is based upon
actual costs or an estimate usingactual costs or an estimate using
the Cost Estimating Format.the Cost Estimating Format.

Reimbursements – SmallReimbursements – Small
ProjectsProjects
 Small Projects – payments will beSmall Projects – payments will be
processed by the State upon obligation –processed by the State upon obligation –
after execution of State Grant Agreementafter execution of State Grant Agreement
(or other funding conveyance)(or other funding conveyance)
 All small projects must be completed inAll small projects must be completed in
accordance with the PWaccordance with the PW
 Failure to complete a project may requireFailure to complete a project may require
that the Federal payment be refunded!that the Federal payment be refunded!

Reimbursements – LargeReimbursements – Large
ProjectsProjects
 Must submit Requests for Reimbursement toMust submit Requests for Reimbursement to
the State as work is completed, along with allthe State as work is completed, along with all
required documentation and supportingrequired documentation and supporting
payment records.payment records.
 State will provide further instructions onState will provide further instructions on
reimbursement process after execution ofreimbursement process after execution of
the State Grant Agreementthe State Grant Agreement

 For all large projects applicantsFor all large projects applicants
should submit Request for Finalshould submit Request for Final
Inspection 60 days after theInspection 60 days after the
physical work is 100% complete.physical work is 100% complete.
 Large Project Amount is $67,500.Large Project Amount is $67,500.
Project ValidationProject Validation

Administrative AllowanceAdministrative Allowance
 Direct administrative costDirect administrative cost
specifically related to a PWspecifically related to a PW
 Cost must be reasonable and the level ofCost must be reasonable and the level of
effort reasonable for the type of workeffort reasonable for the type of work
required.required.
 Example – Pay roll personnel collectingExample – Pay roll personnel collecting
and tracking labor cost for staff performingand tracking labor cost for staff performing
emergency protective measures.emergency protective measures.

Record KeepingRecord Keeping
Vital To Full ReimbursementVital To Full Reimbursement
 Costs by PW for approved workCosts by PW for approved work
 FEMA has forms that assist inFEMA has forms that assist in
organizing and summarizingorganizing and summarizing
 Original documentation requiredOriginal documentation required forfor
audit or program reviewaudit or program review
 Keep records for 3 years afterKeep records for 3 years after
closeout letter from State/FEMAcloseout letter from State/FEMA

Opportunities: AlternativeOpportunities: Alternative
Procedures for DebrisProcedures for Debris
RemovalRemoval
Discuss these with your PACDiscuss these with your PAC
 A. If desirable, request Alternative Procedures for DebrisA. If desirable, request Alternative Procedures for Debris
RemovalRemoval
 B. Accelerated Debris Removal-Increased Federal CostB. Accelerated Debris Removal-Increased Federal Cost
Share (Sliding Scale)Share (Sliding Scale)
 C. Recycling RevenuesC. Recycling Revenues
 D. Straight Time Force Account LaborD. Straight Time Force Account Labor
 E. Debris Management Plans–must have been in placeE. Debris Management Plans–must have been in place httphttp
://://www.fema.gov/media-library-data/20130726-1921-25045-www.fema.gov/media-library-data/20130726-1921-25045-
1092/public_assistance_alternative_procedures_1092/public_assistance_alternative_procedures_
pilot_program_guide_for_debris_removal.pdfpilot_program_guide_for_debris_removal.pdf

Opportunities: Permanent WorkOpportunities: Permanent Work
Discuss this with your PACDiscuss this with your PAC
 Participation in the permanent work pilot is based on aParticipation in the permanent work pilot is based on a
Subgrantee agreeing to a fixed estimate subgrant; the pilotSubgrantee agreeing to a fixed estimate subgrant; the pilot
includes:includes:
 Grants Based on Fixed EstimatesGrants Based on Fixed Estimates
 Acceptance of Subgrantee Cost EstimatesAcceptance of Subgrantee Cost Estimates
 Referral of Cost Estimates to Expert PanelReferral of Cost Estimates to Expert Panel
 Consolidated SubgrantsConsolidated Subgrants
 Elimination of Alternate Project PenaltyElimination of Alternate Project Penalty
 Use of Excess FundsUse of Excess Funds
Subgrantee is responsible for costs above the fixed estimateSubgrantee is responsible for costs above the fixed estimate
Subgrantee has flexibility in use of funds within the fixedSubgrantee has flexibility in use of funds within the fixed
estimateestimate

Opportunities: MitigationOpportunities: Mitigation
Discuss 406 with your PACDiscuss 406 with your PAC
 Section 404Section 404 -- Hazard Mitigation Grant Program
(HMGP) Not Public AssistanceNot Public Assistance.
 Section 406Section 406 -- Available as part of Public Assistancepart of Public Assistance
Applies only to damaged elements eligible under PA
Permanent Work Projects determined to be “cost-
effective” (eliminate the future threat of damage to a
facility )

Opportunities: Improved ProjectsOpportunities: Improved Projects
Discuss with your PACDiscuss with your PAC
 An Improved Project is any project (large or small) where the
applicant chooses to make additional improvements to the
facility while making disaster repairs. Applicants performing
restoration work on a damaged facility may use the
opportunity to make additional improvements while still
restoring the facility to its pre-disaster design.
 For the most part, these are projects in which the funding for
approved work cannot be tracked within the improved projects
because of physical changes or contracting arrangements.
For example, an applicant might propose laying asphalt on a
gravel road or replacing a firehouse that originally had two
bays with one that has three.

Opportunities: AlternateOpportunities: Alternate
ProjectsProjects Discuss with your PACDiscuss with your PAC
 The applicant may request approval of an alternate
project from FEMA through the Grantee when an
applicant determines that the public welfare would not
be best served by either restoring a damaged facility
or by restoring the function of a damaged facility.
Either one of the two conditions must be met. See 44
CFR 206.203(d)(2).
 The FEMA Regional Administrator must approve all
alternate projects prior to the start of
construction.See 44 CFR 206.203(d)(2)(v).

Applicant Common Errors
Office of Inspector General (OIG) has noted the
following frequent audit findings (see OIG report,
October 2008):
Poor Accounting Practices
Unsupported Costs
Duplication of Benefits
Excessive Equipment Charges
Excessive Labor and Fringe Benefit Charges
Unrelated Project Charges
Unapplied Credits
Poor Contracting Practices

Contracting Requirements
Federal Regulations (44 CFR 13.36) requires that Grantees and
sub-grantees comply with the following procurement standards:
Competition is almost always required. Regardless of State or local exceptions
during an emergency.
The applicant must maintain records in sufficient detail to reflect the significant
history of the procurement, including the rationale for the method of
procurement, the basis for the contractor selection, and the basis for the
contract price
The applicant is prohibited from using time-and-material type contracts unless
a determination is made that no other contract is suitable, and provided that the
contract includes a ceiling price that the contractor exceeds at its own risk; and
The applicant is prohibited from using a “cost plus a percentage of cost”
contract.

 Applicant has 30 days from declarationApplicant has 30 days from declaration
date to submit RPA (requesting andate to submit RPA (requesting an
extension)extension)
 Applicant has 60 days from Kick OffApplicant has 60 days from Kick Off
meeting to identify damagesmeeting to identify damages
 Applicant has 60 days upon notification ofApplicant has 60 days upon notification of
a PW decision to appeal thru the State.a PW decision to appeal thru the State.
TimelinesTimelines

 FEMA has 90 days upon receipt of anFEMA has 90 days upon receipt of an
appeal to provide in writing the dispositionappeal to provide in writing the disposition
of the appeal or request additionalof the appeal or request additional
information.information.
 Applicants have 60 days upon receipt of aApplicants have 60 days upon receipt of a
11stst
appeal disposition to request for a 2appeal disposition to request for a 2ndnd
appeal.appeal.
 FEMAs goal is to provide applicants withFEMAs goal is to provide applicants with
the fullest reimbursement under the Staffordthe fullest reimbursement under the Stafford
Act for their PWs.Act for their PWs.
TimelinesTimelines

Key Points…Key Points…
 Disaster Declaration Date was 9/14/2013.Disaster Declaration Date was 9/14/2013.
 Incident start date: 9/11/2013Incident start date: 9/11/2013
 Incident end date: 9/30/2013Incident end date: 9/30/2013

Key Points…Key Points…
 FEMAs goal is to complete all projectFEMAs goal is to complete all project
worksheets as soon as possible in order toworksheets as soon as possible in order to
provide funding for Applicants.provide funding for Applicants.
 Contact State OEM & your FEMA PAC forContact State OEM & your FEMA PAC for
any specific questions.any specific questions.

Helpful WebsitesHelpful Websites
 http://www.fema.gov/public-assistance-local-state-http://www.fema.gov/public-assistance-local-state-
tribal-and-non-profittribal-and-non-profit
 http://www.fema.gov/public-assistance-policy-and-http://www.fema.gov/public-assistance-policy-and-
guidanceguidance
 http://www.fema.gov/pdf/government/grant/pa/femahttp://www.fema.gov/pdf/government/grant/pa/fema
323_app_handbk.pdf323_app_handbk.pdf
 http://www.fema.gov/9500-series-policy-http://www.fema.gov/9500-series-policy-
publicationspublications
 Helpful Websites

This concludes the overview of theThis concludes the overview of the
Public Assistance Applicant BriefingPublic Assistance Applicant Briefing
Please submit an RPAPlease submit an RPA
 If you don’t know your DUNS number,If you don’t know your DUNS number,
please email it to me.please email it to me.
 Kick-off meetings will be scheduled.Kick-off meetings will be scheduled.

State Fema Public Assistance Slides October 2013

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