PUBLIC ASSISTANCE APPLICANT’S BRIEFING Tropical Storm LEE September 3 Thru October 15, 2011.
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Transcript of PUBLIC ASSISTANCE APPLICANT’S BRIEFING Tropical Storm LEE September 3 Thru October 15, 2011.
PUBLIC ASSISTANCEPUBLIC ASSISTANCEAPPLICANT’S BRIEFINGAPPLICANT’S BRIEFING
Tropical Storm LEE Tropical Storm LEE
September 3 Thru October 15, 2011 September 3 Thru October 15, 2011
THE PROCESS
Preliminary Damage Assessment Presidential Declaration of Major Disaster Applicant’s Briefing Request for Public Assistance (RPA) Kickoff Meeting Administrative Forms Project Formulation & The Project Worksheet Project Worksheet Approval (FEMA & PEMA) Project Worksheet Funding (FEMA & PEMA) Project Completion / Final Inspection / Closeout
BRIEFING OBJECTIVES
Request for Public Assistance
Administration
Elements of Eligibility
FEMA-4030-DR-PA
DECLARED for Public Assistance: September 12, 2011
INCIDENT PERIOD: September 3-October 15,
2011
TROPICAL STORM LEE
DR-4030 DECLARED COUNTIES
BEDFORD MONTOUR
BERKS NORTHUMBERLANDBRADFORD PERRYCOLUMBIA SCHUYLKILLDAUPHIN SNYDERHUNTINGDON SULLIVANJUNIATA SUSQUEHANNALANCASTER TIOGALEBANON UNIONLUZERNE WAYNELYCOMING WYOMINGMIFFLIN YORK
“REQUEST FOR PUBLIC ASSISTANCE”
PLEASE FILL IN NOW
THESE WILL BE COLLECTED TODAY
DEADLINE – November 9, 2011
RPA FEMA FORM 90-49
REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA
RPA = Request for Public Assistance • Turn in today
DAP-1 = “Agreement for Financial Assistance”• Legal Contract between the Applicant & PEMA• Pages 1, 6 and Attachment G need your information• Signed by the Applicant’s Agent and witnessed• ORIGINAL, INKED, signed document is to be sent to PEMA• Save postage, send only pages 1, 6 & Attch G to PEMA• You will receive a complete copy of the fully executed document back
DAP-2 = Designation of Applicant’s Agent (Spokesperson)• Appointed by “Resolution of Governing Body”
REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA
DUNS = Duns and Bradstreet Number• Attachment G to DAP-1 • Federal Requirement• http://www.dnb.com/us/ and click the “D&B D-U-N-S Number” link
PEPP = PA Electronic Payment Program Enrollment Form with SAP Vendor Number (Call # on form 717-346-2676) https://www.vendorregistration.state.pa.us/cvmu/paper/GranteeRegistration.aspx
Get these documents to PEMA. Mail or bring to Kick-off meeting and give to PEMA rep. Do not mail or give these forms to FEMA.
PUBLIC ASSISTANCE
Provides funding to eligible applicants for
Emergency Work and Permanent Restoration
of damaged facilities related to this Major
Disaster
Federal share = 75%
State share = 25%
of project eligible amount
ELEMENTS OF ELIGIBILITY
APPLICANT
FACILITY
WORK
COST
County and Municipal Governments
Municipal and other Authorities
School Districts
State Government Agencies
Certain Private Non Profit Organizations
PNP recreational facilities are not eligible
ELIGIBLE APPLICANTS
ELIGIBLE PNP APPLICANTS
Private Non-Profits (PNP) that provide
CRITICAL SERVICES may apply directly to
FEMA for both emergency and permanent
work: Fire / Emergency Services
Emergency Medical Care
Education
Power, Water, Sewer and Wastewater
Communications Systems
ELIGIBLE PNP APPLICANTS
Private Non-Profits (PNP) that do not provide
critical services must first apply to the Small
Business Administration (SBA) for a disaster loan
for permanent work before applying to FEMA
SBA = 800-659-2955▪ Museums ▪ Community Centers ▪ Educational Institutions
▪ Libraries ▪ Homeless Shelters ▪ Rehabilitation Facilities
▪ Zoos ▪ Shelter Workshops ▪ Senior Citizen/Daycare Centers
▪ Other PNP providing health and safety services of a governmental nature
However, they may apply directly to FEMA for
emergency work
ELIGIBLE FACILITY
Any publicly or PNP-owned building, works,
system or equipmentCertain improved and maintained natural
featuresMust be located in a declared county and be the
legal responsibility of an eligible applicantDamaged as a result of this disaster eventbeginning September 3, 2011 and continuing
ELIGIBLE WORK
EMERGENCY WORK In the public interest to reduce or eliminate a threat to life, to protect health and safety, and to protect improved property
•Debris Removal•Emergency Protective Measures (Police/Fire/EMS/Public Works)•6 Months to Complete - March 3, 2012
PERMANENT WORK Restore disaster damaged facility to pre-disaster design,capacity or function
•Roads & Bridges, etc.•Water Control Facilities & Water/Sewer•Buildings and Equipment•Utilities•Parks, recreational Facilities and Other•18 months to Complete – March 3, 2013
ELIGIBLE COSTS
Costs that can be directly tied to the performance of eligible work
Costs must be reasonable and compliant with Federal, State and Local procurement and
permitting requirements
ELIGIBLE COSTS - FORCE ACCOUNT
Labor & Fringe Benefits•Emergency Work
Permanent Employees - Overtime Only
Temporary Employees - All time•Permanent Work - All time•Document all fringe benefits using DAP-16
Equipment•Applicant Owned - use FEMA EQUIPMENT RATES (link
on PEMA web site) unless your cost is lower•Rental - at reasonable rental rate
Materials - at applicant’s net costContracts - reasonable cost
DIRECT ADMINISTRATIVE COSTS
Document any required administrative staff time in the office or at work site(s)
•Written to individual project worksheets•Material, Equipment and Supplies•Staff time on PW preparation and writing•Staff time supervising project work and•Staff time for final inspection•Travel expenses•Different than Engineering Costs
PEMA/FEMA will discuss with you
Reasonable and necessary for your approved
project’s scope of workFollow all federal, state, and local contracting
and procurement laws - handout in packetContracting & procurement is the applicant’s
responsibilityNo “cost plus” or contingency contractsDavis-Bacon DOES NOT apply - any state rate
requirements do apply
ELIGIBLE COSTS - CONTRACTS
ELIGIBLE COSTS - ENGINEERING
Directly associated with the actual work
Improvements from “My Professional Opinion” are not eligible unless backed by a eligible code & standard with FEMA approval in writing
ASK – do not ASSUME
Have your engineering firm separately document their engineering costs based on:
•Design and Specifications•Construction Supervision•Final Inspection
REQUEST PUBLIC ASSISTANCE
PLEASE TURN IN YOUR REQUEST FOR PUBLIC ASSISTANCE
NOW
ELIGIBLE WORK
Work required to return the facilityto its pre-disaster condition and use
Emergency Road Work- What did you do to get the road open, travelable and safe?
Is what you did how you do normal repairs or a quick fix?
Permanent Road Work – What work is required to return the road “system” to its pre-disaster condition…i.e. Base, Sub-base, Topping.
What can we do to minimize future damages?
PROJECT WORKSHEET
Description of Damages & DimensionsScope of Work – completed work and work to be completedAssigns Eligible Costs to your Eligible Work (is basis of grant)Applicant assists the FEMA Project Specialist prepare PWs It is your responsibility to ensure PWs are written to cover all your damagesLocation & description of damage (Make a list and check it twice – tell FEMA at Kick-off and Exit Meetings)Special Considerations issues that may add eligible costsHazard Mitigation for the projectInsuranceExit Interview–Exit Checklist (FEMA requirement for you to sign-off on so make sure PWs were written for all damages)Your Copy is a DraftChanges to PW may occur during FEMA QA/QC and State reviewFinal approved copy will be mailed
SCOPE OF WORK
PW Scope of Work is “Gospel”Use it to guide your bid specs
Any changes for any reason:•Need to be submitted in writing to PEMA•Approved in writing by FEMA•If not approved by FEMA, you may not receive your submitted reimbursement
VERBAL agreements are NOT valid
Unapproved changes, made by your engineer, will not be eligible for funding
INELIGIBLE WORKTHAT WILL NOT BE REIMBURSED
Any Additional, unapproved workThe extra cost to replace a one lane bridge
with a two lane bridge (probably ineligible) Improvements not required by codes and
standardsPrivate nonprofit recreational facilitiesDamage caused by negligencePre-existing damage or deferred maintenanceEngineering for damage assessment
SMALL & LARGE PROJECTS
For this disaster:
A “Small Project” is < $63,900
A “Large Project” is > $63,900
SMALL PROJECTS
The minimum project amount is $1,000Federal share is paid on project approvalDocument your actual work and costs
for each projectState Final Inspection & Program Review
of all small projects if overrun claimedState Share paid when all small projects
are completed
LARGE PROJECTS
Funds may be released as costs are incurred - Applicant submits DAP-9 w/invoices to PEMA - Minimum of $10,000 requested
Maximum draw = 75% of eligible PW amount
Quarterly Progress Status Reports required
Final Inspection & Program Review by FEMA
Final reimbursement = actual eligible cost
PROJECT FUNDING
Approved funds are electronically transferred to your account
Any interest over $100 annually must be reported and returned to FEMA
OTHER TYPES OF PROJECTS
FEMA PRIOR WRITTEN APPROVAL IS REQUIREDImproved Project Restored original function but you want to make it bigger or better than pre-disaster
•Funding is limited to original approved PW amount•Example: Small bridge to large bridge
Alternate Project Function not restored - use the funding for another purpose
•Fed Share reduced to 67.50% and State share based on the new approved amount•PNP’s Federal Share is 56.25%•Prior Environmental & Historic reviews must be completed •Submit for approval ASAP•Examples: Abandon the old destroyed bridge and buy a new tractor, police car or roof on municipal building
DEBRIS REMOVAL
MonitoredMust have known quantitiesKnown locations
•Where it came from – eligibility issue•Where it was taken
PermitsConsult “Debris Fact Sheet”
STREAM DEBRIS
Emergency debris removal required to eliminate the immediate threat to life or improved property
Each site should be evaluated independently and decisions made based on surrounding conditions and impacting factors Gravel bars, stream bank restoration and re-channelization of channels in natural areas are generally not eligible; unless there is an immediate threat to improved public or private property
WOODY DEBRIS
Hazardous Trees, Limbs, and Stumps
FEMA will validate that the applicants actually performed the workClear documentation of an immediate threat posed to public right of way areas or improved property and the scope of work required to remove the immediate threatBefore, during and after photographs of hazardsGPS coordinates of each tree or stump and nearest street address establishing location Hazardous trees must be six inches or greater in diameterHazardous limbs must be greater than two inches in diameter Hazardous stumps must be greater than 24 inches in diameter Hazardous stumps: document the quantity of material required to fill the resultant hole
NOTE: This documentation is not required during the emergency debris clearance phase when crews are clearing roads and providing access to critical facilities.
SPECIAL CONSIDERATIONS
Environmental (NEPA)HistoricFloodplainWetlands, Endangered SpeciesHazardous Materials Hazard Mitigation at damaged siteInsuranceCodes & Standards
ENVIRONMENTAL & HISTORICAL
Endangered Species Act (ESA), 1973
http://www.fws.gov/endangered/consultations/index.html
MITIGATION IN PUBLIC ASSISTANCE PROJECT
Particularly repetitively damaged sites
Reduce or eliminate future damages at a disaster damaged facility
Must be cost effective
If FEMA approves, cost is eligible for PA funding
Can be up to 15% of project cost except for specified pre-approved 100% list
Discuss your concerns/ideas at kick-off meetingHere’s your chance to really fix the problem!
MITIGATION IN PUBLIC ASSISTANCE PROJECT
Examples of mitigation:
•Upsizing repetitively damaged pipe one-size
•One-way valves or drains stoppers
•Raising utilities
•Constructing berms
•Larger rip-rap
INSURANCE
All Insurance payments must be deducted from eligible costs
The deductible is an eligible cost
FEMA will pay for eligible work not covered by insurance
Provide PEMA with a copy of the policy declaration page plus the claim and response from the insurance carrier
INSURANCE
If caused by flood, an insurable structure in the floodplain will be treated as if fully insured under NFIP – FEMA will deduct maximum NFIP proceed available from eligible project amount
If eligible cost is over $5,000, insurance for peril causing damage is required before payment
If you contest the floodplain, you must submit in writing as a map revision
CODES & STANDARDS
ALL 5 BELOW MUST BE METApply to the type of repair or restoration
Be appropriate to the pre-disaster use of the facility
Be reasonable, written, and formally adopted before the declaration date
Apply uniformly to all similar types of facilities throughout the jurisdiction
Have been enforced since enactment
COST OVERRUNS
Contact PEMA when you find that your project costs are going to be more than 10% over the PW approved amount
Example:PW is approved for $100,000 Lowest bid comes in at $110,000
GRANT CLOSE-OUT
Send the PEMA DAP-12 form to PEMA NLT 60 days after all of your work is completed
Reports actual cost for eligible workCertifies work is complete & all costs paidRequests final inspection & program review for:
•All Small Projects - submitted on one report•All Small Project with a cost overrun - on one report•Large Project - submitted individually
Required Disbursement/Reimbursement of Funds
OTHER THINGS
Appeals - 60 days from notice of action for appeal•Send to PEMA with compelling details•1st Appeal - to FEMA R3 Regional Administrator •2nd Appeal - to FEMA HQ Associate Director
Codes and Standards - must be approved and in effect before disaster is declared
PEMA-Bureau of Recovery and Mitigation-Public Assistance Division is your primary contact for questions or issues
REMEMBER
Only paid for damages caused by this disaster plus mitigation and eligible codes & standards
Written approval necessary for any changes
FEMA must deduct insurance and any payments from other sources
PWs completed timely = money to you quickly
Keep records for all work and costs separately for each project worksheet (PW) – makes closeout much easier for all concerned
REQUIRED FORMS
RPADAP-1 = “Agreement for Financial Assistance”
•Legal Contract between the Applicant & PEMA•Signed by the Applicant’s Agent•You will receive no funding until a properly executed, original, inked version is received by PEMA
DUNS NUMBER (Attachment G to DAP-1)PEPP = PA Electronic Payment Program Form with SAP Vendor NumberGet these documents to PEMA
BRING TO KICK-OFF MEETING
Records of all work and costs to date & estimates for incomplete or future workLocation, description, and dimensions of all emergency work and damaged facilitiesManager, Financial and Public Works staff may attend – who has the information and who will be doing the paperwork?30 days from meeting, you must have reported ALL incident related damages
TIME LINE
30 days from declaration (11/09/11) - submit RPA 30 days from kick-off (xx/xx/11) - report ALL disaster related damages 6 months from declaration (3/3/12) - all emergency work (Categories A-B) completed 18 months from declaration (3/3/13) - all permanent work (Categories C-G) completed
DOCUMENTS REQUIRING APPLICANT AGENT SIGNATURE
PEMA Forms•DAP-1 Original signatures required !•DAP-2•DAP-9•DAP-11•DAP-12
Note:Applicant Agent signature CANNOT be delegated – they must sign
MORE INFORMATION
PEMA Public Assistance 2605 Interstate Drive, Harrisburg, PA 17110 Phone: 800-635-9692 Email: Chris Evans at [email protected] Website: http://www.pema.pa.gov•Latest Disaster Update Information•Forms Library Link - Forms or Pamphlets•Applicant Handbook
FEMAWebsite: http://www.fema.gov
Questions
LAST ITEMS
Please do not leave before signing up
for a Kick-off Meeting at the back
table