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PUBLIC ASSISTANCE

PUBLIC ASSISTANCE. APPLICANT’S BRIEFING April 25-28, 2011 Severe Storms and Flooding . THE PROCESS. Preliminary Damage Assessment Presidential Declaration of Major Disaster Applicant’s Briefing Request for Public Assistance (RPA) Kickoff Meeting Administrative Forms

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PUBLIC ASSISTANCE

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  1. PUBLIC ASSISTANCE APPLICANT’S BRIEFING April 25-28, 2011 Severe Storms and Flooding

  2. 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

  3. BRIEFING OBJECTIVES • Request for Public Assistance • Administration • Elements of Eligibility

  4. FEMA-4003-DR-PA DECLARED for Public Assistance: July 13, 2011 INCIDENT PERIOD: April 25-28, 2011 SEVERE STORMS & FLOODING

  5. The Declared Counties Bradford Lycoming Sullivan Tioga Wyoming PUBLIC ASSISTANCE

  6. “REQUEST FOR PUBLIC ASSISTANCE” PLEASE FILL IN NOW THESE WILL BE COLLECTED TODAY DEADLINE – August 12, 2011 PUBLIC ASSISTANCE

  7. REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA • RPA = Request for Public Assistance • Turn in today • Needs DUNS number • DAP-1 = “Agreement for Financial Assistance” • Legal Contract between the Applicant & PEMA • Pages 1 and 5 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 to PEMA • You will receive a properly executed, full copy back • DAP-2 = Appoints the Applicant’s Agent, Spokesperson • Needs a “Resolution by Governing Body”

  8. 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 https://www.vendorregistration.state.pa.us/cvmu/paper/GranteeRegistration.aspx • Get these documents to PEMA • All of these are available on PEMA web site with examples

  9. 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 = __% of project eligible amount

  10. ELEMENTS OF ELIGIBILITY • APPLICANT • FACILITY • WORK • COST

  11. County and Municipal Governments Municipal and other Authorities School Districts State Government Agencies Certain Private Non Profit Organizations PNP recreational facilities arenoteligible ELIGIBLE APPLICANTS

  12. ELIGIBLE PNP APPLICANTS Private Non-Profits (PNP) that supplies 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

  13. 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 permanentwork 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 healthandsafety services of a governmental nature • However, they may apply directly to FEMA for • emergencywork

  14. ELIGIBLE FACILITY • Required as a result of this disaster event • and damaged between April 25-28, 2011 • Must be owned by the eligible applicant and • located in a declared county - or - • Must be the legal responsibility of an eligible • applicant in a declared county - not the • responsibility of another party • Must have required emergency repair to protect • the health and safety of the public • Not covered by insurance

  15. ELIGIBLE WORK • EMERGENCY WORK • In the public interest to eliminate or lessen threat to life & improved • property • Debris Removal • Emergency Work (Mostly Police & Fire) • 6 Months to Complete - January 14, 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 – January 14, 2013

  16. 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

  17. 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 List (link • on PEMA web site) unless your cost is lower • Rental - at reasonable rental rate • Materials - at applicant’s net cost • Contracts - reasonable cost

  18. 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

  19. Reasonable and necessary for your approved project’s scope of work Follow all federal, state, and local contracting and procurement laws - handout in packet Contracting & procurement is the applicant’s responsibility No “cost plus” or contingency contracts Davis-Bacon DOES NOT apply - any state rate requirements do apply ELIGIBLE COSTS - CONTRACTS

  20. 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

  21. PUBLIC ASSISTANCE PLEASE TURN IN YOUR REQUEST FOR PUBLIC ASSISTANCE NOW

  22. ELIGIBLE WORK Work required to return the facility to it 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 normal repairs or a quick fix? • Permanent Road Work – What work is required to return the road “system” to it pre-disaster condition…i.e. Base, Sub-base, Topping. • What can we do to minimize future damages?

  23. PROJECT WORKSHEET • Description of Damages & Dimensions • Scope of Work to restore the Facility • Assigns Eligible Costs to your Eligible Work • Applicant assists the FEMA Project Specialist prepare PWs • Location & description of facility • Special Considerations or codes and standards issues that • may add eligible costs • Hazard Mitigation for the project • Insurance • Your Copy is a Draft • Changes to PW • Final approved copy will be mailed • Exit Interview – Exit Checklist

  24. SCOPE OF WORK • PW Scope of Work is “Gospel” • Use it to guide your bid specs • Anychangesforanyreason • Need to be submittedinwritingto PEMA • ApprovedinwritingbyFEMA • IfnotapprovedbyFEMA, you may not receive your submitted reimbursement • VERBAL agreements are NOT valid • Unapproved changes, made by your engineer, • will not be eligible for funding

  25. INELIGIBLE WORKTHAT WILL NOT BE REIMBURSED • Any Additional, unapproved work • The extra cost to replace a one lane bridge with a two lane bridge (probably ineligible) • Improvements not requiredby codes and standards • Private nonprofit recreationalfacilities • Damage caused by negligence • Pre-existing damage or deferredmaintenance • Engineering for damage assessment

  26. SMALL & LARGE PROJECTS • For this disaster: • A “Small Project” is < $63,900 • A “Large Project” is > $63,900

  27. SMALL PROJECTS The minimum project amount is $1,000 • Federal share is paid on project approval • Document your actual work and costs • for each project • State Final Inspection & Program Review • of all small projects if overrun claimed • State Share paid when all small projects • are completed

  28. 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

  29. PROJECT FUNDING • Approved funds are electronically • transferred to your account • Any interest over $100 annually • must be reported and returned to • FEMA

  30. OTHER TYPES OF PROJECTS • FEMA PRIOR WRITTEN APPROVAL IS REQUIRED • ImprovedProject • 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

  31. DEBRIS REMOVAL • Monitored • Must have known quantities • Known locations • Where it came from – eligibility issue • Where it was taken • Permits • Consult “Debris Fact Sheet”

  32. 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

  33. WOODY DEBRIS Hazardous Trees, Limbs, and Stumps • FEMA will validate that the applicants actually performed the work • Clear 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 threat • Before, during and after photographs of hazards • GPS coordinates of each tree or stump and nearest street address • establishing location • Hazardous trees must be six inches or greater in diameter • Hazardous 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.

  34. SPECIAL CONSIDERATIONS • Environmental (NEPA) • Historic • Floodplain • Wetlands, Endangered Species • Hazardous Materials • Hazard Mitigation at damaged site • Insurance • Codes & Standards

  35. ENVIRONMENTAL & HISTORICAL • Endangered Species Act (ESA), 1973 • http://www.fws.gov/endangered/consultations/index.html

  36. MITIGATION IN PUBLIC ASSISTANCE PROJECT • Particularly repetitivelydamagedsites • 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 meeting Here’s your chance to really fix the problem!

  37. 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

  38. 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

  39. INSURANCE • If caused by flood, an insurablestructure 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

  40. CODES & STANDARDS ALL 5 BELOW MUST BE MET • Apply 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

  41. COST OVERRUNS Contact PEMA when you find that your project costs are going to be more than 10% of the PW approved amount Example: PW is approved for $100,000 Lowest bid comes in at $110,000

  42. 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 work • Certifies work is complete & all costs paid • Requests 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

  43. OTHERTHINGS • 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-PA is your primary contact for • questions or issues

  44. 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

  45. REQUIRED FORMS • RPA • DUNS Number • DAP-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 • DAP-2 = “Resolution by Governing Body” • Appoints the Applicant’s Agent • PEPP = PA Electronic Payment Program Form • with SAP Vendor Number • Get these documents to PEMA

  46. BRING TO KICK-OFF MEETING • Records of all work and costs to date & • estimates for incomplete or future work • Location, description, and dimensions of all • emergency work and damaged facilities • Manager, 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

  47. TIME LINE • 30 days from declaration (8/12/11) - submit RPA • 30 days from kick-off (9/xx/11) - report ALL disaster related damages • 6 months from declaration (1/14/12) - all emergency work (Categories A-B) completed • 18 months from declaration (1/14/13) - all permanent work (Categories C-G) completed

  48. 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

  49. MORE INFORMATION • PEMA • Public Assistance • 2605 Interstate Drive, Harrisburg, PA 17110 • Phone: 800-635-9692 • Email: Chris Evans at chrevans@state.pa.us • Website: http://www.pema.state.pa.us • Latest Disaster Update Information • Form Library Link - Forms or Pamphlets • Applicant Handbook • FEMA • Website:http://www.fema.gov

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