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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

PUBLIC ASSISTANCE

APPLICANT’S BRIEFING

April 25-28, 2011 Severe Storms and Flooding


The process

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

BRIEFING OBJECTIVES

  • Request for Public Assistance

  • Administration

  • Elements of Eligibility


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FEMA-4003-DR-PA

DECLARED for Public Assistance: July 13, 2011

INCIDENT PERIOD:

April 25-28, 2011

SEVERE STORMS & FLOODING


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The Declared Counties

Bradford

Lycoming

Sullivan

Tioga

Wyoming

PUBLIC ASSISTANCE


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“REQUEST FOR PUBLIC ASSISTANCE”

PLEASE FILL IN NOW

THESE WILL BE COLLECTED TODAY

DEADLINE – August 12, 2011

PUBLIC ASSISTANCE


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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”


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    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


    Public assistance

    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


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    ELEMENTS OF ELIGIBILITY

    • APPLICANT

    • FACILITY

    • WORK

    • COST


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    County and Municipal Governments

    Municipal and other Authorities

    School Districts

    State Government Agencies

    Certain Private Non Profit Organizations

    PNP recreational facilities arenoteligible

    ELIGIBLE APPLICANTS


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    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


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    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


    Public assistance

    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


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    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


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    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


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    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


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    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


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    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


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    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


    Public assistance1

    PUBLIC ASSISTANCE

    PLEASE TURN IN YOUR REQUEST FOR PUBLIC ASSISTANCE

    NOW


    Eligible work

    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?


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    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


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    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


    Ineligible work that will not be reimbursed

    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


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    SMALL & LARGE PROJECTS

    • For this disaster:

    • A “Small Project” is < $63,900

    • A “Large Project” is > $63,900


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    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


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    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


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    PROJECT FUNDING

    • Approved funds are electronically

    • transferred to your account

    • Any interest over $100 annually

    • must be reported and returned to

    • FEMA


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    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


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    DEBRIS REMOVAL

    • Monitored

    • Must have known quantities

    • Known locations

      • Where it came from – eligibility issue

      • Where it was taken

    • Permits

    • Consult “Debris Fact Sheet”


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    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


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    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.


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    SPECIAL CONSIDERATIONS

    • Environmental (NEPA)

    • Historic

    • Floodplain

    • Wetlands, Endangered Species

    • Hazardous Materials

    • Hazard Mitigation at damaged site

    • Insurance

    • Codes & Standards


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    ENVIRONMENTAL & HISTORICAL

    • Endangered Species Act (ESA), 1973

    • http://www.fws.gov/endangered/consultations/index.html


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    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!


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    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


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    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


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    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


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    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


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    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


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    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


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    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


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    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


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    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


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    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


    Time line

    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


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    DOCUMENTS REQUIRING APPLICANT AGENT SIGNATURE

    • PEMA Forms

    • DAP-1Original signatures required !

    • DAP-2

    • DAP-9

    • DAP-11

    • DAP-12

    • Note:

    • Applicant Agent signature CANNOT be delegated – they must sign


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    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.state.pa.us

    • Latest Disaster Update Information

    • Form Library Link - Forms or Pamphlets

    • Applicant Handbook

  • FEMA

    • Website:http://www.fema.gov


  • Public assistance

    PEMA PUBLIC ASSISTANCE

    Bradford County - West

    Greg Showers

    Ofc: 717-651-2140

    Cell: 717-460-2821

    [email protected]

    Bradford County - East

    Rick Weiberg

    Ofc: 717-651-2157

    Cell: 717-405-5106

    [email protected]


    Pema public assistance

    PEMA PUBLIC ASSISTANCE

    Lycoming & Sullivan Counties

    Russ Kratzer

    Ofc: 717-651-2160

    Cell: 717-460-2784

    [email protected]

    Tioga CountyWyoming County

    Ken MostynMike Stalnecker

    Ofc: 724-357-2990Ofc: 610-562-3003

    Cell: 724-630-9450Cell: 484-256-0556

    [email protected]@state.pa.us


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    Questions


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    LAST ITEMS

    Hazard Mitigation Presentation followed by signing up for Kick-off Meetings at back table


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