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Avoiding Problems and Pitfalls with the FEMA Public Assistance Program

Avoiding Problems and Pitfalls with the FEMA Public Assistance Program. Common Problems. Violation of Program Rules Failure to report damages within 60 days Ineligible Work / Ineligible Costs Improper/Inadequate Documentation Missed Deadlines Inadequate Reporting

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Avoiding Problems and Pitfalls with the FEMA Public Assistance Program

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  1. AvoidingProblems and Pitfallswith theFEMA Public Assistance Program

  2. Common Problems • Violation of Program Rules • Failure to report damages within 60 days • Ineligible Work / Ineligible Costs • Improper/Inadequate Documentation • Missed Deadlines • Inadequate Reporting • Procurement/Contracting Violations • Environmental/Historic Violations • Conflicts with neighbors and advocacy groups

  3. Consequences • Negative public relations • Negative intergovernmental relations • Financial deobligation of some or all of a Project Worksheet • Disbarment of contractor from federal or state contract eligibility • Possible criminal and/or civil penalties including fines and incarceration

  4. How to Avoid Problems • Carefully and completely review ALL official documents • Never assume….Always ask questions • Obtain and review guidance documents • Get everything in writing • Obtain professional assistance • Do not sign documents until you are sure you understand and agree

  5. Violation of Program Rules • As with all government programs, the PA program has rules and regulation that must be complied with • State Homeland Security and Emergency Management can answer most questions • Rules and Regulations can also be found at: • www.fema.gov

  6. Violation of Program RulesContinued • Damages must be reported within 60 days of the kick-off • Applicants need to report all damages a soon as possible • There is some flexibility to this rule if the disaster prevents the applicant from accessing the area

  7. Violation of Program RulesContinued • Ineligible work or costs * It is not uncommon for an applicant who is unfamiliar with the program to submit cost for work that is not eligible * The most commonly rejected cost is regular time for personnel working on Cat A or B Emergency Work * Work that is not included in the written Scope of Work is ineligible

  8. Violation of Program RulesContinued • Improper or inadequate documentation * Applicants are responsible for providing accurate and complete documentation * Cost records must be provided for each Project Worksheet * Applicants must insure contract and/or invoices are broken down by project * Documentation that is not broken down PW by PW will be returned to the applicant

  9. Violation of Program RulesContinued • Missed Deadlines * Projects have completion deadlines based on the Category of work • Emergency Work 6 months (Category A and B) • Permanent Work 18 months (Category C, D, E, F, G) * Extensions may be granted but must be requested in writing 30 days prior to the established deadline * Applicants must request extension Project by Project and must provide a justification and an estimation time of completion

  10. Violation of Program RulesContinued • Inadequate Reporting * Applicants are required to report any problems including Cost over-runs Permitting issues Legal/Contractual disputes Scope of Work issues * Large Project Quarterly Reports

  11. Procurement • All purchasing must comply with federal, state and local procurement rules • Avoid sole-source contracts • Time and materials contracts must have financial maximum and are time-limited by FEMA • No “piggy-back” contracts • Avoid conflict of interest

  12. Licensing • Applicants are responsible for doing business with legally eligible entities and individuals • Failure to comply with state licensing requirements can lead to fines, penalties and possible litigation • Contact state or local licensing authorities with any questions prior to awarding contract

  13. Environmental and Historical Requirements • All projects funded by the federal government must comply with environmental and historical laws and regulations (NEPA) • Failure to comply with these laws WILL result in loss of funding and possible criminal/civil penalties

  14. Conflicts with neighbors and/or advocacy groups • Applicants should use good judgment when developing projects • FEMA “recommends” but does not mandate • Applicants, not FEMA or the State, are responsible for the actions they take • Always work with adjacent landowners to determine if adverse impacts will occur

  15. Closing • Disaster is never “fun” • Try to enjoy the recovery experience • DHSEM is here to assist you, but there are some things we can’t undo • All recovery will one day end

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