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APPLICANT’S BRIEFING FEMA 1548 DR-LA. Public Assistance. APPLICATION PROCEDURES. In accordance with 206.202 Grantee responsible for: Applicant identification Applicant education Applicant Application Request for PA Form Project documentation Technical assistance Applicant Payment.

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APPLICANT’S BRIEFING

FEMA 1548 DR-LA

Public

Assistance

application procedures
APPLICATION PROCEDURES
  • In accordance with 206.202
    • Grantee responsible for:
      • Applicant identification
      • Applicant education
      • Applicant Application
        • Request for PA Form
        • Project documentation
      • Technical assistance
      • Applicant Payment
applicant briefing information for public assistance
APPLICANTBRIEFINGInformation for Public Assistance
  • Provides information for local officials that will assist during recovery operations
  • Briefing is designed especially to provide information on the eligibility requirements of the Public Assistance (PA) Program
  • Preparation for Damage Survey Team
  • Review of required documentation and the rules & procedures necessary for expense reimbursement for eligible expenses
  • Complete & return the following at conclusion of this briefing:
applicant briefing required forms to complete
APPLICANTBRIEFINGRequired Forms to complete
  • Request for Public Assistance Form (RFP) (Complete and return at conclusion of this briefing)
  • W-9 Tax ID Number Form (Complete and return to LANG-HEP-R ASAP)
  • Applicant Assurance Form (Complete and return to LANG-HEP-R ASAP)
  • Designation of Applicant Agent Form (Complete and return to LANG-HEP-R ASAP)
  • LANG-HEP-R Fax Number: (225) 925-7501

Attention: Disaster Recovery Division

FEMA Disaster Number 1548-DR-LA

dates eligible parishes
DATES/ELIGIBLE PARISHES

1548-from,Sept 13,2004, and continuing

Eligible Parishes

Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. John, St. Tammany, Tangipahoa, & Washington

Initial Statewide @ $ 1.11

Parishes @ $ 2.79

public assistance
PUBLIC ASSISTANCE

“Supplemental Federal Assistance provided under the provisions of the Stafford Act to State and Local Governments or certain eligible Private Non-Profit (PNP) Organizations other than Assistance for the direct benefit of Individuals and Families”

CODE OF FEDERAL REGULATIONS (CFR)

TITLE 44

SECTION 206

sequence of events
SEQUENCE OF EVENTS
  • Disaster Event
  • Local/State Assessment
  • FEMA/State/local Verification
  • Presidential Declaration
    • FEMA
  • Open the Disaster Field Office (DFO)
  • Applicant Briefing: Submit:
    • RPA (now);
    • W-9 Form-ASAP;
    • Applicant Assurance Form-ASAP;
    • Designation of Applicant Agents Form-ASAP
  • Kick Off Meeting
extent of federal funding
EXTENT OF FEDERAL FUNDING
  • COST SHARING: All projects are subject to the Provisions of the FEMA/State Agreement: 75-25(*)
    • (*) For Cat A & B, including Direct FederalAssistance at 100% Federal funding of the total eligible costs for a period up to the first 72 hours.
  • LARGE PROJECTS (CPI VALUE - $54,100): Funding is based on the Actual Cost Estimate
  • SMALL PROJECTS (CPI VALUE): Funding is based on the Approved Estimate
extent of federal funding options
EXTENT OF FEDERAL FUNDING - OPTIONS
  • OPTIONS:

1. Improved Project: Limited to the Federal Share of the Approved Estimate(GAR approval required)

2. Alternate Project: Limited to 75% of the Federal Share (permanent restorative work)(RD approval)

public assistance policy
PUBLIC ASSISTANCE / POLICY

“It is a requirement of the Stafford Act that, in the administration of the Public Assistance Program, Eligible Assistance be delivered as Expeditiouslyas possible Consistent with Federal Laws and Regulations”

THE STATE AGREES TO:

1. Make Subgrants within the Limits of the Stafford Act

2. Keep Subgrantees (applicants) informed of:

  • Status of Specific Projects
  • Estimate of when payments will be made

3. Provide Full Payment as soon as possible

public assistance who
PUBLIC ASSISTANCE / WHO
  • ELIGIBLE APPLICANTS

1. State Agencies

2. Local Governments

3. Indian Tribes

4. Eligible Private Nonprofit Operations / That provide essential type services to the general public (IRS Tax exempt)

private non profit pnp
PRIVATE NON-PROFIT (PNP)
  • Must provide essential services of a Governmental Nature to the general public
    • Medical
    • Custodial care
    • Educational
    • Emergency
    • Utility
  • Legal Eligibility
    • Tax exempt under Section 501(c),(d), or (e)
    • SBA processing for Non-Critical Services
local responsibility
LOCAL RESPONSIBILITY
  • Prepare a list of work performed by location.
  • Locate each site on a map.
  • Provide photographs etc. as required.
  • Ensure that the “local” expert formulates the Project or is part of the formulation Team.
local responsibility1
LOCAL RESPONSIBILITY
  • Be able to provide complete cost breakdown.
  • Have insurance coverage data available.
  • Determine if site will be repaired by either force account or contract.
  • Have copies of appropriate ordinances etc.
  • With any disagreement, be able to provide a statement of non-concurrence
audit procedures
AUDIT PROCEDURES
  • The Single Audit Act and appropriate OMB circulars dictate the audit requirements of local government and private non-profit organizations
  • Refer to OMB A-133 and Single Audit Act Amendments of 1996.
  • Any claimed expenses are subject to audit!
  • When all work is100%complete at the time the Project is written, this statement will be added: This project is 100% complete. The State at their discretion may accept this Project as final inspection on this project. This action will expedite project close-out and funding.
applicant s agent
APPLICANT’S AGENT
  • Authorized by local Governing body
  • Official point of contact
  • Responsible for Project Management
    • Contact for all official correspondence
    • Coordinates Damage inspection visits
    • Collects supporting Project documentation
    • Submits quarterly reports to the GAR
    • Ensures project completion
    • Submits Final Project Reports to the GAR
    • Provides support for final project Audit
public assistance for
PUBLIC ASSISTANCE / FOR
  • BASIC WORK ELIGIBILITY

If expense is incurred or an item of work is required:

1. As a result of a Declared Event

2. Work Is within Designated Disaster Area

3. Work Is the Responsibility of the Applicant

4. Not within Authority of another Program

general work eligibility
GENERAL WORK ELIGIBILITY
  • TIME OF DAMAGE - Damage must have occurred within the Incident Period
  • FACILITY USE - Must be Operational
  • INSURANCE - Deductible & Depreciation
  • IDLE TIME EQUIPMENT - Not Eligible
  • COST MINIMUM - Project(PW) at least $1,000
  • MAINTENANCE - Normal/Routine Not Eligible
hot items
HOT ITEMS
  • REGULAR TIME (FORCE ACCOUNT LABOR) FOR PERMANENT EMPLOYEES IS NOT ELIGIBLE FOR EMERGENCY WORK, BUT IS ELIGIBLE FOR PERMANENT WORK. REGULAR TIME FORCE ACCOUNT EQUIPMENT IS ELIGIBLE(Keep good records of all work)
  • ELIGIBILITY CRITERIA FOR ALL PNP’S HAS BEEN RESTRICTED TO THOSE PROVIDING ESSENTIAL GOVERNMENTAL SERVICE TO THE GENERAL PUBLIC
  • REVIEW FLOODPLAIN INSURANCE RULES
standards to be considered
STANDARDS TO BE CONSIDERED
  • Repair vs. Replacement
  • Must be in Writing
  • Must be Adopted PRIOR to the disaster
  • Uniform Application
  • If Existing / Must be Utilized & Enforced
standards
STANDARDS
  • Facilities will be restored to pre-disaster design. Present standards will be incorporated if:
    • They apply to the type of work required
    • Are adopted prior to the disaster
    • Apply to similar facilities and enforced if in effect before the disaster.
facilities under construction
FACILITIES UNDER CONSTRUCTION
  • Considered under appropriate work Category
  • Ownership must be established
  • If they are under the responsibility of the Contractor- They are not eligible
  • Insurance coverage must be applied 1st
  • Repair to Pre-disaster construction level for eligible work
methods to complete work
METHODS TO COMPLETE WORK
  • (1)FORCE ACCOUNT (DRM-2004 / p.73-76)
    • Employees
    • Equipment
    • Materials / Supplies
  • (2)CONTRACTS (DRM-2004 / p.74-76)
    • Competitive Bids
    • Prior approval by GAR / RD
    • Inspection of work
  • OTHER REQUIREMENTS (DRM-2004 / p.75-76)
    • Documentation
    • Equipment rates
    • Project Performance
    • Changes
project administration
PROJECT ADMINISTRATION
  • Documentation !!!
  • Responsibility of the subgrantee.
  • The Project Worksheet (PW)
    • Identifies the worksite(s)
    • Has a unique I.D. number
    • Specifies eligible costs / scope of work
    • Sets time limitations for completion
  • Only approved work is eligible
work documentation
WORK DOCUMENTATION
  • IMPORTANCE OF PROPER RECORDS
  • UTILIZE PHOTOGRAPHS & SKETCHES
  • ANTICIPATE PROBLEMS EARLY
  • ESTABLISH A WORKING FILE SYSTEM
  • HAVE A PRE-DISASTER PLAN
  • APPLICANT MAINTAINS ORIGINAL COPY
  • EXAMPLES OF IMPORTANT ITEMS:
    • Equipment logs & time records
    • Invoices & check nos. for all purchases
    • Rental equipment utilization
    • Copies of all Contracts & Bids
force account labor
FORCE ACCOUNT LABOR
  • Employee must be on your payroll
  • Payroll must show:
    • Pay period
    • Employee Name & Job Classification
    • Number of hours worked each day
    • Total hours worked for pay period
    • Rate of pay (Regular & Overtime)
    • Pay check number & Total earnings
    • Complete Activity sheets daily and place in the proper Project file.
force account equipment
FORCE ACCOUNT / EQUIPMENT
  • Record as Owned or Rented
  • Information Required:
    • Type and description
    • Date used
    • Number of hours used each day
    • Total hours used
    • Rate per hour- Force Account documentation
    • Copy of contract (Rented)
    • Repair costs are ineligible
  • Place all information in the Project file
project time limits
PROJECT TIME LIMITS
  • Each Project has a completion date computed from the declaration date:
    • DEBRIS REMOVAL - 6 months
    • EMERGENCY WORK - 6 months
    • PERMANENT WORK - 18 months
  • Start work in a timely manner
  • Costs incurred after completion deadlines may be questioned.
  • Applicant’s agent is responsible for monitoring the work and complying with the deadlines.
time extensions
TIME EXTENSIONS
  • Notify the GAR immediately if a time extension may be required.
  • Applicant’s agent must submit a written request to the GAR with the following:
    • Identify the Project by number
    • Justification for the extension
    • specify a new date for completion
  • The GAR will provide the applicant with a statement of approval or disapproval
damage categories
DAMAGE CATEGORIES
  • EMERGENCY WORK
    • Cat A / Debris Removal
    • Cat B / Emergency Protective Measures
  • PERMANENT WORK
    • Cat C / Road Systems
    • Cat D / Water Control Facilities
    • Cat E / Public Buildings & Equipment
    • Cat F / Public Utilities
    • Cat G / Parks, Recreational & Other
  • Project Grouping is allowed(vehicles/park)
cat a debris removal
CAT A - Debris Removal
  • Removal of debris from public & private lands & waters is eligible when necessary to:
    • Eliminate immediate threat to life, public health & safety, on private or public property.
    • Ensure economic recovery in the affected area.
    • Benefit community at large.
  • High paid Personnel - Specialists should not be paid to remove Debris (Their hours can be used with an average pay rate of all other workers doing that work)
  • Garbage Pickup (Routine Pickup NOT ELIGIBLE)
  • DRM-2004 (Red Book/ p. 65)
  • See LHLS/EP web site
cat b emergency measures
CAT B - Emergency Measures
  • Emergency Protective Levees - ELIGIBLE when used to protect the Public and Not to protect Individuals
  • Sandbagging & Emergency Pumping - ELIGIBLE
  • Safety Barricades & Signs - ELIGIBLE
  • Health & Safety Hazards - ELIGIBLE, but Vector Control must be Pre-Approved by Federal Health
  • Personnel Time / Salary Costs for Overtime for a Regular Employee and allSalary costs for an Extra Hire isELIGIBLE
  • Food & Shelter isELIGIBLE when provided by the applicant for the victims/ceases when Red Cross operations begins
cat c road systems
CAT C - Road Systems
  • Road Systems (DRM-2004 / p.68)

1. Repairs & Replacement- Cannot be Pre-Existing

2. Paving- Loss of Paved surface is ELIGIBLE

3. System Standards- Formal Adoption required

4. Beautification Items - NOT ELIGIBLE

5. Scheduled for Replacement- NOT ELIGIBLE

within 24 months)

6. Must be functional at time of the disaster

cat d water control
CAT D - Water Control
  • WATER CONTROL FACILITIES (DRM-2004 / p.69)

1. Levees & Dams- Projects written by Inspectors with comments from COE or Nat. Resources Conservation Service

2. Drainage Channels- Restore Pre-Flood Capacity

3. Natural Streams- Only Debris foreign to that Stream and Constitutes an Immediate Threat is ELIGIBLE

4. Seeding & Sodding- Used in Disturbed areasonly

5. Siltation-Review time of last Maintenance to determine amount caused by Disaster Event

cat e public buildings eq
CAT E - Public Buildings / Eq
  • PUBLIC BUILDINGS & EQUIPMENT (DRM-2004 / p. 70)

1. Restoration - Return to Predisaster Design in Accordance with current Codes & Standards

2. Extensive Damage-Repairs ELIGIBLE only when the building is structurally sound & feasible to repair

3. Relocation- If Totally Destroyed by Flood, then relocation from the Flood Plain will be studied

4. Insurance- Commercial Carrier Pays First,

Deductibles and Depreciation are ELIGIBLE

5. Equipment- Should be replaced with Used/Surplus

6. Supplies- Replaced to Predisaster Quantities

7. Vehicles- Project written t less insurance using Blue Book Value (includes Equip)

cat f public utilities
CAT F - Public Utilities
  • PUBLIC UTILITIES (DRM-2004 / p.71)

1. Electrical- Restore to Predisaster Condition in the most Economical manner (State Guidelines Red Book)

2. Sewer Collapse- Damage should be obvious / limited Inspection by TV may be eligible, but must be approved in advance. Cannot search for problems

3. Cleaning- Only eligible when necessary to restore proper functioning of the system in specific reaches

4. Revenues- Loss of Revenue is NOT ELIGIBLE

5. Loss of Inventory- Is ELIGIBLEwhen documented

cat g parks recreation
CAT G - Parks & Recreation
  • PARKS, RECREATION, & OTHER

(DRM-2004 p.72)

1. Trees- NOT ELIGIBLE

2. Grass- Normally NOT ELIGIBLE

3. Beaches- Permanent restoration on the Sand on natural Beaches is NOT ELIGIBLE

4. Public Park facilities and structures may be eligible.

insurance
INSURANCE
  • Required for all Insurable Facilities which incur damage in excess of $5,000/206.252(d)& 253(d)
  • No Assistance will be provided in future Disasters if required Insurance is notkept
  • Requirements shall apply Equally to PNP Facilities
  • Actual and Anticipated Insurance recoveries shallbe deducted from otherwise Eligible Costs
  • All applicant must comply with the new flood plain management regulations
flood insurance
FLOOD INSURANCE
  • For any insurable structure in a Special Flood Hazard area (100-Year Floodplain), FEMA will reduce eligible costs by the Maximum Amount of Insurance Proceeds that could have been obtained from a Standard National Flood Insurance Policy
  • Items still eligible for PA Funding are:
    • Deductibles
    • Items not insurable by a NFIP Policy
    • Damages in excess of maximum coverage
contract work
CONTRACT WORK
  • Ensure
    • Reasonable cost
    • Competitive bidding
    • Local preference
  • Avoid
    • Debarred or suspended contractors
    • Cost - Plus - Percentage - Of - Cost
    • Payment contingent upon federal reimbursement
    • See: www.epls.gov/
procurement standards
PROCUREMENT STANDARDS
  • Applicants will utilize their own rules as long as the rules conform with Fed. standards
  • Must maintain a contract administration system
  • Utilize written code of standards
  • Use Federal excess & surplus property in lieu of purchasing new equipment
  • Avoid duplicate purchases
  • Maintain records and documentation
methods of procurement
METHODS OF PROCUREMENT
  • Small purchase procedures
  • Sealed Bids
  • Competitive Bids
  • Noncompetitive Bids (sole source)
    • Can only be used when the award of a contract is infeasible(normal means) and the following apply:

(1) Item is only available single source

(2) An emergency exists

(3) After solicitation, competition insufficient

contract documentation
CONTRACT DOCUMENTATION
  • Copy of Bid Advertisement
  • List of Bidders
  • Copy of Contract Awarded - best value
  • Exception statement -to low bid (if required)
  • Invoices / Schedules of values - Annotated
    • Project Number / Date paid / & Check number
  • Record of inspections
  • Engineering services & costs
    • Procurement verification
    • Invoices describing service with date & $
cost overrun large project
COST OVERRUN/Large Project
  • Be sure Overrun is for approved work and does not exceed the Scope of Work
  • Report any potential Cost Overrun immediately to the State PAO in writing, include the following information:
    • Project Number
    • Justification
    • Amount
  • All Small Project costs Overruns will be processed through an Appeal after Project C/O
special considerations
SPECIAL CONSIDERATIONS

In response to recognizing the environmental & historic issues, the State and FEMA Region VI has initiated action to recognize these issues

special considerations1
SPECIAL CONSIDERATIONS
  • If we fail to accomplish this important function.
  • Non-compliance with the Environmental requirements could result in loss of potential funding for projects that could be eligible for funding.
  • We must follow the rules.
environmental review
ENVIRONMENTAL REVIEW
  • Requires compliance with all environmental and Historic Preservation Laws
  • Environmental review helps expedite compliance with Federal, State and Local laws
  • Hunting, fishing and historic buildings are significant to Louisiana’s economy
historic preservation
HISTORIC PRESERVATION
  • Structures (e.g. buildings, bridges and archeology sites) over 50 yrs old must be reviewed by FEMA for reimbursement
  • Emergency demolitions--tell us ASAP!
  • FEMA works with the State Historic Preservation Officer (SHPO) for compliance
  • Previously undisturbed areas (i.e. borrow site) require prior coordination with the SHPO
  • If archeological resources are uncovered, cease construction or work and notify the SHPO immediately
air quality
AIR QUALITY
  • Demolition of commercial, public or industrial facilities and 4 or more dwelling units require notification to the LA Dept of Environmental Quality (DEQ)
  • All friable asbestos must be removed and disposed in a recognized asbestos landfill by State certified individuals
  • Disaster Cleanup Request / Processing
air quality1
AIR QUALITY
  • Emergency Disaster Cleanup Site Request / Processing
  • Copy of Letter from Mr. Michael D. Vince and Form to completed and returned to Mr. Steve Aguillard
  • Require:
    • Specific contacts and location details
    • Quad map delineating the site
    • Mail or Fax completed form to DEQ
debris management
DEBRIS MANAGEMENT
  • Obtain permits prior to burning debris
  • Reduce debris volume wherever possible (e.g. grinding, chipping, burning, recycling)
  • Dispose debris in a permitted landfill
  • Do Not dump debris into open waters of any kind (including wetlands or floodplains)
  • Debris staging must be on an acceptable site; complete debris certification or get individual permits
  • See LHLS/EP web site: Debris info; and the Debris Hotline: (when activated)
coastal use permits
COASTAL USE PERMITS
  • LA Dept of Natural Resources (DNR) is the lead agency
  • Cooperative Agreement with COE, DNR, & DEQ
  • Clearing House for US COE Section 10 and 404 permits
  • Applicant is responsible for obtaining and complying with all permits
threatened endangered species
THREATENED & ENDANGERED SPECIES
  • Consider the affects of threatened or endangered species
  • US Fish & Wildlife Service is the primary contact for Federally listed threatened and endangered species
  • LA Wildlife & Fisheries is the primary contact for State listed species
  • Applicant must comply with all Federal & State endangered species laws
environmental documentation
ENVIRONMENTAL DOCUMENTATION
  • Maintain all permit documents
  • Maintain all correspondence and documents to support compliance with any environmental species conditions (For example - bald eagle nesting condition)

GUMBO

we have a declaration
WE HAVE A DECLARATION!
  • A Kickoff meeting is held
  • Opportunity to provide the following to the applicant:
    • What records to keep
    • Cost-estimating procedures
    • Review Validation and Project Grouping
    • Discuss Special Considerations and Appeal/Audit procedures
  • Good start is the Key
request for pa form
REQUEST FOR PA FORM
  • 2004 Red Book - p.60
  • A one page form
  • Information used to establish a Case Management File
  • Must be submitted within 30 days of the date the parish was declared!
project formulation
PROJECT FORMULATION
  • Following the Kickoff Meeting, the Applicant is responsible for identifying all damages and determining how to develop the work into projects.
  • Formulation allows for the consolidation of similar work items into projects.
  • Provides Flexibility and should expedite approval and funding.
project formulation team
PROJECT FORMULATION TEAM
  • FEDERAL REPRESENTATIVE
  • STATE REPRESENTATIVE
  • LOCAL REPRESENTATIVE
large projects
LARGE PROJECTS
  • Projects over $54,100
  • FEMA Project Officers (PO’s) will be assigned to each large project.
  • Project costs may be developed utilizing a Cost Estimating Format (CEF) that is based on standard industry factors.
  • Each large project is submitted on a separate PW
  • Funding to be made as each PW is approved
project worksheet
PROJECT WORKSHEET
  • You may include more than one damaged site on a worksheet.
  • The approved Project Worksheet is the basis for funding
the applicant s responsibility
THE APPLICANT’S RESPONSIBILITY
  • Documentation
  • Developing their own small projects
  • Providing complete project documentation:
    • Scope of work
    • Special considerations
    • Estimated/actual cost
    • Force account & contract costs
    • insurance information
    • regulation compliance
deadlines to meet
DEADLINES TO MEET
  • Request for Public Assistance - 30 Days
  • Following the Kickoff meeting - 60 days to report all damages
  • Completion of Emergency Work - 6 months
  • completion of Permanent Work - 18 months
  • Quarterly Reports until…
  • Final P.4 and Closeout

PROJECT

appeals
APPEALS
  • Must be submitted within 60 days after notification of a decision regarding assistance.
  • FEMA must render a decision within 90 days following receipt of all related information.
  • Regional Director (RD) will notify the GAR in writing of the disposition.
  • Subgrantees will receive written notification from the GAR.
  • Only 2 Appeals are allowed!
project closeout
PROJECT CLOSEOUT
  • Once the work has been completed, and all quarterly reports and payments have been made, Project closeout will be initiated.
  • A review all work may be accomplished by:
    • State representatives
    • FEMA representatives
    • FEMA OIG representatives
  • Once it is determined that records and documentation support the work and payments issued for eligible claims, supported by the signed P.4, the project will be closed.
follow up actions
FOLLOW-UP ACTIONS
  • Report all known damage to the Parish Emergency Manager / ASAP
  • Prepare for the arrival of FEMA / State Teams to write the (Projects)
    • Complete and turn in the Request for PA
  • Complete work and documentation
  • Applicant’s must provide either:
    • Quarterly Reports(unsigned P.4)
    • Completed P.4’s when work is completed
  • Prepare for Close-out inspection
how you can help
HOW YOU CAN HELP!
  • Make the Inspection Team aware of any know sensitive environmental issues when a Project is being written
  • Don’t hesitate to call the responsible agency for clarification or information
  • Make all environmental information available
  • Consider mitigation (Part 406)
  • Keep good records
for additional information
FOR ADDITIONAL INFORMATION

CONTACT ANY OF THE FOLLOWING:

  • STATE OFFICIALS (225) 925-7500 or 7501 fax
    • GAR / Colonel Michael L. Brown
    • SCO / Art Jones
    • Public Assistance Officer / John Gonzales
    • Hazard Mitigation / Col Jeff Smith
  • FEMA OFFICIALS
    • FCO / Ms. Sandy Coachman
    • PAO /
    • Hazard Mitigation /