Transcript Document 7363670
Arkansas Department of Emergency Management
Applicant’s Briefing
FEMA 4124-DR-AR
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
FEMA 4124 – DR – AR
• Incident Period – May 30, 2013- June 3, 2013 – Severe Storms, Tornadoes, Flooding – PA Declaration on June 25, 2013
• (Cleburne, Cross, Independence, Montgomery, Poinsett, Polk, Searcy, Scott, Stone, Van Buren, and Woodruff)
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Request for Public Assistance
•
Applicant’s official notification
•
Used to confirm applicant eligibility
•
Must be submitted within 30 days of declaration
•
Typically submitted at Applicant’s Briefing
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
PUBLIC ASSISTANCE GRANT PROGRAM
Supplemental financial assistance to state, local governments and certain private non-profit organizations for response and recovery activities required as a result of a disaster.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
LAWS-REGS-POLICIES
• Robert T. Stafford Disaster Relief and Emergency Services Act (STAFFORD ACT) – Law • Regulations ( 44 CFR Part 206) – Used to implement the Statute • Policies (9500 Series) – Used to apply the regulations and Statute • FEMA 321 – PA Policy Digest • FEMA 322 – PA Guide • FEMA 325 – Debris Management Guide
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
GRANTEE or SUBGRANTEE
Grantee - State or tribal government that is responsible for administering Public Assistance grants. Subgrantee - eligible applicant that receives a Public Assistance grant as reimbursement for performing eligible disaster work.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
COST WORK FACILITY APPLICANT
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
COST WORK FACILITY APPLICANT
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
ELIGIBLE APPLICANTS
State Government County Government City Government Certain Private Nonprofit Organizations Native American Tribes or Tribal Organizations
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Eligible Private Nonprofit Entities
• Educational • Medical • Custodial care • Fire/emergency • Utilities (power, water, sewer, etc) • Certain irrigation facilities
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Eligible Private Nonprofit Entities Must:
• Be tax exempt according to the IRS • Operate as nonprofit under State law • Request assistance for facilities used primarily for eligible purposes • Provide services of a governmental nature • Be open to the general public • PNP questionnaire must be filled out to determine eligibility
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
PNP FUNDING LIMITATIONS
• Critical Facilities: – Eligible for emergency & permanent work • Non-Critical Facilities (museums, libraries, zoos) – Eligible for emergency work – Must first apply to SBA for permanent work
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
COST WORK FACILITY APPLICANT
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Eligible Facilities
• Roads, bridges, and culverts • Drainage and irrigation channels • Schools, city halls, and other public buildings • Water, power, and sanitary systems • Airports • Parks
Arkansas Department of Emergency Management
ELIGIBILE FACILITY REQUIREMENTS
• Damaged as a result of a declared event • Located within a declared disaster area • The legal responsibility of an eligible Applicant • In active use at the time of the disaster • Not under the authority of another federal agency
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Ineligible Work
• Routine maintenance • Pre-existing damage • Work caused by lack of maintenance
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
COST WORK FACILITY APPLICANT
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
CATEGORIES OF WORK
• A - DEBRIS REMOVAL • B - EMERGENCY PROTECTIVE • C - ROAD SYSTEMS • D- WATER CONTROL FACILITIES • E- BUILDINGS & EQUIPMENT • F- UTILITIES • G- PARKS - RECREATIONAL - OTHER
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
EMERGENCY WORK
Category A Category B Debris Removal Emergency Protective Measures Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Category A Debris Removal
• Eligible – Storm Related Debris – In Public Right-of-way – Separated at the Right-of way/Curb • Not Eligible – Private Property (case by case, FEMA approval) – Unimproved Public Property – Stumps (50% Exposed) – Demolition – Concrete Slabs – Commercial Property – Vacant Lots – Routine Garbage/Trash Pickup
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Category A Debris Removal
• Overtime Only employees when using salaried/force account • Using temp hire employees • Leased Equipment w/operator • Contract –proper bidding procedures and
competitive bidding Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
DEBRIS MANAGEMENT
• Obtain authorization prior to burning debris (ADEQ/SHPO) • Debris staging must be on an acceptable site; complete debris certification or get individual permits.
• Provide locations of authorized debris sites.
• 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).
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Monitoring
• Type, Amount, and Location • Measure/Certify Truck Capacity • Load Tickets • Validate hazardous trees, hangers, leaners, and stumps – GPS & Pictures Required • Ensure trucks are accurately credited for load • No Mixed loads • Authorizations/Permits are obtained (ADEQ/SHPO) • Daily monitoring reports
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management Category B Emergency Protective Measures
• Examples – Emergency Debris Clearance (First Push, 70 hours) – Search & Rescue – Safety Barricades & Signs – Security Forces – Health & Safety Hazards – Emergency Protective Levees – Sandbagging & Emergency Pumping – Food & Shelter –When provided by the applicant – OT for Regular Employee and all salary costs for
an Extra Hire Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
DONATED RESOURCES
Volunteer Labor (In-Kind Match) – Applies to the Non-Federal Share of Emergency
Work Only (A & B)
– List of volunteers – Names, days, hours, location of work, and type of
work. Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
PERMANENT WORK Category C – G
Required to restore a damaged facility, through repair or restoration, to its pre-disaster design, function, and capacity in accordance with applicable codes and standards
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Permanent Work Categories
Category C: Roads and Bridges Category D: Water Control Facilities Category E: Buildings and Equipment Category F: Utilities Category G: Parks, Recreational, and Other
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Category C
Typical facilities include:
Roads Bridges Culverts/drainage structures
Not eligible:
Permanent repairs to Federal-aid roads (FHWA) Private and homeowners’ association roads Maintenance items
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Category D
Typical facilities include:
Dams and reservoirs Drainage and irrigation channels/facilities Levees/dams/flood channels
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Category E
Typical facilities include:
Schools, hospitals, jails, courts, and other buildings Building contents and systems Equipment and vehicles
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Category F
Typical facilities include: Water treatment and delivery Power generation and distribution Sewage collection and treatment Communications Not eligible: Lost revenue Increased operating expenses due to disaster
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Category G
Typical facilities include: Public recreational facilities: parks, pools, ball fields, playground Public cemeteries Improved and maintained beaches Facilities that do not fit Categories C-F Not eligible: Trees and ground cover, regardless of purpose Natural features and beaches Private non-profit owned parks and recreational facilities
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
ELIGIBLE DIRECT COSTS CAT C-G
• Salaries, wages and fringe benefits • Materials • Applicant owned equipment – FEMA Cost Codes • Rented equipment • Contract costs incurred for eligible work, including engineering/design services
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Categories C-G Codes and Standards
Five criteria:
1. Apply to the repair/ restoration work 2. Be appropriate to pre-disaster use 3. Be reasonable, in writing, and formally adopted and implemented prior to the declaration 4. Apply uniformly to all such facilities 5. Be enforced
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
SPECIAL CONSIDERATIONS for WORK
Environmental Requirements Threatened & Endangered Species Historic Preservation Special Flood Hazard Areas Hazard Mitigation Insurance
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
ENVIRONMENTAL REVIEW
Requires compliance with all Environmental and Historic Preservation Laws.
Environmental review helps expedite compliance with Federal, State and Local laws.
Examples – USACE 404/Nationwide, ADEQ Burn/STAA, and SHPO Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
COST WORK FACILITY APPLICANT
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Costs
• Must be reasonable and necessary • Must comply with standards for procurement • No duplication of benefits
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Force Account Labor
• • Actual costs incurred by the applicant Must be in summary form and timesheets must be submitted • Includes: Wages (regular and overtime) Compensatory Time Paid or credited fringe benefits
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Force Account Equipment
• Applicant owned equipment- hourly rate • FEMA schedule of equipment rates (cost codes) • State approved rates • Locally developed rates *Reasonable costs
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Force Account Materials
• Must be used for eligible work • Reimbursement based on: – Purchase price (original or replacement) or fair market value – Quantities taken from applicant’s stock
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Contracts
• • • Eligible if: Reasonable for the work completed Properly procured through local, State, and Federal procedures Small purchase- >$20,000 Sealed bid- preferred method Competitive proposals- more than one source submits offer Noncompetitive proposals Contractor is not debarred or suspended www.epls.gov
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Contracts (cont’d)
Acceptable types:
Lump Sum- clearly defined scope and total price Unit Price- item by item basis and cost determined per unit Cost + Fixed Fee- contractor fee added into price Time and Materials: should be avoided limited to initial 70 hours
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Contracts (cont’d)
Unacceptable types:
Cost + percentage of cost “Piggyback contracting”- expanding a previously awarded contract
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
CONTRACT WORK
• Ensure – Reasonable cost – Competitive bidding • Avoid – Debarred or suspended contractors – Cost + Percentage of cost – Payment contingent upon federal reimbursement
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
ADMIN ALLOWANCE
Direct Admin Costs
– Related directly to a Project Worksheet – Subgrantee – Documented costs only – Line Item in PW – Extra Hires for Projects
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
What is a Project Worksheet (PW)
• Identifies the Facility • Damage Description (DD) • Scope of Work (SOW) • Breakdown of Costs • Mitigation Proposal • Special Considerations • Environmental and Historical Preservation (EHP) • Conditions • Comments • Minimum project is $1000
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Kick-Off Meeting
– Conducted by the FEMA Public Assistance Coordinator (PAC) – Focus of specific applicant needs – 60 days to identify damages – 12 Months to identify alternate projects – ADEM Representative (Liaison) – PS (Project Specialist) – Mitigation – Environmental – Debris Specialist
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
TYPES OF PROJECTS
Small Projects – less than $67,500 Large Projects – $67,500 and above Alternate Projects – must request Improved Projects – must request
REMEMBER Failure to submit request to the state could result in loss of funds Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
SMALL PROJECTS
• Federal cost share is paid upon Project Worksheet (PW) approval/funds awarded.
• Actual Costs or Based on Estimates • Small Project Audits/Appeal • Overruns
NOT
allowed • Small Projects are considered
closed
at the time the Project is written. FEMA and/or State will conduct a random sampling of projects to validate overall completion.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
LARGE PROJECTS
• Federal cost share will be paid based on work completed – Applicant will submit large project funding request form with documentation of costs & payment for those costs as work is continued; state reviews & inspects & pays 75% of costs submitted. – Advances (Not to exceed 25% of Federal Share) • Quarterly Reports must be submitted for each large
project not complete. (October 1 – January 1 – April 1 – July 1) Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
IMPROVED PROJECTS
With state and FEMA approval, the applicant may restore pre-disaster function, and make improvements
Applicant is financially responsible Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
ALTERNATE PROJECTS
Funds used for a project other than repair of the damaged structure:
– Must first be requested from state – Must receive prior approval from FEMA – May Require environmental assessment – 10% reduction of FEMA funding from original project estimate
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management Project Formulation (Be Part of this process)
– Ensure that the “local” representative is part of the formulation Team. (Group Effort) – Damage/Site Visits (GPS & Pictures) – Documentation Review – PW Writing – PW Review (Signatures) – Exit Briefing
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
EMMIE
• Follow the progress of each PW • Review process • Mitigation eligibility • Types of permits/conditions required • When the funds awarded
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Sandy Recovery Improvement Act of 2013
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management Alternative Procedures for Permanent Work
• Allows for making grants on the basis of fixed estimates.
• Provides an option to receive an in-lieu contribution, without reduction, on the basis of estimates for repair, restoration, reconstruction, or replacement of a public facility. • Eliminates the penalty for alternate projects.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management Formulation and Management of Fixed Estimate Subgrants
• FEMA, the Grantee, and Subgrantee must agree on the eligible disaster-damage dimensions and description of work before completing the cost estimate. • A project worksheet should not be considered for alternative procedures unless all parties agree on damage and dimensions. • Agreement on the cost estimate of the fixed grant must be reached within nine months of the declaration date. If not, projects will be processed using standard procedures.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management Formulation and Management of Fixed Estimate Subgrants
• Either FEMA or the Subgrantee may prepare estimates for fixed estimate subgrants. • FEMA will prepare estimates by using the Cost Estimating Format (CEF).
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
• FEMA will consider cost estimates that: – Have been prepared by a professionally licensed engineer, mutually agreed upon by FEMA and the Subgrantee. – Are properly conducted and certified.
– Comply with regulations, policy, and guidance. • FEMA will review the Subgrantee’s estimate for validation purposes. It will not create a competing estimate .
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
• Once all parties agree, then a subgrant, or PW, can be written to capture the eligible damages • Subgrantee must, at a minimum, complete the scope of work identified in the PW. • Subgrantee is required to document actual costs and provide sufficient documentation that the scope of work was completed. • The Grantee must certify that the work has been completed in accordance with Federal standards.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
• If the approved fixed estimate is less than the actual cost for the subgrant, FEMA will not approve additional funds. • This varies from the standard procedure which allows a Subgrantee to request additional funding from FEMA in the event of an overrun.
• No cost overruns will be approved.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management Excess Funds
• If actual costs are less than the fixed estimated amount, the Subgrantee may use the excess funds for PA Program-related purposes.
• The Subgrantee will notify the Grantee in writing of its intent to use excess funds, including the intended scope of work and project timeline. • FEMA will prepare a new subgrant (PW) to document the use of these funds. • The Grantee and FEMA will review the request and determine eligibility for the funds.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
APPLICANT RESPONSIBILITIES
• Submit Request for Public Assistance (RPA) • Establish a file for each project separately.
• Maintain accurate accounting records for each project separately.
• Provide accurate information – List of damages – Photographs – Insurance Policies and other Settlement
(Statement of Loss)
– OT Policy – Hazard Mitigation Proposal – Copy of current codes and standards
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
• • •
Documentation
Establish and Maintain your records.
Create a file for each project.
Records Must be retained for 3 years after the entire disaster is closed.
Arkansas’ Homeland Security & Preparedness Agency 73
Arkansas Department of Emergency Management
PUBLIC ASSISTANCE FUNDING PROCESS
Where is our money?
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
FEMA 4124– DR – AR
• FUNDING – 75% Federal funds – 12.5% State funds – 12.5% Applicant funds • PNPs will receive 6.25% State funds (18.75% their cost
share) Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
STATE SHARE REQUEST
• State Share Request Form (Original is required) – All eligible work has been completed according to the Scope of work (PW) – All Federal Funds have been paid – All Large Project Quarterly Reports have been submitted – All Time Extensions have been received and approved – All documentation has been submitted/review for eligibility – All necessary audits of files have been completed – All necessary site inspections have been completed by ADEM and/or FEMA representatives – Turn around time is 60-90 days once inspection is completed
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
REQUIRED AUDITS
Single Audit
• If you spend $500,000+ of Federal grant funds in one (1) year.
• Is required by law.
•
Make sure to keep all documentation for three (3) years after notification from the grantee that the project application has been closed out.
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
TO AVOID LOSS OF FUNDING
Obtain all permits and clearances before you start construction/repairs for the following special considerations!!!
Information in:
Green Book
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
DECLARATION DATES
• Declared June 25, 2013 • RPA submitted by July 25, 2013
WORK COMPLETION DATES
• December 25, 2013(Category A & B) • December 25, 2014(Category C thru G) • Extension of time for project completion must be requested from ADEM
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
APPEALS
Any determination related to Federal assistance may be
appealed.
The time limit for appeal submission is 60 DAYS from receipt of notice of the action which is being appealed.
Much easier to fix a problem while FEMA is here .
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Applicant Briefing Packet
– Request for Public Assistance (RPA) • Deadline 30 Days from declaration date – Applicant – State Agreement – Designation of Applicant Agent – W-9 Form – Direct deposit or State Agency Transfer – PNP Questionnaire (PNPs Only)
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
FINAL REMINDERS
• QUARTERLY REPORTS • TIME EXTENSION REQUESTS • IMPROVED PROJECT REQUESTS • ALTERNATE PROJECT REQUESTS • CHANGE IN SCOPE OF WORK REQUESTS • PERMITS • CONTRACTS AND COMPETIVE BIDDING • DOCUMENTATION OF ALL COSTS
FAILURE COULD RESULT IN LOSS OF FUNDING Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
In Doubt or have Questions
CALL US or EMAIL
501-683-6700 [email protected]
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
Jodi Lee Clay Bewley Kyle Key
Arkansas’ Homeland Security & Preparedness Agency
Arkansas Department of Emergency Management
ADEM Attn: Recovery Branch Bldg. 9501 Camp JT Robinson N. Little Rock, AR 72199 501-683-6700 501-683-7892 (Fax)
http://www.adem.arkansas.gov
Arkansas’ Homeland Security & Preparedness Agency