Document 7363670

Download Report

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 volunteersNames, 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

FUNDING75% Federal funds 12.5% State funds12.5% Applicant fundsPNPs 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 REPORTSTIME EXTENSION REQUESTSIMPROVED PROJECT REQUESTSALTERNATE PROJECT REQUESTSCHANGE IN SCOPE OF WORK REQUESTSPERMITSCONTRACTS AND COMPETIVE BIDDINGDOCUMENTATION 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