NYSEMO

1. NYSEMO New York State Emergency Management Office Federal Emergency Management AgencyFEMA–1857-DR-NYPublic Assistance ProgramSevere Storms and FloodingDeclaration Date – September 1, 2009 Incident Period – August 8 – 10, 2009

2. Declaration Statusas of September 1, 2009 FEMA-1857-DR-NY Erie Cattaraugus Chautauqua Incident Period: August 8-10, 2009 Designated for Public Assistance Only

3. Key Personnel • Jaime E. Forero, FEMA Federal Coordinating Officer • John R. Gibb, SEMO State Coordinating Officer • PAL/PAC Team • County Emergency Managers • SEMO Region 5 Director: William Clark

4. Deadlines for Submission Request for Public Assistance days after declaration for submission October 1, 2009 30 Project Worksheets – Within days after Kickoff Meeting 60

5. Deadlines for Completion From the date of the declaration: September 1, 2009 Emergency work - 6 months (+ 6 months by NYS) Permanent work - 18 months (+ 30 months by NYS) Further extensions require approval by FEMA

6. Public Assistance 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. A S T M A E T F E L L O A C

7. The Public Assistance Process Disaster Event Funding State Declaration Applicant Validation PDA of Projects Applicant's Briefing Complete Submission Project of Kickoff Worksheets Request Meeting

8. Facility Applicant Work Eligibility Criteria ELIGIBILITY Cost

9. Applicants State County City / Town / Village Certain Private Non-Profit Organizations (PNP) Other State Political Subdivisions Native American Tribes and Tribal Organizations

10. Private Non-Profit Entities Critical • The following types of PNP facilities are eligible as Critical Facilities: • Fire/Emergency - Rescue • Emergency Medical Care • Utility – Power, Water, Sewer, WWTP, communications • Educational Institutions

11. Private Non-Profit Entities Non-Critical: Senior citizen day centers Libraries Day care centers Rehabilitation facilities Homeless shelters Community centers Shelter workshops And other PNP facilities when providing health and safety services of a governmental nature Must first apply for SBA loan, for the permanent work If denied, FEMA will fund. Emergency work is funded by FEMA

12. Facility Applicant Work ELIGIBILITY Cost

13. Facility • Damaged as a result of the declared event • Located within an area declared by the President • The legal responsibility of an eligible Applicant • In active use at the time of the disaster • Not under the authority of another federal agency Example: FHWA roads are not eligible

14. Facility Applicant Work ELIGIBILITY Cost

15. Emergency Work • Category A - Debris Removal Clearance, removal, storage, disposal • Category B - Emergency Protective Measures Access, protection, emergency services, eliminate hazards, support, highways & community needs 6 Month Completion Deadline March 1, 2010

16. Permanent Work • Category C - Road and Bridge Systems • Category D - Water Control Facilities • Category E - Public Buildings/Equipment • Category F - Public Utilities • Category G - Other (Parks, Recreation) 18 MONTH COMPLETION DEADLINE March 1, 2011

17. LIBRARY LIBRARY L IB RAR Y Eligible Permanent Work • Repair, restore or replace damaged facilities in accordance with regulations • Restore to pre-disaster design, capacity and function in accordance with applicable codes and standards • Damaged by the declared event • May include cost effective hazard mitigation measures

18. Facility Applicant Work ELIGIBILITY Cost

19. Cost Must have $1,000 eligible costs Reasonable and necessary Complies with federal, state, and local laws & regulations Insurance proceeds and purchase discounts must be deducted

20. Eligible Labor Costs • Force Account Labor plus Fringe Benefits Also travel and per diem for employees performing eligible activities

21. Equipment Perform Eligible Work Auto/Truck – Mileage or Hourly rate Other Equipment – Hourly Rate Stand-by Time Ineligible Intermittent Use Half Day or More = Full Day Less Than Half Day = Actual Hours

22. Equipment Rates • FEMA rates are used for determining project costs (estimating & comparing) • Local rates are used - If different than FEMA and established prior to the disaster

23. Materials • Purchased or stock • Used for eligible work • Invoices, historical data or area vendor quotes

24. Donated Resources Volunteer Labor: • Rate for volunteer labor = same rate (plus reasonable fringe benefits) paid for similar work within applicant’s organization. • If applicant has no employees performing similar work- Rate = with those ordinarily performing work in same labor market • Determination value of volunteer labor = Labor rate x Total number of volunteer labor hours Donated Equipment: • Determination value of donated equipment = Number of hours each piece of equipment in use x FEMA's equipment rate • Donations credit capped at non-federal share of emergency work (may apply toward certain portions of community's non-federal share of recovery costs)

25. Contract Costs • Incurred for eligible work only • Includes rental equipment

26. Contracts All Contracts reviewed on a case by case basis by PAL-PAC teams Competitive, fixed-procurement procedures arepreferred Lump sum contracts are acceptable • Easy to monitor when the scope of work is well defined. • Requires minimum labor for monitoring • Quantities do not have to be documented Time and material contracts should only be used for; • Emergency “hot spots” • Early debris rights-of-way clearance. • Must have a cap and must be monitored. • Generally accepted for first 70 hours of actual work

27. Ineligible Contracts • Cost-plus percentage of cost. • Contingent upon FEMA reimbursement • Contract with a debarred contractor.

28. Eligibility Test • Did the State, County or local government incur a cost from the actions taken? • Are invoices & costs submitted fair and necessary? • Documented request to provide assistance……. • Mutual aid • State Mission Assignment • Special Request

29. Types of Projects SMALL LARGE IMPROVED ALTERNATE

30. Small or Large Project? $64,200 max Small Projects are funded per estimate ************************* More than $64,200 Large Projects are funded per actual cost Applicant decides how to divide/group work projects

31. Large Projects Small Projects • Based on estimate written in Project Worksheet • Paid upon Project Worksheet approval • Paid based on percentage complete • Final payment will be based upon actual documented approved costs. • Progress payments may be requested by the Applicant. (up to 50% of original approved project estimate)

32. Improved Project • Must be identified to state in advance of project start • Facilities are planned to be restored with improvements • Federal funds are limited to federal share of estimated costs to restore facility to pre-disaster condition • If any portion of a project has Special Considerations issues, entire project is reviewed for Special Considerations.

33. Alternate Projects • Must be requested within 12 months of Kickoff Meeting • 75% - 90% of the APPROVED federal cost share of the original project • If Damaged Facility is abandoned – the site must be rendered safe and secure • Cannot have 406 (PA) mitigation funding • If any portion of a project has Special Considerations issues, entire project is reviewed for Special Considerations • Examples - Can be used for capital equipment • Expansion of other facilities • New facility at new location

34. Special Considerations Environmental Requirements Insurance Requirements Special Flood Hazard Areas Hazard Mitigation Historic Preservation & Cultural Resources

35. Ensure that all practical means are used to protect, restore, and enhance the environment Environmental Requirements New York State Department of State Local regulations also apply

36. Insurance Requirements Actual or anticipated insurance proceeds will be deducted from the eligible project costs for facilities that are insured. FEMA will require applicants to obtain and maintain insurance for future disaster damage

37. Floodplain Insurance Requirements If your facility is in a floodplain and you DO NOT have NFIP Insurance, the Project Worksheet (PW) will be reduced by an amount that would have been covered by the NFIP.

38. Flood Hazard Area Any project within or affecting the floodplain must be reviewed to ensure that it meets the requirements of the Executive Orders on Floodplain Management and the Protection of Wetlands. Coastal High Hazard Areas Coastal High Hazard Areas and areas covered by the Coastal Barrier Resources Act require Special Considerations review.

39. Hazard Mitigation Cost effective measures that reduce the potential for damages to a facility from a future event. OnlyPermanent Workis eligible for Hazard Mitigation

40. 404 Section Section Pre-disaster Disaster damage 406 New upstream retention pond Larger culvert with concrete wing-walls Hazard Mitigation Scenario

41. Historic Preservation • Property listed or eligible for listing on the National/State Register of Historic Places • May include buildings, landscapes, archaeological sites, or even bridges and water treatment plants • Sites may not necessarily be old but are important in local, state or national history • Requires special consideration under the National Historic Preservation Act.

42. The Project Worksheet and supporting documents Hazard Mitigation Proposal Procurement Policies Labor Mgmt contracts List of Damages or Expenses Insurance Policies Applicable codes and standards Maps Photos Project Worksheet Contracts Engineering Rentals Contractors Legal responsibility

43. Project Worksheet Damage description and location list with actual or estimated costs The PW Requires PW will include a comprehensive scope of work necessary to repair disaster damage. (all considerations should be looked at before finalizing estimate) A SPECIAL CONSIDERATIONS SHEET Identifying all special consideration issues.

44. What info is needed? • List of paid staff, regular and OT hours – dates and times, & Fringe Benefits info • List of equipment used, hours of operation – dates and times, miles driven, other records • List of materials and supplies used • Copies of any contracts used for this event

45. DUNS Number • The Federal Government has adopted the use of the DUNS number to track how federal grant money is allocated. • The DUNS number is a unique nine-character identification number provided at no charge by the commercial company Dun & Bradstreet. • Ask your Grant administrator or chief financial officer to provide your organization’s DUNS number. • If you do not have a DUNS number you can call 1 (866) 705-5711 or go to www.grants.gov/.

46. Funding Federal Share 75 % Non-Federal Share 25 % As of November 13, 2007 FEMA has discontinued the calculated administrative allowance for sub-grantees

47. Payment Process • Project Worksheet is written, approved and obligated by FEMA • The Federal and State share of funding for each project is calculated • Office of the State Comptroller directs funds to applicant via wire transfer

48. Payment Process (cont’d) • SEMO Finance sends letter to Chief Financial Officer • SEMO Public Assistance (PA) section sends Approved Project Notification (“Blue Book”) to the POC on the RPA either by “Blue Book” folder or electronically • Audits – All applicants must meet OMB A-133 circular Audit requirements or funding may be jeopardized.

49. Approved Project Notification Folder (SEMO “Blue Book”) • Sent to applicant’s agent when FEMA approves or disapproves a project • Includes a copy of the obligated Project Worksheet (PW); review carefully • Starts time clock for appeal of any FEMA decision • Includes the Project Completion P-4 form that needs to be signed and returned to SEMO DAO at completion of work

50. Appeals Any determination related to Federal assistance may be appealed. The time limit for appeal submission is 60 days from receipt of written notice of the action which is being appealed.