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SANDY LEGISLATION. SANDY RECOVERY IMPROVEMENT ACT OF 2013. Gives Administrator the ability to adopt “Alternate Procedures” - minimum procedures required: Grants based on fixed estimates Alternate Projects without penalty Consolidated Projects
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SANDY LEGISLATION SANDY RECOVERY IMPROVEMENT ACT OF 2013 • Gives Administrator the ability to adopt “Alternate Procedures” - minimum procedures required: • Grants based on fixed estimates • Alternate Projects without penalty • Consolidated Projects • Estimated Cost Agreements – Applicant is responsible for any additional cost but may keep excess funds for projects that reduce future risk of improve future Public Assistance operations or planning • For projects over $5 million, Administrator shall make available an independent expert panel to validate estimated eligible cost • Acceptance of certified cost estimates prepared by professionally licensed engineers
SANDY LEGISLATION SANDY RECOVERY IMPROVEMENT ACT OF 2013 • Debris Removal • Grants on fixed estimates • Sliding scale for federal share to encourage timeliness • Use of program income for recycled debris without offset • Reimburse regular time force account labor • Incentive for pre-qualfied debris contractors • Retainage of estimated funds over actual cost for future debris removal activity, i.e. equipment purchase • Regular Time – allows for the reimbursement of regular time of government employees conducting emergency protective measures if the work is “not typical” to that employee AND it is work which can otherwise be performed by contract or MOA • Incorporates Fair Labor Standards
SANDY LEGISLATION SANDY RECOVERY IMPROVEMENT ACT OF 2013 • Alternate Dispute Resolution • Amount in dispute over $1 million • First Appeal required • Decision final • Applies written Agency policy • Admissible evidence limited to that in the First Appeal • Standard is “arbitrary, capricious, abuse of discretion”; clearly erroneous • If request is determined to be “frivolous”, applicant pays cost to FEMA
SANDY LEGISLATION SANDY RECOVERY IMPROVEMENT ACT OF 2013 • Hazard Mitigation Grants • Directs FEMA to expedite EHP reviews • Directs FEMA to work with other federal agencies so that only one review is necessary • Individual Assistance Grants • To improve temporary housing program, allows FEMA to directly enter into lease to house individuals and to make repairs to the lease property if necessary • Adds Child Care as an eligible expense under the “Other Needs Assistance” program