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PUBLIC ASSISTANCE

PUBLIC ASSISTANCE. APPLICANT’S BRIEFING Pennsylvania Severe Storms, Tornadoes and Flooding. THE PROCESS. Preliminary Damage Assessment Presidential Declaration of Major Disaster Applicant’s Briefing Request for Public Assistance (RPA) Kickoff Meeting Administrative Forms

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PUBLIC ASSISTANCE

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  1. PUBLIC ASSISTANCE APPLICANT’S BRIEFING Pennsylvania Severe Storms, Tornadoes and Flooding

  2. THE PROCESS • Preliminary Damage Assessment • Presidential Declaration of Major Disaster • Applicant’s Briefing • Request for Public Assistance (RPA) • Kickoff Meeting • Administrative Forms • Project Formulation & The Project Worksheet • Project Worksheet Approval (FEMA & PEMA) • Project Worksheet Funding (FEMA & PEMA) • Project Completion / Final Inspection / Closeout

  3. BRIEFING OBJECTIVES • Applicant Eligibility • Request for Public Assistance • Facility & Work Eligibility • Cost Eligibility • How to Prepare Claim Packet

  4. FEMA -4149- DR – PA DECLARED for Public Assistance: October 1, 2013 INCIDENT PERIOD: June 26, 2013 thru July 11, 2013 Severe Storms and Flooding

  5. PUBLIC ASSISTANCE The Declared Counties Centre Huntingdon Clearfield Jefferson Clinton Lawrence Crawford Venango Fayette Wayne

  6. PUBLIC ASSISTANCE “REQUEST FOR PUBLIC ASSISTANCE” PLEASE FILL IN NOW THESE WILL BE COLLECTED TODAY DEADLINE – November 17, 2013

  7. Provides funding to eligible applicants for Emergency Work and for Permanent Restoration of damaged facilities related to this Presidential Major Disaster Federal share = 75%, State share = 25% PUBLIC ASSISTANCE

  8. ELEMENTS OF ELIGIBILITY • APPLICANT • FACILITY • WORK • COST (Minimum $1,000)

  9. ELIGIBLE APPLICANTS • State Government Agencies • County and Local Governments • Municipal and other Authorities • School Districts • Certain Private Non Profit Organizations • PNP recreational facilities arenoteligible

  10. ELIGIBLE PNP APPLICANTS Critical Services Private Non-Profit (PNP) facilities that provide the following critical services are eligible for Public Assistance: • Fire / Emergency Rescue • Power, Water, & Sewer Utilities • Medical Treatment • Communications Systems • “Non-critical” PNP Applicants must apply to SBA for permanent work (Categories C to G)

  11. ELIGIBLE PNP APPLICANTS Essential Services Private Non-Profit (PNP) facilities that provide the following essential services Are eligible for Public Assistancefor emergency work. However, the PNP must first apply to the Small Business Administration (SBA) for a disaster loan for permanent repair work before applying to FEMA. ▪ Museums ▪ Community centers ▪ Educational institutions ▪ Libraries ▪ Homeless Shelters ▪ Rehabilitation facilities ▪ Zoos ▪ Shelter workshops ▪ Senior citizen/Day-care centers ▪ Other facilities that provide health and safety service of a governmental nature

  12. Required Administrative Forms No Funding until Completed and Received by PEMA • RPA = Request for Public Assistance • On line or turn in today • DAP-1= “Agreement for Financial Assistance” • Legal Contract between the Applicant & PEMA • Pages 1, 6 and Attach G need your information • Signed by the Applicant’s Agent and witnessed • ORIGINAL, INKED signed document is to be sent to PEMA • Save postage, send only pages 1, 6 & Attach G to PEMA • You will receive a properly executed, full copy back • DAP-2 = Appoints the Applicant’s Agent, Spokesperson • Many will need a “Resolution by Governing Body” Some can use their President or Director • PEPP = PA Electronic Payment Program Enrollment Form

  13. PEPP (Electronic Funds Transfer) Form SAP Vendor Number https://www.vendorregistration.state.pa.us/cvmu/paper/GranteeRegistration.aspx DAP-1 Attachment D- Restrictions on Lobbying DAP-1 Attachment G- Duns and Bradstreet (DUNS) Number Federal Requirement http://www.dnb.com/us/ and click the “D&B D-U-N-S Number” link. Get these documents to PEMA All of these are on our web site with examples Required Administrative Forms No Funding until Completed and Received by PEMA

  14. ELIGIBLE FACILITY • Must be owned by the eligible applicant and located in a declared county - or - • Must be the responsibility of an eligible applicant and in a declared county • Must have required emergency repair to protect t he health and safety of the public • Not covered by insurance

  15. ELIGIBLE WORK - MUST BE • Required as a result of this Disaster • Performed within a Presidentially declared County • The legal responsibility of an Eligible Applicant and not the responsibility of another party

  16. ELIGIBLE WORK • EMERGENCY(when in the public interest to eliminate or lessen threat to life, property) • Debris Removal • Emergency Work (Mostly Police & Fire) • 6 Months to Complete (4/1/2014) • Alternative Procedures – Federal sliding scale • PERMANENT(restore disaster damaged facility to pre-disaster design/capacity/function) • Roads & Bridges, etc. • Water Control Facilities & Water/Sewer • Buildings, Vehicles & Parks • 18 months to Complete: (4/1/2015)

  17. ELIGIBLE COSTS Costs that can be directly tied to the performance of eligible work are generally eligible. Costs must be reasonable and compliant with Federal, State and Local procurement and permitting requirements

  18. ELIGIBLECOSTS “FORCEACCOUNT” • Labor & Fringe Benefits • Emergency Work • Category A • Permanent Employees - Overtime Only • UNLESS Alternative Procedures are selected • Temporary Employees - All time • Category B • Permanent Employees - Overtime Only • Temporary Employees - All Time • Permanent Work - All time

  19. ELIGIBLECOSTS “FORCEACCOUNT” • Equipment (applicant owned) at FEMA rates (unless applicant’s established rate is lower) – FEMA rates include use, fuel, insurance, depreciation, etc. – all inclusive cost • Materials at applicant’s net cost • Contracts

  20. DEBRIS REMOVAL • Monitored • Must Have Known Quantities • Known Locations • Where it came from - Eligibility • Where it was taken • Permits • Consult Debris Fact Sheet

  21. STREAM DEBRIS • Emergency debris removal measures required to eliminate the immediate threat to life or improved property. • Each site should be evaluated independently and decisions made based on surrounding conditions and impacting factors. • Gravel bars, Stream bank restoration and re- channelization of channels in natural areas are generally not eligible - unless there is an immediate threat to improved public or private property.

  22. WOODY DEBRIS Hazardous Trees, Limbs, and Stumps FEMA will validate that the applicants actually performed the work for which they request reimbursement • Clear documentation of the immediate threat posed to public right of way areas or improved property and the scope of work required to remove the immediate threat • Before, during and after photographs of hazards • GPS coordinates of each tree or stump and nearest street address establishing location • Hazardous trees must be six inches or greater in diameter • Hazardous limbs must be greater than two inches in diameter • Hazardous stumps must be greater than 24 inches in diameter • Hazardous stumps: document the quantity of material required to fill the resultant hole This documentation is not required during the emergency debris clearance phase when crews are clearing roads and providing access to critical facilities.

  23. APPROVED SCOPE OF WORK • Approved PW Scope of Work is Gospel • Use it to guide your bid specs • Any changes for any reason need to be submitted in writing to PEMA and approved in writing by FEMA – IF NOT, you may not receive full reimbursement • VERBAL agreements are NOT valid • Un-approved changes, made by your engineer, will not be eligible for funding

  24. ELIGIBLECOSTS “CONTRACT” • Reasonable and Necessary for your Approved Project’s Scope of Work • Follow all Federal, State, and Local Contracting and Procurement Laws • handout in packet • Contracting & Procurement is the Applicant’s Responsibility • No cost plus or contingency contracts • Davis-Bacon does NOT apply • State prevailing wage does if applicable

  25. ELIGIBLE COSTSEngineering • Directly associated with the actual work • Based on a cost curve on cost of eligible work, special services and special inspections. • Improvements from “My Professional Opinion” are not eligible unless backed by a eligible code & standard. • Document final engineering costs based on: • Design and Specifications • Construction Supervision • Final Inspection

  26. INELIGIBLE WORKTHAT WE WILL NOT PAY FOR • Any Additional, Non-Approved Work • The extra cost to replace a one lane bridge • with a two lane bridge (probably) • Improvements not required by codes and standards • Private nonprofit recreationalfacilities • Damage caused by negligence • Pre-existing damage &deferred maintenance • Engineering for damage assessment

  27. PUBLIC ASSISTANCE PLEASE TURN IN THE REQUEST FOR PUBLIC ASSISTANCE

  28. Description of Damages & Dimensions Scope of Work to restore the Facility Assigns Eligible Costs to your Eligible Work Applicant assists the PAC team prepare PWs Location & description of facility Special Considerations or codes and standards issues that may add cost Hazard Mitigation for the project Insurance Your Copy is a Draft Changes to PW Approved PW will be mailed to you Exit Interview – Exit Checklist PROJECT WORKSHEET

  29. SMALL & LARGE PROJECTS • A “Small Project” is < $68,500for this disaster • A “Large Project” is > $68,500for this disaster

  30. PROJECT FUNDING • Approved funds are electronically transferred to your account • Account should be non-interest bearing account • Any interest over $100 must be reported and returned

  31. SMALL PROJECTS The minimum project amount is $1,000 • 100% project approved cost paid on project approval • Document your actual work and costs for each project • State final inspection of ALL small projects at one time • Total project review if net overrun is claimed

  32. LARGE PROJECTS • Funds released as costs incurred, requested by Applicant on DAP-9 w/ Invoices. Increments of $10,000 • Maximum interim draw down payment = • 75% of Eligible Amount • Quarterly Progress Reports • Federal Final Inspection & Program Review • Final reimbursement = actual eligible $

  33. OTHER TYPES OF PROJECTS • Improved = restored original function + you made it bigger or better than pre-disaster • Funding is limited to original approved PW amount • FEMA pre-approval, in writing, is required • Example: Small bridge to large bridge • Alternate = function not restored - you use the funding for another project • FEMA pre-approval, in writing, is required - funded at 90% - or - 100% if applicant agrees to alternate procedures • Prior Environmental & Historic reviews must be completed • Submit for approval ASAP • Examples: Abandon the old destroyed bridge and buy a new tractor, police car or roof on municipal building

  34. Direct Administrative Costs Charged to Individual Approved Projects Document – Document - Document • Any staff time at work site(s) • Material, Equipment and Supplies • Staff time on PW preparation and writing • Staff time supervising project work • Staff time for final inspection • Travel expenses PEMA/FEMA will discuss with you

  35. SPECIAL CONSIDERATIONS • Environmental (NEPA) • Historic • Floodplain • Wetlands, Endangered Species • Hazardous Materials • Hazard Mitigation at damaged site • Insurance • Codes & Standards

  36. ENVIRONMENTAL & HISTORICAL • Endangered Species Act (ESA) of 1973 • http://www.fws.gov/endangered/consultations/index.html

  37. HAZARD MITIGATION IN Public Assistance • Particularly Repetitively Damaged Sites • Reduce or eliminate future damages at a disaster damaged facility • Must be Cost Effective • If FEMA approves, cost is eligible for PA funding • Can be up to 15% of project cost except for specified pre-approved 100% list • Discuss your concerns/ideas at Kick-off • Here’s your chance to really fix it

  38. POSSIBLE HAZARD MITIGATION PROJECTS • Upsizing a repetitively damaged pipe one size • One-way valves or drains stoppers • Raising utilities • Constructing berms • Larger rip-rap

  39. INSURANCE • All Insurance payments must be deducted from eligible costs • The deductible is an eligible cost • FEMA will pay for eligible work not covered by insurance • Provide PEMA with a copy of the policy declaration page plus the claim and response from the insurance carrier • Must Obtain and Maintain Insurance

  40. INSURANCE • If caused by flood, an insurable structure in the floodplain will be treated as if fully insured under NFIP. Deduct maximum NFIP available from eligible amount • If eligible cost is over $5,000, insurance for peril causing damage is required before payment • If you contest the floodplain, you must do it in writing as a map revision.

  41. CODES & STANDARDS ALL 5 BELOW MUST BE SO • Apply to the type of repair or restoration • Be appropriate to the pre-disaster use of the facility • Be reasonable, written, and formally adopted before the declaration date • Apply uniformly to all similar types of facilities in the jurisdiction • Have been enforced since enactment

  42. COST OVERRUNS Contact PEMA when you find that your project costs are going to be more than 10% of the PW approved amount. Ex: PW is approved for $100,000 Lowest bid comes in at $110,000.

  43. GRANT CLOSE-OUT Send the PEMA Form DAP-12 to PEMA NLT 60 days after all of your work is completed • Reports actual cost for eligible work • Certifies work is complete & costs paid • Requests final inspection & program review for: • Aggregate Small Project with a cost overrun • Required Disbursement/Reimbursement of Funds • Call PEMA for Assistance

  44. OTHERTHINGS • Dispute Resolutions - 60 Days from Notice • Send the to PEMA with details • Regional Director - FEMA • Associate Director - FEMA HQ • New Dispute Resolution Procedures • Codes and Standards - must be approved and in effect before disaster is declared • PEMA-PA is your primary contact for questions or issues

  45. REMEMBER • We only pay for disaster caused damage (+mitigation and codes & standards) • Written approval of any changes • We must deduct insurance and any payments from other sources • NFIP mandatory reductions are deducted • PWs done fast = money to you fast • Keep records of all work and costs for each Project Worksheet (PW)

  46. ABSOLUTELY REQUIRED FORMS • RPA • DAP-1 = “Agreement for Financial Assistance” • Legal Contract between the Applicant & PEMA • Signed by the Applicant’s Agent • You will receive no funding until a properly executed original inked version is received by PEMA • DAP-2 = “Resolution by Governing Body” • Appoints the Applicant’s Agent • PEPP (Electronic Funds Transfer) Form • DUNS Number • SAP Vendor Number • Get these documents to PEMA

  47. PAST DISASTER DOCUMENTS No funds for this disaster will be released until all previous delinquent disaster requirements are met, to include: • Insurance Commitments - DAP-21* • Quarterly Progress Reports - DAP-11 • Project Completion Reports - DAP-12* • Required Reimbursement of Funds • *Excluding projects on time extensions

  48. Sign up for the Kick-Off meeting and bring: • Records of all work and costs to date & estimates for incomplete work • Location, Description, and Dimensions of all Damaged Sites & Emergency Work • Manager, Financial, & Public Works persons attend • 60 days from meeting to report incident related damages

  49. MORE INFORMATION • PEMA - Public Assistance Office • 2605 Interstate Drive, Harrisburg, PA 17110 • 1-800-635-9692 • Website - http://www.pema.state.pa.us • “Latest Disaster Update Information” • Form Library Link - Forms or Pamphlets • Applicant Handbook • email to: Chris Evans at chrevans@pa.gov • FEMA • Website - http://www.fema.gov

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