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This briefing provides information on the process for requesting public assistance for emergency work related to Tropical Storm Lee. It covers the elements of eligibility, administrative forms required, and eligible applicants, facilities, and work. Funding is available for emergency protective measures work only.
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PUBLIC ASSISTANCE APPLICANT’S BRIEFING Tropical Storm Lee EM-3340 Emergency Declaration
THE PROCESS • Presidential Declaration of Disaster Emergency • 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
BRIEFING OBJECTIVES • Request for Public Assistance • Administration • Elements of Eligibility
FEMA-3340-EM (Emergency Declaration) DECLARED for Emergency Work (Category B only): September 8, 2011 INCIDENT PERIOD: September 3, Ongoing, 2011 TROPICAL STORM LEE
EM-3340 DECLARED COUNTIES ADAMS DELAWARE MONTOUR BEDFORD FRANKLIN NORTHAMPTON BERKS FULTON NORTHUMBERLAND BLAIR HUNTINGDON PERRY BRADFORD JUNIATA PHILADELPHIA BUCKS LACKAWANNA SCHUYLKILL CAMBRIA LANCASTER SNYDER CARBON LEBANON SOMERSET CENTRE LEHIGH SULLIVAN CHESTER LUZERNE SUSQUEHANNA CLINTO LYCOMING TIOGA COLUMBIA MIFFLIN UNION CUMBERLAND MONROE WYOMING DAUPHIN MONTGOMERY YORK
“REQUEST FOR PUBLIC ASSISTANCE” PLEASE FILL IN NOW THESE WILL BE COLLECTED TODAY DEADLINE – November 7, 2011 RPA FEMA FORM 90-49
REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA • RPA = Request for Public Assistance • Turn in today • DAP-1 = “Agreement for Financial Assistance” • Legal Contract between the Applicant & PEMA • Pages 1, 6 and Attachment 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 & Attch G to PEMA • You will receive a complete copy or the fully executed document back • DAP-2 = Designation of Applicant’s Agent (Spokesperson) • Appointed by “Resolution of Governing Body”
REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA • DUNS = Duns and Bradstreet Number • Attachment G to DAP-1 • Federal Requirement • http://www.dnb.com/us/ • and click the “D&B D-U-N-S Number” link • PEPP = PA Electronic Payment Program Enrollment Form with SAP Vendor Number (Call # on form 717-346-2676) https://www.vendorregistration.state.pa.us/cvmu/paper/GranteeRegistration.aspx • Get these documents to PEMA. Mail or bring to Kick-off meeting and give to PEMA rep. Do not mail or give these forms to FEMA.
EMERGENCY DECLARATION Provides funding to eligible applicants for Emergency Protective Measures Work ONLY Federal share = 75% State share = 25% of project eligible amount
ELEMENTS OF ELIGIBILITY • APPLICANT • FACILITY • WORK • COST
County and Municipal Governments Municipal and other Authorities School Districts State Government Agencies Certain Private Non Profit Organizations PNP recreational facilities arenoteligible ELIGIBLE APPLICANTS
ELIGIBLE PNP APPLICANTS Private Non-Profits (PNP) that provide certain services of a governmental nature: • Fire / Emergency Services • Medical Care • Education • Power, Water, Sewer and Wastewater Utilities • Custodial care • Other Essential Governmental Services
ELIGIBLE PNP APPLICANTS Essential Governmental Services are: ▪ Museums ▪ Community Centers ▪Educational Institutions ▪Libraries ▪Homeless Shelters ▪ Shelter Workshops • ▪Rehabilitation Facilities ▪ Zoos ▪Senior Citizen/Daycare Centers ▪ Other PNP providing healthandsafety services of a governmental nature
ELIGIBLE FACILITY • Any publicly or PNP-owned building, works, system or equipment • Certain improved and maintained natural features • Must be located in a declared county and be the legal responsibility of an eligible applicant • Damaged as a result of this disaster event • Between September 3 and __, 2011
ELIGIBLE WORK • EMERGENCY WORK (EM-3340) • In the public interest to reduce or eliminate a threat to life, protect health & safety, and protect improved property: • Emergency Protective Measures • (Police/Fire/EMS/Public Works) • 6 Months to Complete - (March 8, 2012)
EMERGENCY PROTECTIVE MEASURES • Warning of risks and hazards • Search and rescue • Emergency evacuations • Emergency mass care • Protection for an eligible facility • Security in the disaster area • Provision of food, water, ice, and other essential items at central distribution points • Temporary generators for facilities that provide health and safety services • Rescue, care, shelter, and essential needs for household pets and service animals if claimed by a State or local government • Temporary facilities for schools and essential community services
EMERGENCY PROTECTIVE MEASURES • Emergency operations centers to coordinate and direct the response to a disaster • Demolition and removal of public and private buildings and structures that pose an immediate threat to the safety of the general public • Removal of health and safety hazards • Construction of emergency protection measures to protect lives or improved property (for example, temporary levees) • Emergency measures to prevent further damage to an otherwise eligible facility (for example, boarding windows) • Restoration of access • Inspections if necessary to determine whether structures pose an immediate threat to public health or safety
INELIGIBLE WORKTHAT WILL NOT BE REIMBURSED • Any Additional, unapproved work (Permanent Work is not eligible) • Private nonprofit recreationalfacilities • Damage caused by negligence • Pre-existing damage or deferredmaintenance • Engineering for damage assessment
ELIGIBLE COSTS Costs that can be directly tied to the performance of eligible work Costs must be reasonable and compliant with Federal, State and Local procurement and permitting requirements
ELIGIBLE COSTS - FORCE ACCOUNT • Labor & Fringe Benefits • Emergency Work • Permanent Employees - Overtime Only • Temporary Employees - All time • Permanent Work - All time • Document all fringe benefits using DAP-16 • Equipment • Applicant Owned - use FEMA EQUIPMENT RATES (link • on PEMA web site) unless your cost is lower • Rental - at reasonable rental rate • Materials - at applicant’s net cost • Contracts - reasonable cost
DIRECT ADMINISTRATIVE COSTS • Document any required administrative staff time in the office or at work site(s) • Written to individual project worksheets • Material, Equipment and Supplies • Staff time on PW preparation and writing • Staff time supervising project work and • Staff time for final inspection • Travel expenses • Different than Engineering Costs PEMA/FEMA will discuss with you
Contracting & procurement is the applicant’s responsibility Federal, state, and local contracting requirements may becircumvented for emergency work Costs - reasonable and for eligible work No “cost plus” or contingency contracts Davis-Bacon DOES NOT apply - any state rate requirements do apply ELIGIBLE COSTS - CONTRACTS
REQUEST PUBLIC ASSISTANCE PLEASE TURN IN YOUR REQUEST FOR PUBLIC ASSISTANCE NOW
PROJECT WORKSHEET • Description of Damages & Dimensions • Scope of Work – completed work and work to be completed • Assigns Eligible Costs to your Eligible Work (is basis of grant) • Applicant assists the FEMA Project Specialist prepare PWs • It is your responsibility to ensure PWs are written to cover all your damages • Location & description of damage (Make a list and check it twice – tell FEMA at Kick-off and Exit Meetings) • Special Considerations issues that may add eligible costs • Insurance • Exit Interview–Exit Checklist (FEMA requirement for you to sign-off on so make sure PWs were written for all damages) • Your Copy is a Draft • Changes to PW may occur during FEMA QA/QC and State review • Final approved copy will be mailed
SCOPE OF WORK • PW Scope of Work is “Gospel” • Anychangesforanyreason: • Need to be submittedinwritingto PEMA • ApprovedinwritingbyFEMA • IfnotapprovedbyFEMA, you may not receive your submitted reimbursement • VERBAL agreements are NOT valid • Unapproved changes will not be eligible for funding
SMALL & LARGE PROJECTS • For this disaster: • A “Small Project” is <$63,900 • A “Large Project” is >$63,900
SMALLPROJECTS The minimum project amount is $1,000 • Federal share is paid on project approval • Document your actual work and costs • for each project • State Final Inspection & Program Review • of all small projects if overrun claimed • State Share paid when all small projects • are completed
LARGEPROJECTS • Funds may be released as costs are incurred • - Applicant submits DAP-9 w/invoices to PEMA • - Minimum of $10,000 requested • Maximum draw = 75% of eligible PW amount • Quarterly Progress Status Reports required • Final Inspection & Program Review by FEMA • Final reimbursement = actual eligible cost
PROJECT FUNDING • Approved funds are electronically • transferred to your account • Any interest over $100 annually • must be reported and returned to • FEMA
SPECIAL CONSIDERATIONS • Environmental (NEPA) • Historic • Floodplain • Wetlands, Endangered Species • Hazardous Materials • Hazard Mitigation at damaged site • Insurance • Codes & Standards
ENVIRONMENTAL & HISTORICAL • Endangered Species Act (ESA), 1973 • http://www.fws.gov/endangered/consultations/index.html
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
INSURANCE • If caused by flood, an insurablestructure in the • floodplain will be treated as if fully insured under • NFIP – FEMA will deduct maximum NFIP proceed • available from eligible project amount • If eligible cost is over $5,000, insurance for peril • causing damage is required before payment • If you contest the floodplain, you must submit • in writing as a map revision
COST OVERRUNS Contact PEMA when you find that your project costs are going to be more than 10% over the PW approved amount Example: PW is approved for $100,000 Lowest bid comes in at $110,000
GRANT CLOSE-OUT Send the PEMA DAP-12 form to PEMA NLT 60 days after all of your work is completed • Reports actual cost for eligible work • Certifies work is complete & all costs paid • Requests final inspection & program review for: • All Small Projects - submitted on one report • All Small Project with a cost overrun - on one report • Large Project - submitted individually • Required Disbursement/Reimbursement of Funds
OTHERTHINGS • Appeals - 60 days from notice of action for appeal • Send to PEMA with compelling details • 1st Appeal - to FEMA R3 Regional Administrator • 2nd Appeal - to FEMA HQ Associate Director • Codes and Standards - must be approved • and in effect before disaster is declared • PEMA-Bureau of Recovery and Mitigation-Public Assistance Division is your primary contact for questions or issues
REMEMBER • Only paid for damages caused by this disaster • plus mitigation and eligible codes & standards • Written approval necessary for any changes • FEMA must deduct insurance and any • payments from other sources • PWs completed timely = money to you quickly • Keep records for all work and costs separately • for each project worksheet (PW) – makes • closeout much easier for all concerned
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 • DUNS NUMBER (Attachment G to DAP-1) • PEPP = PA Electronic Payment Program Form • with SAP Vendor Number • Get these documents to PEMA
BRING TO KICK-OFF MEETING • Records of all work and costs to date & • estimates for incomplete or future work • Location, description, and dimensions of all • emergency work and damaged facilities • Manager, Financial and Public Works staff • may attend – who has the information and • who will be doing the paperwork? • 30 days from meeting, you must have • reported ALL incident related damages
TIME LINE • 30 days from declaration (11/2/11) (EXTENDED) - submit RPA • 30 days from kick-off (xx/xx/11) - report ALL disaster related damages • 6 months from declaration (3/8/12) - all emergency work (Category B) completed
DOCUMENTS REQUIRING APPLICANT AGENT SIGNATURE • PEMA Forms • DAP-1 Original signatures required ! • DAP-2 • DAP-9 • DAP-11 • DAP-12 • Note: • Applicant Agent signature CANNOT be delegated – they must sign
MOREINFORMATION • PEMA • Public Assistance • 2605 Interstate Drive, Harrisburg, PA 17110 • Phone: 800-635-9692 • Email: Chris Evans at chrevans@pa.gov • Website: http://www.pema.pa.gov • Latest Disaster Update Information • Forms Library Link - Forms or Pamphlets • Applicant Handbook • FEMA • Website:http://www.fema.gov
LAST ITEMS Please do not leave before signing up for a Kick-off Meeting at the back table