Public Assistance Applicant Briefing

1. Public Assistance Applicant Briefing Hurricane Florence September 14, 2018 FEMA-4393-DR-NC

2. Agenda Public Assistance Applicant Briefing • Event Details • Public Assistance Program Overview • Direct Administrative Costs • Public Assistance Alternative Procedures • Procurement Using Federal Guidelines • New FEMA PA: • Policy Guide • Delivery Model • Grants Portal • Important Dates • Required Documents • Audit & Reporting Requirements

3. EventDetails Public Assistance Applicant Briefing • Disaster #: FEMA-4393-DR-NC • Incident Type: Hurricane • Declaration Date: 9/14/2018 • Incident Period: September 7 – 29, 2018 • Declared Categories of Work: A – G

4. State of North Carolina FEMA-4393-DR-NC Counties Declared C Alleghany u r r Northampton C i t Gates a Ashe Surry u P c Person m Caswell Stokes Rockingham k Vance a d Warren s e q Granville P n u Hertford e o r t q a u Halifax n i Watauga k m Wilkes a C n Yadkin h s o Forsyth w Bertie M a Franklin Guilford Orange n i Alamance Avery t c h Durham e l l Alexander Caldwell Nash Davie Yancey Edgecombe Madison Martin Washington Davidson Wake Iredell Tyrrell Dare Burke Chatham Wilson Randolph McDowell Catawba Pitt Buncombe Rowan Beaufort Haywood Hyde Swain Johnston Lee Lincoln Greene Rutherford Cabarrus Henderson Graham Harnett Moore Jackson Stanly Wayne Gaston Polk Cleveland Montgomery a i n Lenoir a Craven Mecklenburg v Macon l y s Cherokee n a r T Pamlico Cumberland Clay Sampson Richmond Jones Hoke Union Anson Duplin Scotland Onslow Carteret Bladen Robeson Pender *RPA Deadline Extension Dates: New Columbus Hanover ALL COUNTIES - Due Nov 16, 2018 Brunswick Allegany, Anson, Ashe, Cabarrus, Chatham, Dare, Granville, Montgomery, Person, Randolph, Stanly, Union, Yancey Beaufort, Bladen, Brunswick, Carteret, Columbus, Craven, Cumberland, Duplin, Greene, Harnett, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Moore, New Hanover, Onslow, Pamlico, Pender, Richmond, Robeson, Sampson, Scotland, Wayne, Wilson

5. Provide grants to eligible State and local governments, and certain private non-profits, to assist with the cost of responding to and recovering from disasters. Public Assistance Program Objective Public Assistance Applicant Briefing

6. Building Blocks of Eligibility Public Assistance Applicant Briefing COST reasonable, necessary WORK same as facility FACILITY legal responsibility of applicant, in damage area, direct result APPLICANT State and local government, federally recognized Indian Tribes, certain PNPs

7. Under a new rule in Public Assistance, Houses of Worship (HOW) may be eligible, provided the HOW has been granted tax exemption under Sections 501(c), (d), or (e) of the Internal Revenue Code of 1954, or though the North Carolina Secretary of State. A House of Worship that meets the aforementioned requirements may be eligible for reimbursement of their costs under the FEMA Public Assistance program. As with any non-critical PNP, and before seeking funds from the FEMA PA program, Houses of Worship must first apply to the Small Business Administration (SBA) for a low-interest loan. Houses of Worship Public Assistance Applicant Briefing

8. Public Assistance Applicant Briefing

9. CATEGORIES OF WORK Permanent Work Emergency Work A: Debris Removal C: Roads & Bridges B: Emergency Protective D: Water Control Facilities E: Buildings & Equip. F: Utilities G: Parks, Recreation Emergency Work (Categories A & B) • 6 mos. from declaration date to complete • Category A: regular & overtime eligible (Debris Pilot) • Category B: overtime only eligible Permanent Work (Categories (C-G) • 18 mos. from declaration date to complete • Overtime and regular time are eligible

10. Public Assistance Applicant Briefing Large vs. Small ProjectsMinimum amount of eligible Project Worksheet: $3,140 • Small projects: Less than $125,500 • Small project funding is fixed & paid as obligated, whether written on estimated or actual cost • Exception: verification of actual insurance proceeds • Large projects: Greater than $125,500 • Reimbursable on actual cost • Request for Reimbursement • Monthly Progress Report • Final Inspection required

11. Completed Small Project Certification Key Points: • For small Cat B-G completed work projects, subrecipients can submit summary cost documentation and certify that it has met eligibility criteria in accordance with FEMA rules in place of all detailed supporting documentation (such as timesheets, work/activity orders, receipts, invoices, etc.) • FEMA develops projects based on the certification and cost summaries provided • Not applicable to Cat A projects, completed work projects greater than $125,500, or any projects with incomplete work

12. Project Worksheet Public Assistance Applicant Briefing • Used to document eligible damages, scope of work, and cost estimate • Special considerations could affect the scope of work (e.g., environmental, flood plain, historical, insurance) • Insurance requirements – obtain and maintain. • Insurance is always a consideration in PW’s to avoid duplication of benefits • Identify 406 Hazard Mitigation opportunities

13. Types of Eligible Costs Public Assistance Applicant Briefing • Force Account Labor • Force Account Equipment • Materials • Contract Work • Rented Equipment

14. Force Account Labor Public Assistance Applicant Briefing • Provide a copy of personnel policy and a sample of time sheets • Category B: overtime only • Categories A, C-G: regular & overtime (Cat A = SRIA Pilot) • Fringe benefits are eligible • Overtime is paid based on personnel policy • Reassigned employees paid at their regular rate of pay • Overtime and regular time is eligible for temporary employees hired for the disaster

15. Force Account Equipment Public Assistance Applicant Briefing • Applicant-owned equipment • Equipment rates: • FEMA equipment rates • State/Local rates • FEMA Schedule of Equipment Rates • https://www.fema.gov/schedule-equipment-rates

16. Materials Public Assistance Applicant Briefing • Newly Purchased (for disaster work) • Taken from applicant’s inventoryKeep all invoices, receipts, inventory control registers, maintenance records, etc. for the duration of the time you work the event – start to finish.

17. Contract Work Public Assistance Applicant Briefing • Acceptable debris contract types • Unit Price (cubic yard, ton, etc.) • Lump Sum (must document debris quantities) • Check for debarred contractors (EPLS) • www.sam.gov – Excluded Parties List System • Document your procurement process (compliant with local, state, and federal requirements, whichever is most restrictive)

18. Contract Work Public Assistance Applicant Briefing Time/Materials and Cost Plus T & M is only to be used under very specific conditions: • Allowed for “cut & toss” emergency clearance; (don’t use T&M to remove, reduce, haul or dispose of non-emergency debris) • When no other possible alternative exists Cost Plus (AKA “Cost Plus Percentage of Cost”) is never allowed under any circumstances under Federal law.

19. Rented Equipment Public Assistance Applicant Briefing • Be certain to keep your rental agreement • Retain receipts to validate rented equipment costs

20. Public Assistance Applicant Briefing Direct Administrative Costs • Administrative costs incurred in the management of Public Assistance grants • Labor, equipment, materials, etc. to conduct initial inspection, prepare & submit PW documentation, and conduct interim/final inspections are examples of reimbursable administrative costs • Track costs project-specific • State must pass through 5% to sub-recipients (applicants)

21. Phases of Debris Operations Phase I (response) Clearance of debris that hinders immediate life-saving actions and poses an immediate threat to public health and safety. *Any roads or road system Phase II (recovery) Removal & disposal of debris that hinders the orderly recovery of the community and poses less immediate threats to health and safety. *Legal responsibility for road/right-of-way

22. Road Systems: State/Federal • NCDOT has been tasked by Executive Order to remove vegetative and C&D debris from state-maintained rights-of-way • Local governments can still remove debris with signed MOA with NCDOT releasing authority to local government (who can get to it first?) • FEMA reimburses local government

23. Monitoring • Applicant must monitor for eligible debris locations & quantities removed • Extremely important for reimbursement • Use Force Account, temporary hires, or contract • Monitor at all pick-up / disposal locations • Document eligible pick-up locations • Document quantities (CY or Tons) • Load ticket system to quantify each load & track from point of pickup to Debris Management Site (DMS) or landfill, quantities reduced at DMS, and loads hauled from DMS to final disposal • Monitor in tower at DMS to quantify loads coming in & verify trucks are empty upon departure from DMS • Be sure to monitor your monitors (if using contract monitors)

24. Public Assistance Alternative Procedures Public Assistance Applicant Briefing • Section 428 of the Stafford Act authorizes several significant changes to the way FEMA may deliver assistance through PA program for Debris Removal and for Permanent Work (Categories C-G)

25. Public Assistance Applicant Briefing Public Assistance Alternative Procedures Debris Removal(small & large projects) • Reimbursement of straight time force account labor • Financial incentive for FEMA-approved Debris Management Plan & at least one pre-qualified debris contractor: one-time 2% fed share increase first 90 days • Each component independent (choose either, both or none)

26. Public Assistance Applicant Briefing Public Assistance Alternative Procedures 428 Permanent Work (Large Projects Only) • Allows grants based on fixed estimates; applicant accepts responsibility for actual cost over-runs above estimate; applicant can use excess funds for FEMA-approved purpose • Consolidation of multiple permanent work PW’s across categories • 406 Hazard Mitigation funding is included in fixed amount • FEMA will accept the mutually agreed upon certified cost estimates prepared by applicants’ licensed engineers

27. Public Assistance Applicant Briefing Public Assistance Alternative Procedures 428 Permanent Work (Large Projects Only) • All large permanent work projects will be formulated for participation in the Alternative Procedures • Applicant conducts final concurrence in Grants Portal for the scope of work and cost estimate • At this time, applicant has 30 days to accept or decline fixed cost offer for that project • If offer is not accepted or rejected within 30 days, it will be processed using standard procedures

28. Governing Documents • Stafford Act – the law • 44 Code of Federal Regulations – program regulations • 2 Code of Federal Regulations – procurement regulations • FP 104-009-2 Public Assistance Program and Policy Guide [PAPPG], April 2018) – the policiesThe PAPPG/April 2018 replaces previous FEMA publications & 9500 Series Policies. See link below: https://www.fema.gov/media-library/assets/documents/111781

30. A & E Services: The UG prohibits a contractor (which would include an engineer working under contract) who is involved in developing or drafting specifications, requirements, statements of work, and invitations for bids or requests for proposals from bidding on the contract. - 2 C.F.R. § 200.319(a)

31. Contract Procurement Public Assistance Applicant Briefing • 2 CFR Part 200.317-326,“Procurement Standards” (formerly 44 CFR pt. 13.36) & Appendix II (required contract provisions) www.ecfr.gov • Contracting with Small & Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms • 2 CFR Part 200.321: “The non-Federal entity must take all necessary steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.”

32. Public Assistance Applicant Briefing Minority Participation • Applies to All Contracts regardless of type above micro-purchase threshold ($10,000) • Requires 6 specific solicitation steps (Federal Uniform Guidance steps similar to state HUB good faith efforts) • Local government must document their compliance with M/WBE solicitation requirements To assist with this requirement, post your RFP’s on: https://ncadmin.nc.gov/businesses/historically-underutilized-businesses-hub/submit-contractor-bid-opportunity-hub

33. Public Assistance Applicant Briefing Contract Procurement Ensure adequate & open competition, and inclusion Document procurement process, bid tabulation, & your evaluation/selection criteria (weighted or otherwise). Award contract to lowestresponsive & responsible bidder If you do not award to the lowest bidder, you must be able to justify why not (deemed not responsive, responsible, etc.) Non-competitive awards are not allowed

34. New PA Delivery Model

35. Public Assistance Applicant Briefing • Exploratory Call • Occurs prior to Recovery Scoping Meeting (RSM) • FEMA Program Delivery Manager (PDM) & State PA Staff • Discuss damages with applicant to facilitate RSM & establish damage inventory and prioritize projects • Applicants will have access to a damage inventory template in the new PA Grants Portal • Identify Special Considerations Issues: environmental, historic, 406 mitigation, insurance, etc. • Identify appropriate Applicant staff to attend RSM, i.e., public works, finance, risk manager, response/recovery staff • You’ll discuss damages, but hold off on entering them.

36. New PA Delivery Model • Recovery Scoping Meeting (RSM) • Completed work: • Review work by project • Prepare summary sheets: Labor, Equipment, Materials, Contracts, Rented Equipment (per project) • Work to be Completed: • Identify all sites • Provide cost estimates • Documentation: • Insurance policies, personnel/OT policies, mutual aid agreements, codes & standards, contracts and procurement process, invoices/receipts

37. FEMA PA Grants Portal • The new PA Grants Portal will be the primary access point between FEMA, the applicant, the state, and others involved in project formulation to provide greater project visibility • Create organizational profile to include primary and secondary PA contacts and all staff that need to be in the loop • Submit your Request for Public Assistance (RPA) • Assign roles within Portal to organizational staff • Upload damage inventory and all related documents • Communicate formal or informal project change requests • Receive and respond to FEMA’s requests for information • Update other important info: facility location information, photographs, maintenance records, codes/standards and more.

38. Register for the Grants Portal • Send to: public.assistance@ncdps.gov • Contact Name • Organization Name • Phone Number • Email Address

40. Add Your Organization

41. Submit Request for Public Assistance (RPA)

42. Submit Request for Public Assistance

43. Submit Request for Public Assistance (RPA)

44. Grants Portal Hotline for Public Assistance: (866) 337-8448

45. Action Request for Public Assistance..... Full Identification of Damages..... Emergency Work Completion..... Permanent Work Completion..... Due Date Important Dates to Remember Public Assistance Applicant Briefing 30 days from Declaration Date* 60 days from Recovery Scoping Meeting (Kick-Off Meeting) 6 months from Declaration Date 18 months from Declaration DateAlternative Procedures must be identified in 12 months!

46. Request for Public Assistance (RPA) State-Applicant Disaster Assistance Agreement (SAA) Designation of Applicant’s Agent (DAA) Required Documents: Public Assistance Applicant Briefing

47. Request for Public Assistance (RPA) Public Assistance Applicant Briefing • Represents the applicant’s stated interest to participate in the PA program • Must be submitted via the PA Grants Portal within 30 days of designation of your county* • Include DUNS, EIN & FIPS number

48. State-Applicant Disaster Assistance Agreement (SAA) Public Assistance Applicant Briefing • Represents the contract between the State and the applicant (subgrantee) • Must complete all seven (7) pages • Include Federal Tax I.D.

49. Designation of Applicant’s Agent (DAA) Public Assistance Applicant Briefing • The persons designated as agents will be the primary and secondary contacts for the applicant • Resolution must be certified by applicant’s governing body

50. Private Non-Profit Organization Documentation Public Assistance Applicant Briefing Proof that the organization is a non-profit under 501 (c)(d) or (e), or NC Secretary of State, including: • NC Secretary of State letter • IRS ruling letter • Articles of Incorporation or by-laws, etc. • Submit in PA Grants Portal during the RPA process.