PUBLIC ASSISTANCEPUBLIC ASSISTANCEAPPLICANT’S BRIEFINGAPPLICANT’S BRIEFING

April 25-28, 2011 Severe Storms and April 25-28, 2011 Severe Storms and Flooding Flooding

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

BRIEFING OBJECTIVES

Request for Public Assistance

Administration

Elements of Eligibility

FEMA-4003-DR-PA

DECLARED for Public Assistance: July 13, 2011

INCIDENT PERIOD: April 25-28, 2011

SEVERE STORMS & FLOODING

The Declared Counties

BradfordLycomingSullivan

TiogaWyoming

PUBLIC ASSISTANCE

“REQUEST FOR PUBLIC ASSISTANCE”

PLEASE FILL IN NOW

THESE WILL BE COLLECTED TODAY

DEADLINE – August 12, 2011

PUBLIC ASSISTANCE

REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA

RPA = Request for Public Assistance • Turn in today• Needs DUNS number

DAP-1 = “Agreement for Financial Assistance”• Legal Contract between the Applicant & PEMA• Pages 1 and 5 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 to PEMA• You will receive a properly executed, full copy back

DAP-2 = Appoints the Applicant’s Agent, Spokesperson• Needs a “Resolution by 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 https://www.vendorregistration.state.pa.us/cvmu/paper/GranteeRegistration.aspx

Get these documents to PEMA

All of these are available on PEMA web site with examples

PUBLIC ASSISTANCE

Provides funding to eligible applicants for

Emergency Work and Permanent Restoration

of damaged facilities related to this Major

Disaster

Federal share = 75%

State share = __%

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 are not eligible

ELIGIBLE APPLICANTS

ELIGIBLE PNP APPLICANTS

Private Non-Profits (PNP) that supplies

CRITICAL SERVICES may apply directly to

FEMA for both emergency and permanent

work: Fire / Emergency Services

Emergency Medical Care

Education

Power, Water, Sewer and Wastewater

Communications Systems

ELIGIBLE PNP APPLICANTS

Private Non-Profits (PNP) that do not provide

critical services must first apply to the Small

Business Administration (SBA) for a disaster loan

for permanent work before applying to FEMA

SBA = 800-659-2955▪ Museums ▪ Community Centers ▪ Educational Institutions

▪ Libraries ▪ Homeless Shelters ▪ Rehabilitation Facilities

▪ Zoos ▪ Shelter Workshops ▪ Senior Citizen/Daycare Centers

▪ Other PNP providing health and safety services of a governmental nature

However, they may apply directly to FEMA for

emergency work

ELIGIBLE FACILITY

Required as a result of this disaster event and damaged between April 25-28, 2011Must be owned by the eligible applicant and

located in a declared county - or -Must be the legal responsibility of an eligible

applicant in a declared county - not the

responsibility of another partyMust have required emergency repair to protect

the health and safety of the publicNot covered by insurance

ELIGIBLE WORK

EMERGENCY WORK In the public interest to eliminate or lessen threat to life & improved property

•Debris Removal•Emergency Work (Mostly Police & Fire)•6 Months to Complete - January 14, 2012

PERMANENT WORK Restore disaster damaged facility to pre-disaster design,capacity or function

•Roads & Bridges, etc.•Water Control Facilities & Water/Sewer•Buildings and Equipment•Utilities•Parks, recreational Facilities and Other•18 months to Complete – January 14, 2013

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 List (link

on PEMA web site) unless your cost is lower•Rental - at reasonable rental rate

Materials - at applicant’s net costContracts - 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

Reasonable and necessary for your approved

project’s scope of workFollow all federal, state, and local contracting

and procurement laws - handout in packetContracting & procurement is the applicant’s

responsibilityNo “cost plus” or contingency contractsDavis-Bacon DOES NOT apply - any state rate

requirements do apply

ELIGIBLE COSTS - CONTRACTS

ELIGIBLE COSTS - ENGINEERING

Directly associated with the actual work

Improvements from “My Professional Opinion” are not eligible unless backed by a eligible code & standard with FEMA approval in writing

ASK – do not ASSUME

Have your engineering firm separately document their engineering costs based on:

•Design and Specifications•Construction Supervision•Final Inspection

PUBLIC ASSISTANCE

PLEASE TURN IN YOUR REQUEST FOR PUBLIC ASSISTANCE

NOW

ELIGIBLE WORK

Work required to return the facilityto it pre-disaster condition and use

Emergency Road Work- What did you do to get the road open, travelable and safe?

Is what you did how you normal repairs or a quick fix?

Permanent Road Work – What work is required to return the road “system” to it pre-disaster condition…i.e. Base, Sub-base, Topping.

What can we do to minimize future damages?

PROJECT WORKSHEET

Description of Damages & DimensionsScope of Work to restore the FacilityAssigns Eligible Costs to your Eligible WorkApplicant assists the FEMA Project Specialist prepare PWsLocation & description of facilitySpecial Considerations or codes and standards issues that may add eligible costsHazard Mitigation for the projectInsuranceYour Copy is a DraftChanges to PWFinal approved copy will be mailedExit Interview – Exit Checklist

SCOPE OF WORK

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•Approved in writing by FEMA•If not approved by FEMA, you may not receive your submitted reimbursement

VERBAL agreements are NOT valid

Unapproved changes, made by your engineer, will not be eligible for funding

INELIGIBLE WORKTHAT WILL NOT BE REIMBURSED

Any Additional, unapproved workThe extra cost to replace a one lane bridge

with a two lane bridge (probably ineligible) Improvements not required by codes and

standardsPrivate nonprofit recreational facilitiesDamage caused by negligencePre-existing damage or deferred maintenanceEngineering for damage assessment

SMALL & LARGE PROJECTS

For this disaster:

A “Small Project” is < $63,900

A “Large Project” is > $63,900

SMALL PROJECTS

The minimum project amount is $1,000Federal share is paid on project approvalDocument your actual work and costs

for each projectState Final Inspection & Program Review

of all small projects if overrun claimedState Share paid when all small projects

are completed

LARGE PROJECTS

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

OTHER TYPES OF PROJECTS

FEMA PRIOR WRITTEN APPROVAL IS REQUIREDImproved Project Restored original function but you want to make it bigger or better than pre-disaster

•Funding is limited to original approved PW amount•Example: Small bridge to large bridge

Alternate Project Function not restored - use the funding for another purpose

•Fed Share reduced to 67.50% and State share based on the new approved amount•PNP’s Federal Share is 56.25%•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

DEBRIS REMOVAL

MonitoredMust have known quantitiesKnown locations

•Where it came from – eligibility issue•Where it was taken

PermitsConsult “Debris Fact Sheet”

STREAM DEBRIS

Emergency debris removal 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

WOODY DEBRIS

Hazardous Trees, Limbs, and Stumps

FEMA will validate that the applicants actually performed the workClear documentation of an immediate threat posed to public right of way areas or improved property and the scope of work required to remove the immediate threatBefore, during and after photographs of hazardsGPS coordinates of each tree or stump and nearest street address establishing location Hazardous trees must be six inches or greater in diameterHazardous 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

NOTE: This documentation is not required during the emergency debris clearance phase when crews are clearing roads and providing access to critical facilities.

SPECIAL CONSIDERATIONS

Environmental (NEPA)HistoricFloodplainWetlands, Endangered SpeciesHazardous Materials Hazard Mitigation at damaged siteInsuranceCodes & Standards

ENVIRONMENTAL & HISTORICAL

Endangered Species Act (ESA), 1973

http://www.fws.gov/endangered/consultations/index.html

MITIGATION IN PUBLIC ASSISTANCE PROJECT

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 meetingHere’s your chance to really fix the problem!

MITIGATION IN PUBLIC ASSISTANCE PROJECT

Examples of mitigation:

•Upsizing repetitively damaged pipe one-size

•One-way valves or drains stoppers

•Raising utilities

•Constructing berms

•Larger rip-rap

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 insurable structure 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

CODES & STANDARDS

ALL 5 BELOW MUST BE METApply 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 throughout the jurisdiction

Have been enforced since enactment

COST OVERRUNS

Contact PEMA when you find that your project costs are going to be more than 10% of 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 workCertifies work is complete & all costs paidRequests 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

OTHER THINGS

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-PA 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

RPADUNS NumberDAP-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 = PA Electronic Payment Program Form with SAP Vendor NumberGet these documents to PEMA

BRING TO KICK-OFF MEETING

Records of all work and costs to date & estimates for incomplete or future workLocation, description, and dimensions of all emergency work and damaged facilitiesManager, 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 (8/12/11) - submit RPA 30 days from kick-off (9/xx/11) - report ALL disaster related damages 6 months from declaration (1/14/12) - all emergency work (Categories A-B) completed 18 months from declaration (1/14/13) - all permanent work (Categories C-G) 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

MORE INFORMATION

PEMA Public Assistance 2605 Interstate Drive, Harrisburg, PA 17110 Phone: 800-635-9692 Email: Chris Evans at chrevans@state.pa.us Website: http://www.pema.state.pa.us•Latest Disaster Update Information•Form Library Link - Forms or Pamphlets•Applicant Handbook

FEMAWebsite: http://www.fema.gov

PEMA PUBLIC ASSISTANCE

Bradford County - WestGreg ShowersOfc: 717-651-2140Cell: 717-460-2821grshowers@state.pa.us

Bradford County - EastRick WeibergOfc: 717-651-2157Cell: 717-405-5106rweiberg@state.pa.us

PEMA PUBLIC ASSISTANCE

Lycoming & Sullivan CountiesRuss KratzerOfc: 717-651-2160Cell: 717-460-2784rukratzer@state.pa.us

Tioga County Wyoming CountyKen Mostyn Mike StalneckerOfc: 724-357-2990 Ofc: 610-562-3003Cell: 724-630-9450 Cell: 484-256-0556kmostyn@state.pa.us mstalnecke@state.pa.us

Questions

LAST ITEMS

Hazard Mitigation Presentation

followed by signing up for Kick-off

Meetings at back table