social pharmacy d-pharm 1st year by Pragati K. Mahajan
State FEMA Public Assistance Applicant Briefing October 30, 2013
1. FEMA PUBLIC ASSISTANCE PROGRAM
APPLICANT BRIEFING
Colorado Severe Storms, Flooding,
Landslides, and Mudslides
Incident Start Date: 9/11/2013
Incident End Date: 9/30/2013
Declaration: DR-4145
Declared:
9/14/2013
This Presentation was updated on 10/25/13
2. Agenda
Introductions
Be sure to sign the attendance sheet
Applicant Briefing
Status of declarations
Expectation management
The process
Public Assistance Program
Opportunities
Hand in your Request for Public Assistance
Form
4. Status: Counties
Declared as of 10/21/13
Adams, Arapahoe, Boulder, Clear
Creek, Crowley, Denver, El Paso,
Fremont, Gilpin, Jefferson, Lake,
Larimer, Lincoln, Logan, Morgan,
Sedgwick Washington, and Weld
Counties
Still reviewing other counties
5. Expectation
Management
1. You will not be made whole.
The FEMA Public Assistance Program
provides supplemental financial assistance to state,
local, and tribal governments, and certain private
non-profit organizations for response and recovery
activities required as the result of a declared
disaster.
Funding is cost shared at a federal share of
no less than 75% of eligible costs.
6. State Cost Share
The following has been determined regarding state cost share for
the FEMA Public Assistance (PA) Program:
State PA cost share with local governments, including special
districts: 12.5% (50% of the 25% non-Federal match) but if a
local government has used all its reserves and TABOR
Emergency Reserves, the state may increase cost share up
to 90% of the 25% non-Federal match. Other state agencies will
review local government finances to determine (verify) that
reserves/emergency funds have been expended.
There is no PA cost share with non-profit organizations (PNPs).
6
7. 2. Homeowners’
Associations
From: Public Assistance Policy Digest FEMA 321
Homeowner’s Associations often prohibit access
with gates and other security systems.
When Access is restricted, the services and
facilities cannot be considered open to the public
and therefore are not eligible for Public
Assistance funding.
8. Homeowners’ Associations
Removal of debris from roadways (including debris
moved to the curb) within the community to create an
emergency path of travel is eligible if performed or
contracted by an eligible local or State level
government entity with legal authority and applied for
by the eligible local or State entity.
If Homeowner’s Association meets the criteria for an
eligible PNP under the PA program, it may claim
costs for the repair of its eligible education, medical,
custodial care, emergency, and utility (except
irrigation) facilities.
9. Homeowners’ Associations
Repair of roadways, irrigation facilities, and
facilities that provide governmental services
other than those listed on the previous slide
are not eligible.
PNP recreation facilities are ineligible whether
the community is gated or not.
10. 3. PNP Irrigation
Facilities
From: Public Assistance Policy Digest: FEMA 321
Irrigation Facilities are channels and associated features
generally designed and constructed for the purpose of
transporting water for agricultural use. All publicly owned
irrigation facilities generally are eligible for public assistance.
However, to be eligible for public assistance funding, a Private
Nonprofit (PNP) Irrigation Facility must provide essential
services of a governmental nature to the general public. This
means providing water for fire suppression, generating
electricity, and drinking water supply. Irrigation facilities solely
used for agricultural purposes are not eligible. Grant assistance
for eligible mixed-use facilities will be prorated based on the use
of the facility.
11. PNP Irrigation Facilities
Eligible components of the irrigation system include the canal
and associated features, such as siphons, pumps, retention/
collection dams, and low control gates associated with the
eligible services. The canals must be improved and
maintained; natural channels are not eligible.
Debris removal and permanent restoration are only eligible to
the point of restoring the pre-disaster hydraulic capacity.
16. Eligible Applicants
State Government Agencies
County Governments
Municipal Governments
Tribal Governments
Special Districts
School Districts
Certain Private Nonprofit Organizations
18. Critical Services: Private
Non-Profit Organizations
Power
Water
Sewer and Wastewater
Communications
Education
Emergency Medical Care
Fire Protection/Emergency Services
21. Eligible Facilities
A facility is defined as
– Any publicly-owned or PNP-owned
building, works, system, or equipment
(built or manufactured); or
– Certain improved and maintained natural
features
22. Eligible Work Criteria
Required as a result of the declared disaster
Located in designated disaster area
Legal responsibility of eligible applicant - An
eligible applicant must be legally responsible
for the repair of the damaged facility or the
performance of emergency services at the
time of the disaster.
No other Federal agency has specific authority
24. Work Categories
A: Debris Removal
B: Emergency Protective Measures
C: Roads and Bridges
D: Water Control Facilities
E: Buildings And Equipment
F: Utility Systems
G: Parks, Recreational, and Other
25. Eligible Costs
Generally, costs that can be directly tied to the
performance of eligible work are eligible
Such costs must be:
– Reasonable and necessary to accomplish the work
– Compliant with Federal, State, and Local
requirements for competitive procurement
(including 44 CFR p. 13) and
– Reduced by all applicable credits, such as
anticipated insurance proceeds and salvage
values.
26. Labor Costs –
Emergency Work
Only overtime labor is eligible for:
– Permanent employees
– Seasonal employees
Both regular time and overtime labor are eligible
for non-budgeted employees assigned
specifically to perform emergency work,
including temporary employees
27. Labor Costs –
Permanent Work
For permanent work performed by an
eligible applicant, both regular time and
overtime are eligible for all employees.
The applicant’s pre-disaster written
policies on overtime are used in
determining cost eligibility
– Cannot be contingent on federal funding
or discretion
28. Force Account
Equipment
Equipment is eligible for regular time and
overtime
Standby time is ineligible
Hourly usage costs for trucks, back-hoes,
etc.
Mileage costs for automobiles
Must use FEMA cost codes or your own
cost codes, whichever is less
29. Materials
The cost of supplies that were purchased or
taken from an applicant’s stock and used
during performance of eligible work may be
claimed
Keep invoices and/or purchase orders
Keep all cancelled checks
Keep record of any inventory used from
stock
30. Donated Resources
Volunteer labor, donated equipment, and
donated materials are eligible to offset the
State and Local portion of cost share for
emergency work (Cat A and B)
The donated services must be
documented and must include a record of
hours worked, the work site, and a
description of work
32. SUBMISSION OF REQUEST
FOR
PUBLIC ASSISTANCE
Applicants must submit a Request for Public
Assistance (RPA) Form by the dates below:
For Counties Declared 9/15
and 10/1 – Nov. 16
For Counties Declared 10/21 –
Nov. 20
33. Kickoff Meeting
FEMA will assign a Public Assistance Coordinator
(PAC)
Eligibility will be confirmed
The FEMA PAC will hold a kickoff meeting to discuss
details of the PA Program
You, the applicant, provides lists of damages and cost
estimates from the disaster
Bring a COPY of your Insurance Policy, if applicable,
34. Project Worksheet (PW)
Scope of work
Estimates eligible cost
Minimum PW is $1,000
Applicant’s participation is vital
35. PW Review Process
Project worksheet completion
FEMA PAC reviews and approves it for
submission
PW entered into electronic database
FEMA’s special consideration reviews
–
–
–
–
Insurance Requirements
Hazard Mitigation
Environmental Requirements
Historic Preservation & Cultural Resources
36. PW Review Process
–
–
–
–
Final Project Worksheet reviewed and approved
by Applicant – requires sign-off
Ask questions if something doesn’t make sense
Exit Briefing Form – Signature by:
FEMA PAC Crew Leader
State Applicant Liaison
Applicant Representative
Obligation of project worksheet
37. Grant Agreement
Process
1.
State prepares Grant Agreement between State
and Applicant - sends 2 copies to Applicant – must
be executed by Chief Elected Official
2.
Approved Project Worksheets are the exhibits to
Grant Agreement
3.
State then executes Agreement – requires
processing by Department Controller
This process takes time…..
39. Cost Share
The federal share is 75%
The remaining non-federal share is the
Grantee and Sub-grantees responsibility
The cost share is stated in the grant
agreement
40. Small vs. Large Projects
Public Assistance projects are processed as
either small or large projects. If the project
cost is less than the annually updated cost
threshold amount ($67,500 for FY 2013) the
project is processed as a small project. If the
project cost equals or exceeds the threshold
the project is processed as a large project.
41. Reimbursements – Small
Projects
Federal funding is based on the initial cost
estimate
Federal cost share will be processed by the State
upon obligation – after execution of the Grant
Agreement
All small projects must be completed in
accordance with the PW
Failure to complete a project may require that
Federal and State payments be refunded!
42. Reimbursements – Large
Projects
Subgrantees must submit Requests for
Reimbursement to the State as work is
accomplished, along with all required
documentation and supporting payment records.
Please submit quarterly.
State will provide further instructions on
reimbursement process after execution of the State
Grant Agreement.
43. Project Validation
For all large projects applicants should
submit Requests for Final Inspection
within 60 days after the physical work is
100% complete.
Final assistance is based upon actual
costs or an estimate using the Cost
Estimating Format.
44. Administrative Allowance
The allowance includes funding for indirect costs, any
administrative expenses and other expenses reasonably
incurred and not directly chargeable to a specific project.
Cost must be reasonable and the level of effort
reasonable for the type of work required.
Example – Pay roll personnel collecting and tracking
labor costs for staff performing emergency protective
measures.
Records must be kept on how the funds were spent.
45. Record Keeping
Vital To Full Reimbursement
Costs by PW for approved work
FEMA has forms that assist in
organizing and summarizing
Original documentation required
audit or program review
Keep records for 3 years after
closeout letter from State/FEMA
for
47. Opportunities: Alternative
Procedures for Debris Removal
Discuss these with your PAC
If desirable, request Alternative Procedures for Debris Removal
-Accelerated Debris Removal-Increased Federal Cost Share
(Sliding Scale) (Large projects) (days 0-30 = 85%, 31-90 = 80%,
91-180 = 75%, 180+ days = 0% unless an extension is granted)
-Recycling Revenues (Large projects)
-Straight Time Force Account Labor (small & large projects)
http://www.fema.gov/media-library-data/20130726-1921-250451092/public_assistance_alternative_procedures_
pilot_program_guide_for_debris_removal.pdf
48. Opportunities: Permanent Work
Discuss this with your PAC
Participation in the permanent work pilot is based on a
Subgrantee agreeing to a fixed estimate subgrant; the pilot
includes:
Grants Based on Fixed Estimates
Acceptance of Subgrantee Cost Estimates
Referral of Cost Estimates to Expert Panel
Consolidated Subgrants
Elimination of Alternate Project Penalty
Use of Excess Funds
Subgrantee is responsible for costs above the fixed estimate
Subgrantee has flexibility in use of funds within the fixed
estimate
49. Opportunities: Mitigation
Discuss 406 with your PAC
Section 404 - Hazard Mitigation Grant Program
(HMGP) Not Public Assistance.
Assistance
Section 406 - Available as part of Public Assistance
Applies only to damaged elements eligible under PA
Permanent Work Projects determined to be “costeffective” (eliminate the future threat of damage to a
facility )
50. Opportunities: Improved Projects
Discuss with your PAC
An Improved Project is any project (large or small) where the
applicant chooses to make additional improvements to the
facility while making disaster repairs. Applicants performing
restoration work on a damaged facility may use the
opportunity to make additional improvements while still
restoring the facility to its pre-disaster design.
For the most part, these are projects in which the funding for
approved work cannot be tracked within the improved projects
because of physical changes or contracting arrangements.
For example, an applicant might propose laying asphalt on a
gravel road or replacing a firehouse that originally had two
bays with one that has three.
51. Opportunities: Alternate
Projects Discuss with your PAC
The applicant may request approval of an alternate
project from FEMA through the Grantee when an
applicant determines that the public welfare would not
be best served by either restoring a damaged facility
or by restoring the function of a damaged facility.
Either one of the two conditions must be met. See 44
CFR 206.203(d)(2).
The FEMA Regional Administrator must approve all
alternate projects prior to the start of construction.
See 44 CFR 206.203(d)(2)(v).
52. Applicant Common Errors
Office of Inspector General (OIG) has noted the
following frequent audit findings (see OIG report,
October 2008):
Poor Accounting Practices
Unsupported Costs
Duplication of Benefits
Excessive Equipment Charges
Excessive Labor and Fringe Benefit Charges
Unrelated Project Charges
Unapplied Credits
Poor Contracting Practices
53. Contracting Requirements
Federal Regulations (44 CFR 13.36) requires that Grantees and
sub-grantees comply with the following procurement standards:
Competition is almost always required. Regardless of State or local exceptions
during an emergency.
The applicant must maintain records in sufficient detail to reflect the significant
history of the procurement, including the rationale for the method of
procurement, the basis for the contractor selection, and the basis for the
contract price
The applicant is prohibited from using time-and-material type contracts unless
a determination is made that no other contract is suitable, and provided that the
contract includes a ceiling price that the contractor exceeds at its own risk; and
The applicant is prohibited from using a “cost plus a percentage of cost”
contract.
55. Timelines
Applicant has until November 16 or 20, 2013
to submit a Request for Public Assistance
(RPA) form.
Applicant has 60 days from Kick Off meeting
to identify damages
Applicant has 60 days upon notification of a
PW decision to appeal thru the State.
56. Timelines
FEMA has 90 days upon receipt of an
appeal to provide in writing the disposition
of the appeal or request additional
information.
Applicants have 60 days upon receipt of a
1st appeal disposition to request for a 2 nd
appeal.
FEMAs goal is to provide applicants with
the fullest reimbursement under the Stafford
Act for their PWs.
57. Key Points…
FEMAs goal is to complete all project
worksheets as soon as possible in order to
provide funding for Applicants.
Contact State OEM & your FEMA PAC for
any specific questions.
60. Reminder regarding FEMA’s
Individual Assistance
Program
Encourage people to sign up for IA for
private roads and driveways.
For the general public the hotline is
1-800-621-FEMA (3362)
61. This concludes the overview of the
Public Assistance Applicant Briefing
Please submit an RPA
If you are unable to submit today, please email
RPAs to:
rpa_colorado@state.co.us
Kick-off meetings will be scheduled.
This briefing and other state recovery information can be
found at:
https://sites.google.com/site/corecoverypartners/dam
age-assessment/applicant-briefings
Notas del editor
And for Private Non-Profit Applicants we have:
Educational Institutions
Utilities
Emergency Services
Medical Care
And Custodial
And for Private Non-Profit Applicants we have:
Educational Institutions
Utilities
Emergency Services
Medical Care
And Custodial
And for Private Non-Profit Applicants we have:
Educational Institutions
Utilities
Emergency Services
Medical Care
And Custodial
The main purpose of today’s meeting is to make sure all of you know how to submit a Request for Public Assistance
Keep on mind the RPA should be submitted 30 days after the declaration day.
In this case you must submit a Request for Public Assistance by XX/XX/XXXX
Some examples of applicants that are eligible for Public Assistance are:
State Governments
County Governments
Municipal Governments
Tribal Governments
Special Purpose Districts
School Districts
Some examples of applicants that are eligible for Public Assistance are:
State Governments
County Governments
Municipal Governments
Tribal Governments
Special Purpose Districts
School Districts
And for Private Non-Profit Applicants we have:
Educational Institutions
Utilities
Emergency Services
Medical Care
And Custodial
There are 2 types of Private Non-Profit Organizations…
The first type is Critical Services which includes:
Power
Water
Sewer
Communications
Emergency Medical Care
And Fire and Rescue
All critical services can apply directly to FEMA for public assistance funding for Emergency and Permanent work
There are 2 types of Private Non-Profit Organizations…
The first type is Critical Services which includes:
Power
Water
Sewer
Communications
Emergency Medical Care
And Fire and Rescue
All critical services can apply directly to FEMA for public assistance funding for Emergency and Permanent work
And for Private Non-Profit Applicants we have:
Educational Institutions
Utilities
Emergency Services
Medical Care
And Custodial
For work to be eligible, the work must be:
The result of the Disaster
Located in the designated disaster area
Be the legal responsibility of an eligible applicant
And no other Federal Agency has specific authority over the project
An example of this would be assistance for federally aided roads; you would need to request reimbursement through the Department of Transportation on those projects
All Projects Fall into 2 types of work:
Emergency Work which includes:
Debris Removal
And Emergency Protective Measures
Emergency Work must eliminate or reduce immediate threats to:
Life
Health
Safety
Or Improved Property
Permanent Work includes:
Permanent Repair
Or Restoration of Eligible Facilities
Again work must be the result of the Declared Disaster and in the areas the President has designated
When formulating your project worksheets, you should be aware of the 7 different Categories of Work
Category A: deals with Debris Removal and is eligible:
When it is the legal responsibility of an eligible applicant
When it eliminates an immediate threat to life, health, and safety
And when it eliminates an immediate threat of significant damage to improved property...
Which ensures economic recovery of the community and provides a benefit for the community-at-large
Category B: is Emergency Protective Measures taken by a community before, during, and after a disaster in order to:
Save lives, Protect public health and safety, Or eliminate an immediate threat of significant damage to things such as improved property and private property through cost effective measuresCategories C through G covers Permanent work
For Permanent work the applicant must: Repair, Restore, Or Replace the Facility to the Pre-disaster Condition
Also Facilities must be restored to pre-disaster: Design, Capacity, And Function in accordance with local Codes and Standards
The main purpose of today’s meeting is to make sure all of you know how to submit a Request for Public Assistance
You must submit a Request for Public Assistance within 30 DAYS from declaration DATE
Once you have submitted the Request for Public Assistance and it has been approved, FEMA and the State will each assign you a Public Assistance Coordinator (PAC)
The PACs will contact you to set-up a kickoff meeting in order to begin the documentation process
Once again it is very important for you to make sure that ALL personnel who are familiar with the projects attend this meeting, some examples are: administrative staff, finance & accounting staff, engineers, etc
Also at the kickoff meeting you will need to present a list of damages
This list will be the basis for developing project worksheets, which are used to obligate funds
Make sure you also bring a copy of your insurance policy.
The Project Worksheet (PW) is used to document the
Scope of work
And a Cost Estimate for the Project
The total eligible amount for a PW at least 1,000 dollars
When formulating PW’s, you will need:
Location - to include longitude and latitude whenever possible
A written description of the damages
Dimensions of the damaged element
And financial records
Your participation is vital to all project formulations
This illustrates the steps that the Project Worksheet must go through before you can receive funding for a project:
The PW is written and submitted to the Disaster Field Office
A Deputy Public Assistance Officer reviews the PW and approves it for submission
The PW is then entered into NEMIS (National Emergency Management Information System)
Then the review process begins. From initial to final review, there can be between 4 and 7 steps.
The PW may need to be reviewed by:
Insurance
Cost Share
Hazard Mitigation (reduce or eliminate threat of future damage)….and others
Once the review process is complete, the PW becomes obligated (FEMA has given funds to US the State and we are ready to disburse)
This illustrates the steps that the Project Worksheet must go through before you can receive funding for a project:
The PW is written and submitted to the Disaster Field Office
A Deputy Public Assistance Officer reviews the PW and approves it for submission
The PW is then entered into NEMIS (National Emergency Management Information System)
Then the review process begins. From initial to final review, there can be between 4 and 7 steps.
The PW may need to be reviewed by:
Insurance
Cost Share
Hazard Mitigation (reduce or eliminate threat of future damage)….and others
Once the review process is complete, the PW becomes obligated (FEMA has given funds to US the State and we are ready to disburse)
Once a project is obligated by FEMA, the State can begin the Payment Process
The first review is by a Financial Specialist
The payment is then verified by a Financial Supervisor
Once approved by the Program Manager, it is forwarded to the Governor’s Authorized Representative for approval
The payment then goes to the Division of Finance and Accounting where it goes through processing and acceptance
And finally, the payment is then sent to you by mail or by electronic funds transfer.
The minimum Federal Cost Share is 75%
The Non-Federal Share can be covered by:
The State
The Applicant
Or a combination of both
Typically, the state will split the non-Federal share with applicants
However, Private Non-Profit Organizations do not qualify to receive any State funding and will only be reimbursed the Federal share
(NEXT SLIDE)
WHAT DETERMINES A SMALL OR LARGE PROJECT?
The term large project and small project relates to the cost threshold to complete work
This cost threshold is defined by federal legislation and is adjusted annually (October 1)
For fiscal year 2011, the threshold for small projects has been set at less than $63,900
Anything under this amount is considered a small project and is processed differently by the State
The reimbursement process on small projects is different from the process of large projects
On small projects, you can prepare your own Project Worksheets if you have the resources to do so; if not, the Public Assistance Coordinator, or Project Officer assigned by the PAC, will assist in the preparation of Project Worksheets
Upon obligation of funds, the state can automatically disburse the funds to you
This process is approximately 3-weeks from the point of obligation
The reimbursement process for large projects is more detailed
Before any payments can be processed, you must submit a
Request for Reimbursement
And a Summary of Documentation
You must document all costs for approved work on Project Worksheets
FEMA does offer forms to help organize and summarize expenses…
Time cards, payroll registers, material invoices, ads for bids, contracts, invoices and cancelled checks are all examples of criteria that are subject to audits or program reviews
You will need to keep records for 5 years after the closeout letter from FEMA is received
(Please note: FEMA only requires you to keep records for 3 years, however, the State requires 5 years)
The Stafford Act provides 2 types of Hazard Mitigation:
Section 404 Hazard Mitigation is NOT part of the Public Assistance Program
Section 406 Hazard Mitigation IS part of the Public Assistance Program and applies only to damaged elements eligible under PA
It is a funding source for cost-effective measures that would reduce or eliminate the future threat of damage to a facility that was damaged during the present disaster
We encourage the use of 406 Hazard Mitigation
Currently, there is no limit to funding under this program
The Stafford Act provides 2 types of Hazard Mitigation:
Section 404 Hazard Mitigation is NOT part of the Public Assistance Program
Section 406 Hazard Mitigation IS part of the Public Assistance Program and applies only to damaged elements eligible under PA
It is a funding source for cost-effective measures that would reduce or eliminate the future threat of damage to a facility that was damaged during the present disaster
We encourage the use of 406 Hazard Mitigation
Currently, there is no limit to funding under this program
Also Remember to:
Complete all Project Worksheets as accurately as possible
Submit a Request for Reimbursement and Summary of Documentation for all large projects
And if you have specific questions, contact your State and FEMA PAC’s