Hurricane Florence September 14, 2018 FEMA-4393-DR-NC

North Carolina Emergency Management

Hurricane FlorenceSeptember 14, 2018FEMA-4393-DR-NC

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

Agenda



Event Details

• 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


State of North Carolina

FEMA-4393-DR-NC

Watauga

Ashe

Cherokee

Graham

Swain

Clay

Macon

Jackson

Haywood

Henderson

Buncombe

MadisonYancey

Avery

McDowell

Polk

Rutherford

Burke

Cleveland

Caldwell

Wilkes

Alleghany

Alexander

Catawba

Lincoln

Gaston

Surry

Yadkin

Iredell

Mecklenburg

Stokes

Forsyth

Davie

Rowan

Stanly

Union

Davidson

Cabarrus

Anson

Rockingham

Guilford

Randolph

Montgomery

Richmond

Scotland

Caswell

Alamance

Chatham

Moore

Person

Orange

Lee

Hoke

Durham

GranvilleVance Warren

Wake

Harnett

Cumberland

Robeson

Johnston

Sampson

Bladen

Columbus

Brunswick

NewHanover

Pender

Duplin

Onslow Carteret

Jones

WayneLenoir Craven

Pamlico

Greene

Wilson

Franklin

NashEdgecombe

Halifax

Northampton

Hertford

Bertie

Martin

Pitt

Gates

BeaufortHyde

Washington Tyrrell Dare

ALL COUNTIES - Due Nov 16, 2018

Counties Declared

*RPA Deadline Extension Dates:

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


Public Assistance Program Objective

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.



Building Blocks of Eligibility

APPLICANT

FACILITY

WORK

COSTreasonable, necessary

same as facility

legal responsibility of applicant, in damage area, direct result

State and local government, federally recognized Indian Tribes, certain PNPs



Houses of Worship 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.





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

CATEGORIES OF WORK

Emergency Work Permanent Work

A: Debris Removal

B: Emergency Protective

C: Roads & Bridges

D: Water Control Facilities

E: Buildings & Equip.

F: Utilities

G: Parks, Recreation


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 CertificationKey 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


Project Worksheet

• 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



Types of Eligible Costs

• Force Account Labor

• Force Account Equipment

• Materials

• Contract Work

• Rented Equipment



Force Account Labor

• 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



Force Account Equipment

• Applicant-owned equipment

• Equipment rates:

FEMA equipment rates

State/Local rates

FEMA Schedule of Equipment Rates

https://www.fema.gov/schedule-equipment-rates


https://www.fema.gov/schedule-equipment-rates


Materials

• Newly Purchased (for disaster work)

• Taken from applicant’s inventory

Keep all invoices, receipts, inventory control registers, maintenance records, etc. for the duration of the time you work the event – start to finish.



Contract Work• 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)


http://www.sam.gov/


Contract WorkTime/Materials and Cost Plus

T & M is only to be used under very specific conditions:

1) Allowed for “cut & toss” emergency clearance; (don’t use T&M to remove, reduce, haul or dispose of non-emergency debris)

2) When no other possible alternative exists

Cost Plus (AKA “Cost Plus Percentage of Cost”) is never allowed under any circumstances under Federal law.



Rented Equipment

• Be certain to keep your rental agreement

• Retain receipts to validate rented equipment 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)

Direct Administrative Costs


North Carolina Emergency Management 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


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

Road Systems: State/Federal


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)

Monitoring


• 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)

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)

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

Public Assistance Applicant BriefingPublic 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

Public Assistance Applicant BriefingPublic Assistance Alternative Procedures


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 policies

The PAPPG/April 2018 replaces previous FEMA publications & 9500 Series Policies. See link below: https://www.fema.gov/media-library/assets/documents/111781



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)


Contract Procurement

• 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 allnecessary steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.”


http://www.ecfr.gov/


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


https://ncadmin.nc.gov/businesses/historically-underutilized-businesses-hub/submit-contractor-bid-opportunity-hub


Ensure adequate & open competition, and inclusion

Document procurement process, bid tabulation, & your evaluation/selection criteria (weighted or otherwise).

Award contract to lowest responsive & 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


Contract Procurement


New PA Delivery Model


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.



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

New PA Delivery Model


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.

FEMA PA Grants Portal


Register for the Grants Portal

Send to: [email protected]

Contact Name Organization Name Phone Number Email Address

mailto:[email protected]



Add Your Organization


Submit Request for Public Assistance (RPA)


Submit Request for Public Assistance


Submit Request for Public Assistance (RPA)


Grants Portal Hotline for Public Assistance:

(866) 337-8448

44


Important Dates to Remember

Action

• Request for Public Assistance.....

• Full Identification of Damages.....

• Emergency Work Completion.....

• Permanent Work Completion.....

Due Date

30 days from Declaration Date*

60 days from Recovery Scoping Meeting (Kick-Off Meeting)

18 months from Declaration DateAlternative Procedures must be identified in 12 months!

6 months from Declaration Date



Required Documents:

• Request for Public Assistance (RPA)

• State-Applicant Disaster Assistance Agreement (SAA)

• Designation of Applicant’s Agent (DAA)



Request for Public Assistance (RPA)

• 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



State-Applicant Disaster Assistance Agreement (SAA)

• Represents the contract between the State and the applicant (subgrantee)

• Must complete all seven (7) pages

• Include Federal Tax I.D.



Designation of Applicant’s Agent (DAA)

• The persons designated as agents will be the primary and secondary contacts for the applicant

• Resolution must be certified by applicant’s governing body



Private Non-Profit Organization Documentation

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.



Single Audit Compliance Requirements

• “All non-Federal entities that expend $750,000 or more of Federal awards in a year are required to obtain an annual audit...”

Single Audit Act Amendments of 1996

OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”

• Forward copy of annual audit to State PA admin Tinishia Ward – [email protected]



NCEM Public Assistance Management

Dorothy Henderson-Bell, Public Assistance Officer919-218-6642 or [email protected]

Charles Edwards, Deputy PAO919-605-8105 or [email protected]

Mary Glasscock, Deputy PAO 919-306-8188 or [email protected]






Other NCEM PA Contacts

Debris Operations / Contract Procurement:Mary Glasscock, Deputy PAO919-306-8188 or [email protected]

Andy Innis, PA Grants Manager919-218-3191 or [email protected]

406 Hazard Mitigation:Derek Winstead, 404/406 Mitigation Specialist984-297-5661 or [email protected]





PA Contact Information

Submit SAA and DAA forms to:

[email protected]

Fax: (919) 715-9191
