Public Assistance Program

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1 Public Assistance Program Sara Bender State Public Assistance Officer

2 Agenda Public Assistance Overview Eligibility Requirements Insurance Requirements Procurement Standards Public Assistance Grants Portal Registration

3 What is Public Assistance? FEMA Reimbursement Program Reimbursement of costs due to a Presidentially declared disaster 75% reimbursement/25% cost share

4 Applicant State and Territorial Governments Indian Tribal Governments (Federally recognized) Local Governments Counties and Parishes Councils of governments Municipalities, cities, towns, boroughs and townships Regional and interstate government entities Local Public Authorities Agencies or instrumentalities of local governments School districts State-recognized Tribes Intrastate districts Special districts established under State law Community Development Districts

5 Applicant Private Nonprofit Organizations (PNP) A current ruling letter from the U.S. Internal Revenue Service (IRS) granting tax exemption under sections 501 (c), (d), or (e) of the Internal Revenue Code of 1954; or Documentation from the State substantiating it is a non-revenue producing, nonprofit entity organized or doing business under State law.

6 Applicant Critical PNP Provides a critical service, which is defined as education, utility, emergency, or medical. Non-Critical PNP Essential Social-Type service AND is open to the general public.

7 Building Blocks - Eligibility Pyramid Cost Work Facility Applicant

8 Facility A facility is a building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature. Public Facility Private Nonprofit Facility (PAPPG Appendix B) Small Business Administration (SBA) Loan Requirement for noncritical PNPs Facility is not under the Specific Authority of Other Federal Agencies Facility must be in Active Use at the start of incident Facility Scheduled for Repair or Replacement

9 Building Blocks - Eligibility Pyramid Cost Work Facility Applicant

10 Project Thresholds & Funding FFY 2019 Minimum Project Threshold $3,200 Small Project $128,900 or less Funds disbursed following PW approval. If work not started or completed, funding will be de-obligated. Large Project > $128,901 Funds disbursed as work is accomplished. Final assistance based on actual costs to complete approved scope of work.

11 Eligible Work Minimum Work Eligibility Criteria: Be required as a result of the declared incident; Be located within the designated area, with the exception of sheltering and evacuation activities; and Be the legal responsibility of an eligible Applicant.

12 Emergency Work Category A: Debris Removal Includes, but is not limited to: Vegetative debris Construction and demolition debris Sand, mud, silt, gravel, rocks, boulders Vehicle and vessel wreckage

13 Alternative Procedures Pilot Program for Debris Removal Applicant may elect to participate in one or more of the following Alternative Procedures for debris removal: Reimbursement of straight-time for force account labor;

14 Emergency Work Category B: Emergency Protective Measures Pre-positioning resources Expenses related to operating a facility or providing a service (i.e., generators) Flood Fighting Emergency Operations Centers Emergency Access Supplies and Commodities Meals Medical Care

15 Emergency Work Category B: Emergency Protective Measures Evacuation and Sheltering Safety Inspections Temporary Relocation of Essential Services Temporary Emergency Repair or Stabilization Mold Remediation Damage Caused During Performance of Emergency Work (Category A and B)

16 Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities Category E: Buildings and Equipment Category F: Utilities Category G: Parks, Recreational, and Other

17 Building Blocks - Eligibility Pyramid Cost Work Facility Applicant

18 Cost Eligibility Not all costs incurred as a result of the incident are eligible. To be eligible, costs must be: Directly tied to the performance of eligible work; Adequately documented; Reduced by all applicable credits, such as insurance proceeds and salvage values

19 Cost Eligibility Authorized and not prohibited under Federal, State, Territorial, Tribal, or local government laws or regulations; Consistent with the Applicant s internal policies, regulations, and procedures that apply uniformly to both Federal awards and other activities of the Applicant; and Necessary and reasonable to accomplish the work properly and efficiently.

20 Cost Eligibility A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the Applicant makes the decision to incur the cost.

Cost Eligibility Applicant (Force Account) Labor Hourly rate plus fringe Reassigned Employees Backfill Employees Stand-by Time Other (i.e., Call-Back, Shift Differential) Applicant (Force Account) Equipment and Purchased Equipment FEMA Equipment Rates Vs.

21 Cost Eligibility Applicant (Force Account) Labor Hourly rate plus fringe Reassigned Employees Backfill Employees Stand-by Time Other (i.e., Call-Back, Shift Differential) Applicant (Force Account) Equipment and Purchased Equipment FEMA Equipment Rates Vs. Applicant Rates Leased Equipment Supplies & Materials Contracted Labor and Equipment Mutual Aid Prisoners National Guard

Donated Resources (Equipment, Supplies, Materials, or Labor) The Applicant may apply the offset if: The donated resource is from a third party (a private entity or individual

22 Donated Resources (Equipment, Supplies, Materials, or Labor) The Applicant may apply the offset if: The donated resource is from a third party (a private entity or individual that is not involved in the Federal award, i.e., not from the Applicant or Federal, State, Territorial, or Tribal government. Applies to Emergency and Permanent Work. Cost Eligibility

23 Cost Eligibility Direct Administrative Costs (DAC) Costs must be Visiting, surveying, and assessing the damage site Developing the detailed site-specific damage description related to the Evaluating Section 406 hazard mitigation measures specific Project Reviewing the Project Worksheet (PW) Preparing Small Projects Preparing correspondence Traveling Collecting, copying, filing, or submitting documents to support the claim Requesting disbursement of PA funds

24 Cost Eligibility Ineligible Costs Loss of Revenue Loss of Useful Service Life Tax Assessments Increased Operating Costs

25 Frequently Asked Questions When will reimbursement of costs be received? Cost Eligibility: Variety of questions regarding eligible costs/reimbursement for work performed and/or damages.

Insurance Insurance Proceeds FEMA reduces eligible costs by the amount of: Actual insurance proceeds, if known; or Anticipated insurance proceeds based on the Applicant s insurance policy.

26 Insurance Insurance Proceeds FEMA reduces eligible costs by the amount of: Actual insurance proceeds, if known; or Anticipated insurance proceeds based on the Applicant s insurance policy. Requirement to Obtain and Maintain Insurance Applicants that receive PA funding for permanent work must obtain and maintain insurance to protect the facility again future loss. FP , Public Assistance Policy on Insurance Conditions Information section of PW

27 Procurement and Contracting Requirements Non-State Applicants (Local Governments & PNPs) Must use their own documented procurement procedures Must still conform to Federal, State and local laws and regulations

28 Procurement and Contracting Requirements (cont.) Must conduct procurement transactions in a manner that complies with the following: Full and open competition Conducts necessary affirmative steps Excludes contractors that develop or draft specifications Maintain written standards of conduct Maintain sufficient record keeping to detail the history of the procurement

29 Noncompetitive Contracting FEMA PA may reimbursement costs procured through a noncompetitive proposal when one or more of the following apply: Item is only available through a single source Public exigency or emergency for the requirement will not permit a delay FEMA or the State expressly authorizes a noncompetitive proposal in response to a written request Competitive solicitations were determined inadequate

Codes and Standards FEMA provides PA funding to restore facilities on the basis of pre-disaster design and function in conformity with current applicable codes, specifications and

30 Codes and Standards FEMA provides PA funding to restore facilities on the basis of pre-disaster design and function in conformity with current applicable codes, specifications and standards. Historic Preservation Compliance Local Floodplain Management Ordinances Environmental Considerations Americans with Disabilities Act Access Requirements Permit Requirements

Projects: Final reimbursement based on actual costs Submit Summary of

31 Project Status & Reimbursement - Required Documentation Small & Large Projects (<100% Complete): Submit quarterly Project Status Report(s) (PSR) Large Projects: Final reimbursement based on actual costs Submit Summary of Expenditures & Documentation (SED) once project is complete. A Final Inspection will then be conducted.

32 Changes in Scope of Work & Costs Large Projects Notify MEMA immediately prior to commencement of work Request should contain justification for the eligibility of additional work or costs. Small Projects Notify MEMA immediately prior to commencement of work May request supplemental funding for a net cost overrun on all small projects.

33 Documentation & Record Retention Documentation is to be maintained for 3 years after the date of the Recipient s final Financial Status Report (FSR) Grant Closeout.

34 Appeals An Applicant may appeal any FEMA determination related to an application for, or the provision of, assistance under the PA Program. Time limit : 60 days from notice of the action being appealed Requests for Appeals are to be sent to MEMA

Program-specific Audit: Recipient or Subrecipient

35 Audits Federal and non-federal audits Compliance with generally accepted accounting principles Single or Program-specific Audit: Recipient or Subrecipient expends $750,000 or more in Federal funds during its fiscal year

Deadlines and Time Limits Submission Process Request for Public Assistance (RPA) Report Any & All Costs/Damages Completion of Work Emergency Work Permanent

36 Deadlines and Time Limits Submission Process Request for Public Assistance (RPA) Report Any & All Costs/Damages Completion of Work Emergency Work Permanent Work Deadline/Time Limit 30 Days after Declaration 60 Days after Recovery Scoping Meeting (varies) Time Limit 6 Months from Declaration 18 Months from Declaration

37 Request for Public Assistance (RPA) - Requirements All Applicants Request for Public Assistance Form Private Nonprofit Organizations (PNP) only Items listed under All Applicants PNP Facility Questionnaire Charter or Articles of Incorporation and Current Bylaws Employer Identification Number (EIN) DUNS Number Tax Exemption Certification Proof of ownership or legal responsibility Listing of services provided If an accredited school, current certification

38 Contact Information Public Assistance (PA) Program Sara Bender State Public Assistance Officer John Harding Deputy Public Assistance Officer (cell) (office)

39 Guidance Public Assistance Program and Policy Guide - PAPPG (FP / April 2018) 2 CFR, Part 200 (January 2014)

40 Questions

41 Thank You! State of Maryland Maryland Emergency Management Agency 5401 Rue Saint Lo Drive Reisterstown, MD 21136

Public Assistance. Supplemental financial assistance for debris removal, emergency protective measures, and permanent restoration of infrastructure

Public Assistance. Supplemental financial assistance for debris removal, emergency protective measures, and permanent restoration of infrastructure Public Assistance Supplemental financial assistance for debris removal, emergency protective measures, and permanent restoration of infrastructure Public Assistance Process Disaster Event PDA Governor