Public (Infrastructure) Assistance (PA)

Transcription

1 IDA and PDA 101

2 Public (Infrastructure) Assistance (PA) 2

3 Overview Major Declaration Process Part I Initial Damage Assessment for Public Infrastructure What is the purpose and process of the IDA? Who completes the forms and what should they capture? Part II Preliminary Damage Assessment for Public Infrastructure What is the purpose and process of the PDA?

4 Initial Damage Assessments This is a two step process: 1 st IDA and 2 nd PDA by Joint State/FEMA teams to verify costs and validate damages Damage estimates are consolidated by County to determine if federally mandated thresholds (Public Infrastructure) by County have been reached ($3.39) Additional statewide threshold must be met to be considered for federal financial assistance ($1.35) Even if the damage costs do not meet the county threshold, the sum of the smaller damages will add to the state total (threshold).

5 Public Assistance IDA Infrastructure Data Collection Forms Who should collect and provide the information? Governmental Departments (Public Works, Parks, emergency service agencies, etc.) Private nonprofits (utilities, hospitals, schools) Special districts (Irrigation, school, utilities) Local governments Tribal governments

6 Private Non-Profit Entities Must submit a tax exempt certificate and organization charter or bylaws. Must be open to the general public.

7 Initial Damage Assessment (IDA) Public (Infrastructure) Assistance (PA) Infrastructure Data Forms Public works Private nonprofits (utilities, hospitals, schools) Special districts (irrigation, school, utilities) State agencies Local governments Tribal governments County Summary Form Local Emergency Manager or his/her designee Tribal governments 8

8 OREGON EMERGENCY MANAGEMENT INFRASTRUCTURE (PUBLIC ASSISTANCE) INITIAL DAMAGE ASSESSMENT DATA COLLECTION FORM NAME OF PUBLIC (GOVERNMENT) OR PRIVATE NONPROFIT AGENCY: COUNTY: (List damage and emergency response costs for only one agency on each form. Use more than one form per agency if necessary. Only certain private nonprofits should be included on this form. Additional instructions for this form may be found on the reverse side.) Category Brief Description of Damage or Cost Location Estimated Cost Comments Inspector s Name: How to contact: Date: 8

9 Public Assistance IDA By Category Category -A Category -B Cat A & B Category -C Category -D Category -E Category -F Debris Removal Emergency Protective Measures OT Labor only if using own work force (Force Account) Roads and Bridges Water Control Facilities Buildings and Contents Utilities Category -G Parks and Other 9

10 Category A Debris Removal Estimate quantities by sampling Estimate cost based on force account or contract Use historical or local area unit cost Focus on debris on public property But, if warranted include potential debris brought to curb Private roads/gated communities may not be eligible Debris on FAS roads may not be eligible 10

11 Category B Emergency Protective Measures Examples of Emergency Work Protective Measures Barricading Sandbagging Boarding Up Windows Temporary Roof Coverings Fire, Police Activities Temporary Relocation Mutual Aid See FEMA Policy

12 Eligibility Reminders Category A & B Only disaster related work If costs unavailable, estimate labor/equipment Only overtime labor What materials used Contract costs for eligible work 12

13 Description (Category A): High winds deposited estimated 10,000 CY of debris city wide. Force Account OT and equipment total for clearance, pick up and disposal est. $120,000. Comments (Category A): Existing debris endangers residents, and impedes traffic public works is now clearing for emergency vehicles. 13

14 Permanent Work Category -C: Road Systems Category -D: Dams and Levees Category -E: Buildings Category -F: Utilities Category -G: Parks and Other 14

15 Category C - G For IDA work: Identify if facility is under another federal authority such as FHWA, USACE or NRCS These are NOT ELIGIBLE: Increased operating cost Lost revenue Deferred maintenance Natural features Landscaping 15

16 Category C-G For IDA work: Estimate whether or not the facility is more than 50% damages - If not estimate repair costs - If so, use estimated replacement costs Do not expend effort on investigating applicable codes and standards. There is insufficient time during an IDA Identify if facility is covered by insurance (note deductible amount) Repair to pre-disaster design, capacity, and function 16

17 Description (Category A): High winds deposited estimated 10,000 CY of debris city wide. Force Account OT and equipment total for clearance, pick up and disposal est. $120,000. Comments (Category A): Existing debris endangers residents, and impedes traffic public works is now clearing for emergency vehicles. Comments (Category C): Road closure necessitates alternate routes in excess of 5 miles Description (Category C): Erosion of subgrade caused road failure 130 ft x 24 ft x 10 ft, estimate contract cost $250,000 17

18 OEM s Public Infrastructure Summary 18

19 Questions?

20 Public Assistance Joint PDA 20

21 Preliminary Damage Assessments A Preliminary Damage Assessment (PDA) identifies the initial cost estimate of damages for governmental agencies, private non-profits, and tribal governments. This is a two step process: 1 st IDA by counties, 2 nd PDA by Joint State/FEMA teams to verify costs Damage estimates are consolidated by county to determine if federally mandated thresholds by county has been reached ($3.39) Additional statewide threshold must be met to be considered for disaster aid ($1.35) 21

22 Basis of a Joint PDA A Governor s request for a declaration by the President - shall be based upon a finding that the disaster is of such magnitude and severity that effective response is beyond the capabilities of the state and local governments -- Section 401, Public Law , as amended; 44 CFR and

23 Purpose of a PDA Magnitude = how big a disaster Severity = how bad a disaster 23 To assess and define the magnitude and severity of the disaster

24 Disaster Declaration Criteria Primary factors considered when evaluating the Governor s request for a declaration Cost (for eligible work) Local impacts Existing insurance coverage Hazard mitigation Recent disaster history Other Federal programs -44 CFR

25 Disaster Declaration Criteria Public Infrastructure Assistance Primary factors considered when evaluating the Governor s request for a declaration Cost (for eligible work) Local impacts Existing insurance coverage Hazard Mitigation Recent disaster history Other federal programs CFR

26 Process of Joint Infrastructure PDA BACKGROUND - FACTORS CONSIDERED (1 OF 2) Estimated cost of eligible assistance Statewide per capita impact of $1.39 (FFY 2012) Countywide per capita impact of $3.35 (FFY 2012) Minimum of $5 million statewide - 44 CFR (a)(1) - Memorandum from Executive Associate Director, 9/30/12 Cost Local impacts Existing insurance coverage Hazard mitigation Recent disaster history Other federal programs -44 CFR Localized impacts Consider extraordinary concentration of damages Consider impact to critical facilities - 44 CFR (a)(2) Insurance coverage Consider amount in force (and should be in force with regards to flood insurance) Reduce damage cost by anticipated proceeds CFR (a)(3)

27 Process of Joint IS PDA BACKGROUND - FACTORS CONSIDERED (2 OF 2) Hazard mitigation past PA mitigation efforts only Consider extent mitigation efforts reduced disaster damages - 44 CFR (a)(4) Cost Local impacts Existing insurance coverage Hazard mitigation Recent disaster history Other federal programs -44 CFR Recent multiple disasters Consider past 12-month disaster history locally and statewide Stafford Act assistance and declarations by the Governor - 44 CFR (a)(5) Other Federal programs Consider availability of other appropriate Federal assistance - 44 CFR (a)(6) 27

28 Types of Information Examples of Impacts Q. How do you determine impacts? A. Ask questions to determine severe impacts. What life, health and safety threats exist? Are there isolated segments of the population? What local resources were committed? What are the affects on business and commerce? How will repairs be made? Scheduled? Paid for? What happens if no federal assistance is made available? Examples of impacts Existing debris endangers residents, and impedes traffic Emergency vehicles cannot pass Road closure necessitates alternate routes in excess of 5 miles No additional local and county resources exist Severe loss to tax base Limited water treatment capacity exists 28

29 -Handout- PAGE 1 OF 1 PAGES FEDERAL EMERGENCY MANAGEMENT AGENCY DATE PRELIMINARY DAMAGE ASSESSMENT SUMMARY 3/5/02 PART 1 - APPLICANT INFORMATION COUNTY NAME OF APPLICANT NAME OF LOCAL CONTACT PHONE NO. Ballyhou Ballyhou County Jim Slim (555) POPULATION TOTAL BUDGET MAINTENANCE BUDGET Date FY Begins 19,832 Approved $5,026,000 Balance $2,500,000 Approved $1,750,000 Balance $800,000 July PART II - COST ESTIMATE - SUMMARY (COMPLETE SITE ESTIMATE BEFORE SUMMARIZING BELOW) CATE- NO. OF Potential Local Funds for Recovery TYPES OF DAMAGE COST ESTIMATE GORY SITES FUND/ACCOUNT Available Balance A B C C D E F G Debris Removal Emergency Protective Measures Bridge Destroyed Washouts/Culverts Water Control Facilities Buildings and Contents Public Utilities Parks & Other $179, $65, $1,500, $162, $213, $14,720, $966, $100, PRELIMINARY DAMAGE ASSESSMENT(PDA) SUMMARY FORM TOTAL TOTAL $17,906, PART III - DISASTER IMPACTS (USE SEPARATE SHEETS IF NECESSARY) A. GENERAL IMPACT 1.IDENTIFY AND DESCRIBE DAMAGES WIHICH CONSTITUTE A SERIOUS HEALTH AND/OR SAFETY HAZARD. Debris has restricted road access and presents health hazard due to potential rodents and other insects. Bridge failure resulted in loss of access to residences, bus route lost. Restricted access on damaged roads is safety hazard for emergency vehicles and local residents. Building unstable, potential for failure. Water supply threatened. Water supply pump station off-line 2. POPULATION ADVERSELY AFFECTED DIRECTLY OR INDIRECTLY BY THE LOSS OF FACILITIES OR DAMAGES? Bridge failure, access to residences limited on rough roads, hazardous to emergency vehicles. Loss of county Police Station. 3. WHAT ECONOMIC ACTIVITIES ARE ADVERSELY AFFECTED BY THE LOSS OF PUBLIC FACILITIES OR DAMAGES? Loss of County Police station, major risk to public. County Police have been meeting in court house. IMPACT SEVERITY MAGNITUDE B. RESPONSE CAPABILITY: CAN THE APPLICANT RESPOND AND RECOVER FROM THE DAMAGES QUICLY AND WITHOUT DEGRADATION OF PUBLIC SERVICES? DESCRIBE. No, damage is extent enough to take from county employee's normal routine. C. IMPACT ON PUBLIC SERVICES IF DECLARATION IS NOT MADE: e.g. Deferral of permanent repairs, impact on ongoing services and capital improvements, etc. Describe. Significant hardship on remaining budget - 3/4 of fiscal year remaining with only half of budget available. Disaster damages would require more that remaining maintenance budget. NAME OF INSPECTOR AGENCY PHONE NO. FEMA Form 90-80, JAN 84

30 PDA Summary of Damages Categories of Work Jurisdiction Total Pop 1 A B C D E F G Per Capita Impact Franklin County Franklin County $ - $ 8,586 $ 1,159,500 $ - $ - $ - $ - $ 1,168,086 Union, City of $ 186,677 $ 25,193 $ 140,203 $ - $ 64,000 $ 537,343 $ 953,416 Pacific, City of $ 1,435 $ - $ - $ - $ 26,977 $ 15,600 $ 44,012 Washington, City of $ 16,790 $ 14,294 $ 65,000 $ 50,000 $ 59,074 $ 54,780 $ 320 $ 260,258 St. Claire, City of $ - $ - $ 110,950 $ - $ 185,000 $ 22,845 $ 318,795 Gerald, City of $ 1,310 $ - $ 3,890 $ - $ - $ 32,030 $ - $ 37,230 Washington SRD $ - $ - $ 15,600 $ - $ - $ - $ - $ 15,600 Union SRD $ 1,000 $ - $ 27,900 $ - $ - $ - $ - $ 28,900 Boles FPD $ 12,000 $ 12,000 Pacific FPD $ - $ 1,006 $ - $ - $ - $ - $ - $ 1,006 Beaufort-Leslie FPD $ - $ 1,000 $ - $ - $ - $ - $ - $ 1,000 Union FPD $ - $ 1,000 $ - $ - $ - $ - $ - $ 1,000 Washington Ambul. Dist. $ - $ 1,000 $ - $ - $ - $ - $ - $ 1,000 St. Claire Ambul. Dist. $ - $ 1,000 $ - $ - $ - $ - $ - $ 1,000 Meramec Ambul. Dist. $ 800 $ 1,500 $ 2,300 Franklin County PWSD #1 $ 24,901 $ 24,901 Franklin County PWSD #3 $ 2,980 $ 2,980 Franklin County Total $ 207,212 $ 65,879 $ 1,523,043 $ 50,000 $ 60,574 $ 390,668 $ 576,108 $ 2,873,484 80,603 $ Jefferson County Jefferson County $ - $ - $ 746,090 $ - $ - $ - $ - $ 746,090 Hillsboro, City of $ 2,632 $ 2,632 DeSoto, City of $ 5,000 $ 5,000 $ 27,000 $ 37,000 High Ridge FPD $ - $ 3,542 $ - $ - $ 3,000 $ - $ - $ 6,542 Cedar Hill FPD $ - $ - $ - $ - $ 13,331 $ - $ - $ 13,331 Rock Community FPD $ - $ 7,930 $ - $ - $ - $ - $ - $ 7,930 Rock Creek PSD $ 10,500 $ 10,500 Jeff. County Park $ 2,080 $ 2,080 Jefferson County Total $ 5,000 $ 16,472 $ 748,170 $ 16,331 $ 40,132 $ 826, ,380 $ 4.82 Total estimated damages For this example state per capita impact of $0.73 Gasconade County Gasconade County $ 3,100 $ 1,000 $ 54,400 $ - $ - $ - $ - $ 58,500 14,006 Gasconade County Total $ 3,100 $ 1,000 $ 54,400 $ 58,500 14,006 $ Jurisdictions $ 215,312 $ 83,351 $ 2,325,613 $ 50,000 $ 76,905 $ 430,800 $ 576,108 $ 3,758,089 5,117,073 $ % 2.2% 61.9% 1.3% 2.0% 11.5% 15.3% 100.0% 1 U.S. Census Bureau, Population Estimates, 1990 census data. Total state population

31 PDA Cost Limitations Only Damages Occurring within the Identified Event Period Cost to return back to pre-disaster Condition, Function, and Capacity 31

32 PDA Cost Limitations Cannot recognize potential mitigation (pre-disaster only) Negligence Inactive facility Contingencies Other Federal Authorities Insurance 32

33 Local Representatives Role Provide knowledgeable person to accompany team Provide overview and specific disaster damage data Provide summary of disaster impacts Have cost documentation ready, make copies of cost documentation (provide rationale for cost estimate) Provide additional relevant information 33

34 State s Role Collect Initial Damage Assessment data Identify need for a Preliminary Damage Assessment (PDA) for public facilities Request and participate in Joint PDA with FEMA Coordinate PDA collection with counties, State agencies, and potential applicants Prepare Governor s letter of request to President for a Major Disaster Declaration OEM has 30 days from date of disaster to request Major Presidential Declaration 34

35 Joint PDA Team Visit Federal/State team(s) check in with County Emergency Management Office Federal team typically consist of - FEMA Project Officer - FEMA Environmental Officer - FEMA Mitigation Specialist - FEMA Technical Specialist (pending damage) - State OEM representative - Local Representative 35

36 Conducting the PDA When possible, use the same local inspectors as those used in the IDA The team may need transportation to sites One group of teams will assess dwellings and businesses Other teams will assess infrastructure and emergency response costs (PA, FHWA) 36

37 Conducting the PDA Make the Inspection Team aware of any known sensitive environmental issues when a project is being written Don t hesitate to call the responsible agency for clarification or information (USACE, DSL) Make all environmental information available Consider mitigation (Part 406) Keep good records (maintain all correspondence with regulatory agencies) 37

38 Need to Make Repairs Before FEMA Arrives? Document by: Taking pictures photos, videos, digital Crews need to document damages and actions taken in daily logs Track labor costs by person by project Track equipment and material costs by site

39 Need to Make Repairs? Environmental /Historic precautions Document emergency contacts with USACE (SLOPES IV Hazard form), DSL and SHPO (Who, what, where, when, and why) Follow up with letter or . Document! Document! Document! Understand Federal Contracting procedures 39

40 Need to Make Repairs? Historic Properties (45 years or older?) Don t demolish Only do bare minimum Immediately repair only what is needed to preserve health and safety take pictures before repairs Archeological Call (SHPO) before you dig (alters a previously undisturbed area, or preparing debris staging sites) 40

41 Prepare for Future Disasters Establish disaster accounting system Track damage repair by sites Keep event cost separate from normal activities Create list of agencies/departments/sites that need to be contacted for IDAs identify points of contacts Pre-identify who will be responsible for collecting and collating IDA information for your jurisdiction 41

42 Prepare for Future Disasters Pre-identify the major components of your infrastructure that need to be checked for damage after event: -- Water -- Surface Water Drainage -- Sewer -- Roads -- Electrical -- Natural Gas -- Parks -- Telecommunications -- Solid Waste -- River Revetments -- Buildings -- Fairgrounds 42

43 Prepare for Future Disasters Donated Resources (often not documented) Labor, Equipment, Materials CERT; Search and Rescue; Sandbagging Document: Who, What, Where, When, and Why. (time in/out) 43

44 Questions?

45 FEMA Public Assistance Program EOC Documentation/Reimbursement Tips (an overview) 45

46 Cost Work Facility Applicant Eligibility Criteria Must be required as a direct result of the declared event Must be within the designated disaster area *Must be the legal responsibility of an eligible Applicant *This is usually satisfied by Actions assigned through the EOC 46

47 Cost Work Facility Applicant Cost Eligibility Reasonable and necessary to accomplish work Compliant with Federal, State and local procurement requirements Reduced by all applicable credits, such as insurance proceeds and salvage values 47

48 Cost Work Facility Applicant Documentation Audit trail tracking costs to the PW (Action) Cost summaries to source documents Reconciliation to accounting system 48

49 Cost Tracking Flow Diagram FEMA Project Worksheet (PW) development for Agency Action by Agency Cost Category Summaries for Action# Agency s cost for Action# Straight Time PW# Action # & Scope of Work Force Account Labor Force Account Equipment Overtime Purchased Materials Force Account Materials Rented Equipment Purchases and Contracts Contractors 49

50 Cost Work Facility Applicant Documentation Create a filing system Designate a specific person to coordinate the accumulation of records Separate Action related activities from normal activities do not combine Actions Summarize costs by Action Update and close Action 50

51 Cost Work Facility Applicant Audit Findings Resulting in Loss of Funding Failure to adequately describe work performed Claiming indirect costs Lack of documentation for fringe benefits Inability to reconcile equipment hours Failure to provide clear audit trail Failure to segregate ineligible work 51

52 Federal Emergency Management Agency Public Assistance Grant Program

53 Authorities & Purpose Stafford Act Law 44 CFR Regulation FEMA Policies Disaster Aid to Repair, Replace, or Supplement Parts of a Community's Infrastructure 53

54 Public Assistance Grant Program Mission: To provide 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. 54

55 The Public Assistance Process Disaster Event PDA Governor s Request Declaration Kick-off Meeting Submission of Request Applicants Briefing Formulation of Projects Project Review Approval Subgrantee Grantee Funding 55

56 Eligibility Structure Cost Work Facility Applicant 56

57 Eligible Applicants Native American Tribal Governments and Tribal Organizations State County City / Town / Village Other political subdivision of the State Certain Private Non-Profit Organizations A grantee is a State or Tribal government that is responsible for administering Public Assistance grants. A subgrantee is an eligible applicant that receives a Public Assistance grant as reimbursement for performing eligible disaster work. 57

58 Private Non-Profit Entities Critical Services Private Non-Profit (PNP) facilities that provide the following critical services are eligible for Public Assistance: Fire / Emergency Rescue Medical Treatment Power, Water, & Sewer Utilities Communications Systems Educational facilities 58

59 Private Non-Profit Entities Essential Services The following essential service facilities are eligible for Public Assistance for emergency work. However, the PNP must first apply to the Small Business Administration (SBA) for a disaster loan for permanent repair work before applying to FEMA. Museums Community centers Community Arts Centers Libraries Homeless Shelters Rehabilitation facilities Zoos Shelter workshops Senior citizen/day-care centers Other facilities that provide health and safety service of a governmental nature 59

60 Facility Means: Any publicly or privately owned building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature. Land used for agriculture purposes is not a facility (44 CFR ) 60

61 Facility Eligibility To be eligible, the facility must: Be the legal responsibility of an eligible applicant Have been in active use at the time of the disaster Be damaged as a result of the declared disaster Be located in the designated disaster area 61

62 Work Eligibility To be eligible, the work must: Be disaster related Be located in the designated disaster area Be the applicant s responsibility Not be fundable by another federal agency 62

63 Types of Work Emergency Work A. Debris Removal B. Emergency Protective Measures Permanent Work C. Roads and Bridge Systems D. Water Control Facilities E. Public Buildings / Equipment F. Public Utilities G. Other (Parks, Recreation, etc.) 63

64 METHODS TO COMPLETE WORK (1) FORCE ACCOUNT Employees Equipment Materials / Supplies (2) CONTRACTS Competitive Bids Prior approval by GAR / RD Inspection of work 64

65 Emergency Work Category A Debris Removal Debris removal is eligible when: It eliminates an immediate threat to life, health, and safety It eliminates an immediate threat of significant damage to improved property It ensures economic recovery of the community and provides a benefit for the community-at-large 65

66 Emergency Work Category B Emergency Protective Measures Emergency Protective Measures are actions taken by a community before, during, and following a disaster to save lives, protect public health and safety, or eliminate immediate threat of significant damage to improved public and private property through cost effective measures. 66

67 Federal Emergency Management Agency Response and Recovery Directorate Policies Donated Resources # Offset the cost of the non-federal share on Category A and B Only (capped) Applies to eligible emergency work only Labor Costs, Emergency Work # Only Overtime & OT benefits are eligible (Force account) Temporary employees (disaster direct hire) straight and OT rate eligible Contract costs are eligible 67

68 Donated Resources 68 All donated resources being claimed must be documented (who, what, when, where and how) Eligible Donated Resources may be claimed only by the applicant that has received the donation All labor, equipment, and material donations must issue from disinterested third parities. The value of any donation cannot be claimed as project costs by the claimant or any other Public Assistance applicant.

69 Donated Resources 69 Eligible donated services can only be actual working time for protective efforts in Category A or B. Valued at same rate as paid workers for similar work Record the same as Force equipment Value determined by FEMA Equipment Rates Record the same as purchased materials Value at current commercial rate Materials donated by Federal Agency not eligible

70 Work Categories C - G Permanent Work 70 Eligible permanent work: Must repair, restore or replace disasterdamaged facilities in accordance with regulations Must restore to pre-disaster design, capacity and function in accordance with applicable codes and standards Must be required as a result of the disaster May include cost effective hazard mitigation measures

71 Cost Eligibility Reasonable and necessary to accomplish the work Compliant with federal, state, and local requirements for procurement Reduced by all applicable credits such as insurance proceeds and salvage values 71

72 What is Reasonable? Reasonable costs: 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 decision was made to incur the cost. OMB Circular A-87 72

73 Cost Labor Labor Reassigned Employees Temporary Employees Volunteer Labor 73

74 Eligible Labor Costs Employee Emerg Emerg Perm Perm Reg OT Reg OT FA Labor N Y Y Y Part Time N Y Y Y Re-assigned N Y Y Y Temp Y Y Y Y Include travel and per diem (in accordance to labor policy) for employees performing eligible activities 74

75 Eligible Equipment Cost Performing Eligible Work all eligible usage FEMA Equipment Rates or Applicant s, which ever is less Rental Equipment: Invoice Auto/Truck: Mileage or Hourly Rate Other equipment : Hourly Rate 75

76 Eligible Equipment Cost Stand-by Time Ineligible Intermittent Use - Half Day or More = Full Day - Less Than Half Day = Actual Hours (PA Guide, Page 37) 76

77 Eligible Materials Cost Used for eligible work Purchased or from stock Invoices, historical data or area vendor quotes 77

78 Eligible Contracts Contracts must be reasonable cost and generally must be competitively bid in accordance to local or state procurement laws for public contracting. Davis-Bacon Act is not a requirement on FEMA Public Assistance projects. 78

79 COST CONTRACTS Process -key elements: Reasonable for clearly defined Scope of Work Competitively Procured Qualifications of proposers/bidders Not contingent on FEMA funding Comply w/federal, State and Local procedures (the most restrictive) Perform Cost Analysis (reasonableness, independent estimates) 79

80 COST CONTRACTS Accepted Procurement Methods: Small Purchase Sealed Bid Competitive proposals Non-competitive proposals PA Guide page 51-53

81 COST CONTRACTS Accepted Procurement Methods (cont.): Non-competitive proposals: Item available only from a single source Emergency requirement which will not permit a delay Very Limited in duration FEMA authorizes a noncompetitive proposal Solicitations attempted - Competition is determined inadequate PA Guide page 23

82 COST Procurement of Contracts 3 Types of Contracts FEMA will reimburse: Lump Sum - defined scope Unit Price itemized work Cost plus fixed fee lump sum or unit price WITH a fixed contractor fee PA Guide page 53

83 COST Procurement of Contracts NON ELIGIBLE Cost plus a percentage of contracts Piggyback Contracting not competitive / price structure may vary Contingency PA Guide page 52-53

84 Time and Materials SHOULD BE AVOIDED Emergency Work ONLY Typically not more than 70 hours - immediately following a disaster Must be Reasonable COST Procurement of Contracts Must contact State for guidelines PA Guide page 53

85 COST Procurement of Contracts Time and Materials Must: Include a Scope of Work Note: As good as can be developed at the time Be DOCUMENTED Be closely monitored Include a Cost Ceiling PA Guide page 53 Not to exceed clause must be included

86 PROCUREMENT REVIEW Ensure Procurement Process includes: A clearly defined SCOPE OF WORK Following of the local, State procurement rules or FEMA rules whichever is the most restrictive Documenting of all processes for proposals or bids All contracts include a maximum fixed cost (no open ended contracts) Competitive bidding (continued) 86

87 PROCUREMENT REVIEW Ensure Procurement Process includes: (cont.) Emergency Procurement typically limited to the first 70 hours Use written bid request as needed (fax or ) Contracts must include a termination for convenience clause Contract amendments or modifications must be in writing 87

88 Eligible Contracts Incurred for eligible work only Ineligible Contracts: Cost Plus a percentage Debarred or suspended contractors

89 Small Projects versus Large Projects 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 ($63,900 for FY 2011) 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. Small Projects Federal cost share is paid upon project approval. Funding is based on an initial cost estimate. Large Projects Federal cost share is paid as work is accomplished. Final assistance is based upon actual costs or an estimate using the Cost Estimating Format. (CEF) 89

90 Projects Project Completion Deadlines Time limits for project completion begin on the disaster declaration date. Emergency work must be completed within 6 months Permanent work must be completed within 18 months For extenuating circumstances or project requirements beyond the subgrantee s control, the Grantee may extend the emergency work deadline an additional 6 months and the permanent work deadline an additional 30 months on a project by project basis. FEMA may also extend the time limits when sufficient justification is submitted. 90

91 Projects Improved Projects (Small or Large) Subgrantees performing restoration work on a damaged facility may make improvements to the facility while restoring the facility to its predisaster condition. The improvements must be approved by the grantee prior to construction. The subgrantee is responsible for the cost of the improvements. Federal funding is limited to the cost of restoration. SCHOOL 91

92 Projects Alternate Projects (Small or Large) When restoration of a damaged facility or function does not serve the public welfare, a subgrantee may use a Public Assistance grant for another public facility. The alternate project must be approved by FEMA prior to construction. The alternate project may require an environmental review. Federal funding is limited to 90% of the federal share of the original project estimate or actual alternate project cost (whichever is less). 92

93 Special Considerations Special considerations are issues other than program eligibility that could affect the scope of work and funding of a project. These issues include: Insurance Floodplain Management Hazard Mitigation Environmental Protection Historic Preservation and Cultural Resources 93

94 HOW YOU CAN HELP! Make the Inspection Team aware of any known sensitive environmental issues when a Project is being written Don t hesitate to call the responsible agency for clarification or information (USACE Notification form & SHPO) Make all environmental information available Consider mitigation (Part 406) Keep good records (retain all correspondence with regulatory agencies) 94

95 Public Assistance Process Beyond Declaration Applicant Briefing By Grantee Submission of Request for Public Assistance Public Assistance Coordinator and Project Officer Assigned to Applicant Kick-off Meeting 95

96 Important Deadlines Time Limits Applying for a Public Assistance Grant Applicant must submit an RPA (Request for Public Assistance) within 30 days of the designation of the declared disaster area. Identifying and Formulating projects Applicant must identify damages within 60 days of the Kick-off meeting. 96

97 Record Keeping Accurate records of expenses must be maintained. 97

98 PROJECT ADMINISTRATION Documentation!!! Responsibility of the subgrantee. The Project Worksheet (PW) Identifies the worksite(s) Has a unique I.D. number Specifies eligible costs / scope of work Sets time limitations for completion Only approved work is eligible Only obligated PW s are reimbursable 98

99 Who will Document Costs? Central Record Keeper Appoint in advance Train Forms Computer version or manual version Field Records Supervisors Train Forms/daily logs 99

100 From The Get Go Start record keeping Separate files for each work site 3 damaged streets 3 files Develop scope of work Develop project worksheets Project approval Combine files as needed <Keep 404 Mitigation records separate> 100

101 PROJECT FORMULATION TEAM FEDERAL REPRESENTATIVE STATE REPRESENTATIVE LOCAL REPRESENTATIVE 101

102 Project Worksheet development Identify and recover all eligible costs incurred as direct result of incident period (identify within 60 days from Kickoff meeting). Provide the information needed for the FEMA/State team to prepare the Project Worksheet. Have source documents and summaries readily available for validation by the FEMA/State team. 102

103 Project Worksheet development Provide a brief narrative describing the eligible work performed by the applicant. Prepare and be ready for future audits or other financial reviews. 103

104 Summary Records to Assist in Organizing Project Documentation Force account labor summary record Force account equipment summary record Materials summary record Rented equipment summary record Contract work summary record 104

105 105

106 Force Account Labor Permanent and temporary Reassigned employees Must be on payroll Document for each work site individually Only disaster related work Overtime policies and practices 106

107 Pay Records Pay period Employee name Job classification Number of hours per day Total hours per pay period Rate of pay regular and overtime A significant cost Total earnings 107

108 108

109 Force Account Benefits Often overlooked Calculate in advance 109

110 110

111 Fringe Benefit Calculations Normal year [52 weeks X 5 workdays X 8 hours/day = 2080] Basic hourly rate [Yearly salary / 2080 hours = hourly rate] Vacation / sick leave time [# days X 8 / 2080 = percent] 111

112 Other Fringe Benefits Retirement Percentage matched by employer Social Security & Unemployment Insurance Percentage paid by employer Insurance Varies by employer Workman s Compensation Varies by employer 112

113 113

114 114

115 115

116 General Documentation Requirements Dates on documents within the allowable time period Dates agree with project and final inspection dates 116

117 Cost Overruns Large projects - case by case basis Small projects relation to total net Report to state FEMA - ASAP Alternate projects require justification Alternate projects require FEMA approval 117

118 Subgrantee Administrative Costs Direct Administrative Costs are costs incurred by the grantee and subgrantee that can be identified separately and assigned to a specific project. Such costs can include staff s time to conduct an initial inspection, prepare and submit a Project Worksheet (PW), and make interim and final inspections of the project. OMB Circular No. A

119 Your Guide to Financial Management 44 Code of Federal Regulations Part 13 A-21 Cost Principles for Educational Institutions A-87 Cost Principles for State, Local, and Indian Tribal Governments A-102 Grants and Cooperative Agreements with State and Local Governments A-110 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations A-122 Cost Principles for Non-Profit Organizations A-133 Audits of State, Local, Governments, and Non-Profit Organizations

120 Non-Federal Audits Must follow requirements of 44 CFR and revised OMB Circular A-133 Audits must be by independent auditor Audits must be in accordance with generally accepted government financial auditing standards Auditor procurement must meet requirements of 44 CFR 13.36

121 Public Assistance Grant Program Review Program The Public Assistance Program assists in the restoration of community infrastructure. It is a supplemental cost reimbursement program with specific eligibility requirements. The FEMA share of eligible costs will be awarded to the grantee for disbursement to the subgrantees. 121

122 Remember These actions will help obtain eligible funding in the shortest amount of time Submit a Request for Public Assistance within 30 days of designation Review projects for eligibility and Special Considerations Provide accurate project data to include prices and scope Work closely with your Public Assistance Coordinator Have documentation available and organized 122

123 Additional Resources Series Polices Standard Operating Procedures Appeals PA Policy Digest FEMA 321 PA Guide FEMA 322 PA Debris Management Guide FEMA 325 Oregon Emergency Management 123

124 124 Questions?

125 Contact: Julie Slevin Oregon Emergency Management Phone (503) x julie.slevin@state.or.us Darrell D. Neet Oregon Emergency Management Phone (503) , x darrell.neet@state.or.us 125