NORTH CAROLINA EMERGENCY MANAGEMENT

Transcription

1 NORTH CAROLINA EMERGENCY MANAGEMENT NC Association of Municipal Clerks Friday, August 18, 2017 Atlantic Beach, NC Presenters: Mary Glasscock & Brian Snell NCEM PA

2 PUBLIC ASSISTANCE PROGRAM Emergency Work 6 months Cat. A Debris Removal Cat. B Emergency Protective Measures Permanent Work 18 months Cat. C Road Systems & Bridges Cat. D Water Control Facilities Cat. E Buildings and Equipment Cat. F Utilities (Electric, Water) Cat. G Parks and Other Facilities

3 NEW FEMA GUIDANCE FP Public Assistance Program and Policy Guide (PAPPG, v 2.0 April 1, 2017) This PAPPG will supersede all previous policies and publications, including any 9500 series publications. FEMA-PAPolicy@fema.dhs.gov

4 REIMBURSEMENTS FOR A FEDERAL EVENT Eligible Project Costs Federal Declaration 75% Federal Share (administered by the State) 25% State Share State Participation in the total costs are determined by the State Legislature. *State Declarations cover 75% for Categories A, B and C.

5 DECLARATION CRITERIA - FEDERAL Statewide threshold: $13,635, (was $13,445,031.03) Statewide per capita = $1.43 (was $1.41) 2010 NC Census = 9,535,483 County threshold: $3.61 per capita (was $3.57) Small Project PW s must be written for at least $3,100 but less than $123,100 Large Project - Equal to or greater than $123,100 - Progress Payment

6 SMALL VS. LARGE PROJECTS Small projects: Less than $123,100 Funding is fixed & paid as obligated, whether written on estimated or actual cost. Exception: verification of actual insurance proceeds Large projects: Equal to or greater than $123, Reimbursed on documented actual cost Request for Reimbursement Monthly Progress Reports Final Inspection required Minimum amount for eligible Project Worksheet: $3,100.00

7 ELIGIBLE COSTS Damage Assessment & Debris Removal; Emergency Protective Measures (including public safety, public works, EOC operations - costs directly related to disaster response); Repair, replacement, or restoration of disaster-damaged property; Public facilities located in a designated disaster area, under the legal responsibility of an eligible applicant, in active use at the time of the disaster, and open to the general public.

8 DOCUMENTATION To receive FEMA funding, local officials must ensure that all claimed costs are adequately documented. Documents that simply summarize costs, such as a spreadsheet, are generally insufficient. Documentation must be kept for three years after the disaster closes. The North Carolina Carolina Emergency Management Division are available to assist local officials to comply with FEMA requirements.

9 DOCUMENTATION Identify temporary labor resources who are local and ideal for various operations, including keeping up with documentation. Keep an updated inventory list of equipment owned by the applicant in advance of a storm. Many ways to maintain documentation. Keep records assembled under PW number. Take photographs of damage with lat/long and/or address.

10 TRACKING COSTS Discuss how costs will be tracked with all applicable parties (Finance POCs, HR, Supervisors, Project Managers) to create a common understanding of documentation goals. Create distribution/emergency PA notification lists. Identify and task key staff members from every department possible. Hold quarterly meetings with all municipal departments to discuss tracking of costs.

11 INSURANCE FEMA is prohibited by law from providing grant funding to a local entity when funding is available from other sources, such as insurance. The entity will lose its FEMA funding if it has not exercised due diligence in pursuing insurance proceeds. FEMA expects local governments to act in a commercially reasonable manner, taking the same actions to collect insurance proceeds they would take if FEMA funding was not available.

12 INSURANCE Have a copy of your policy available for review. Know what's covered. (Wind Damage? Flooding? Fire?) Know your deductible and how it is applied. Your deductible can be reimbursed by FEMA.

13 INSURANCE ISSUES Lack of familiarity with coverage. Obtaining and maintaining any type of insurance on applicable facilities, items and structures where FEMA funding may potentially come into play after a disaster. Understanding deductibles, how they apply and to what they apply.

14 OUTSIDE AGENCY INVOLVEMENT US Army Corps of Engineers US Coast Guard US Fish and Wildlife USDA Natural Resources Conservation Service Office of the Inspector General Environmental Protection Agency FEMA Environmental/Historical Preservation State State Historic Preservation Office State Department of Transportation State Department of Health & Human Services State Dept. of Administration (HUB) North Carolina Secretary of State

15 SPECIAL CONSIDERATIONS The Review Process includes: Historic Preservation Cultural Resources SHPO (Occasionally) Hazard Mitigation Environmental Resources Flood Hazard Areas Insurance Requirements

16 FORCE ACCOUNT LABOR Regular time is ineligible, *unless the applicant participates in the Sandy Debris Pilot. Overtime is eligible. Temporary hires are eligible for event-related debris work Document all labor hours (RT and OT) and tie those hours to any equipment used during the event Eligible costs for FAL will be limited to the applicant s pay policy in place at the time of the disaster

17 FORCE ACCOUNT EQUIPMENT Document all equipment costs FEMA equipment rates/2016 FEMA equipment rates are readily accessible, but the applicant may use their own equipment rates. Equipment hours claimed must have an operator. If equipment is used intermittently for more than 50% of the work day, it may be submitted for reimbursement for the entire day as long as it is tied to labor

18 MATERIAL COSTS Document all material required to perform debris operations. Examples: o Safety equipment purchased and used for the disaster o Supplies for sending debris operation Public Safety Announcements o Materials to build monitoring towers (used by FAL) o Load tickets used in the disaster o Handheld devices or tables specific for the disaster (not debris software)

19 RENTAL EQUIPMENT COSTS Document all rental equipment costs: Reasonable rental costs are eligible Obtain at least three quotes to establish lowest reasonable rental rate Tie rental equipment to force account labor

20 MUTUAL AID FEDERAL DISASTERS Best: Agreement(s) must be put in place prior to an event. Second Best: Put agreement in writing between the parties within 30 days of last day of incident period. Provide clearly defined, written and signed agreements. Mutual Aid Reimbursement will be in accordance with the conditions specified in the agreement.

21 FEMA ELIGIBILITY & APPEALS Eligibility can be determined based on interpretation of FEMA policy Be very detailed with your Project Worksheet Scope of Work Discuss concerns with NCEM and FEMA Talk with surrounding jurisdictions for eligibility and methodology

22 IMPORTANT POINTS Make certain you know which debris sites are permitted. Approach each work request as a reimbursable project; photograph and document everything before, during and after. Be aware of any historical sites with damage and let FEMA know immediately. Follow the most restrictive procurement rules: Federal or State or Yours. Prepare to do everything as if you were going to be audited.

23 DEBRIS

24 PLANNING FOR DEBRIS Pre-identify DMS locations with NCDEQ, Solid Waste Section Get Conditional Approval for potential use Post-disaster permitting & activation Request formal activation of site before it s needed Provide copy of permit to FEMA to put in Project Worksheet (PW) DMS s are temporary & must be cleared/closed within 6 months

25 DEBRIS MANAGEMENT PLANS Debris, on average, is close to 50% of all disaster costs in the U.S. Poorly managed debris operations and reduced reimbursement determined by FEMA to be caused by limited planning Debris creates recurring problems: Eligibility Issues Questionable Procurement Methods Questionable Contracts and Contractors Proper Monitoring Issues Safety & Health Issues and Community Concerns

26 PRIORITIZING DEBRIS ACTIVITIES Debris Clearance or Cut and Toss or Phase I (Response) Clearance of debris that hinders immediate actions to protect health and safety. Debris Removal or Phase II (Recovery) Removing and disposing of debris that hinders the recovery of a community.

27 ELIGIBLE DEBRIS COSTS Force Account Labor Equipment Materials and Supplies Mutual Aid Contracted Services Project Management Monitoring

28 DEBRIS MONITORING FEMA S PERSPECTIVE Debris monitoring is required, and eligible, for three primary reasons: To keep costs reasonable To ensure safety To prevent fraud

29 ISSUES IN PRIOR DISASTERS CHALLENGES Improper contracts and unit costs Insufficient monitoring Poorly organized response No documented debris estimates Mixing in non-disaster debris with eligible debris Complexity Coordination Public s Expectation Reimbursement Community Recovery Failure to comply with environmental or historical requirements Failure to ensure proper permitting is in place for debris sites Incorrect contacts for necessary staff at other agencies

30 PRE-DISASTER PLANNING o o o Municipalities and Counties should have their own DMP s. What if a localized storm hits a town but does not effect the larger county? What if there is enough damage for a state declaration for the town but not the county? Collaboration and mutual coordination - of DMP s between municipalities, counties and other agencies are KEY.

31 CONTRACTS & PROCUREMENT

32 PROCUREMENT RULES - OVERVIEW Local officials may use their own procurement procedures that reflect applicable state and local laws and regulations, provided that the procurement meets the minimum federal standards identified in 2 C.F.R These standards include: maintaining records to detail the significant history of the procurement action, making efforts to contract with small businesses and women/minority-owned firms, and including specific clauses in the contract.

33 PROCUREMENT Follow Federal, State and Local procurement policies, whichever is the most restrictive 2 CFR , Procurement Standards (formerly 44 CFR 13.36) Competition is required except in the rarest of circumstances. The non-federal entity (applicant) must use its own documented procurement procedures which reflect applicable State, local and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. 2 CFR (a)

34 OIG AND NONCOMPLIANT PROCUREMENT however, the City did not follow Federal procurement standards in awarding 12 contracts totaling $23.9 million. Specifically, for 11 contracts totaling $23.3 million, the City did not take the required affirmative steps to ensure the use of disadvantaged firms when possible. - Sept 29, 2016

35 CONTRACTING Do not used debarred contractors - ( Excluded Parties List ) If contract will be used by multiple/all jurisdictions in county, bid it that way Avoid bidding for one applicant (e.g., county) and have municipalities piggyback later Phase I contracts: time & materials only for first 70 hours of contract work for cut & toss emergency road clearance Phase II contracts: Unit Price (cy, tons, other unit) or Lump Sum

36 CONTRACTING REQUIREMENTS Scope of work (SOW) must be clearly defined Require detailed documentation Include a termination for convenience clause Specify a reasonable period of performance Move forward with low cost, most responsive, responsible bidder

37 INELIGIBLE CONTRACT TYPES Cost Plus (aka Cost plus a percentage of the cost) Contracts that move forward only when funding is dependent upon State or Federal disaster assistance Contracts awarded to debarred contractors (NC debarred vendors link from home page) (Federal debarred contractors exclusions in search)

38 FEDERAL & STATE PROCUREMENT Micro-Purchase vs. (no rule) Small Purchase vs. Informal Bidding Sealed Bid vs. Formal Bidding FEDERAL: Under $3500 Goods & Services Can award contract without competition if price is fair and reasonable No comparable provision in state law. Purchase and service contracts less than $30,000 are not subject to competitive requirements FEDERAL: $ $150,000 Goods & Services Obtain rate or price quotes from an adequate number of sources (3/TF) (Both) Cannot divide contract to bring contract cost under $150,000; changes to contract must fall with original SOW. FEDERAL: > $150, Goods & Services Public advertisement(s) providing sufficient time for bidders. (7 days) State law mentions purchase, construction and repair contracts. Not services. Diversity in procurement is required by Feds & State.

39 FEMA GUIDANCE Emergency Contracting vs. Emergency Work Non-competitive bid contracts for debris removal are acceptable only in very rare circumstances Non-competitive bids awarded days after the start of the disaster hits are normally not acceptable Applicants may use an expedited process for obtaining competitive bids

40 DIVERSITY AND PROCUREMENT The non-federal entity must take all necessary steps to ensure that minority businesses, woman-owned businesses, and labor surplus area businesses are used when possible. 2 CFR NC Department of Administration HUB Web site Can post RFP s online easily and for free Procurement Technical Assistance Center Submit and they distribute the RFP for you

41 PLANNING

42 PLANNING VARIABLES o Staffing o Equipment o Time o Space o Expertise o State Agency Involvement o Federal Agency Involvement o Complex Rules/Regulations o Contractors Interest o Community Input

43 APPLICANT RESPONSIBILITIES A timely submission of the request for public assistance on which a knowledgeable representative is identified. Submit complete project documentation. List of damages Project worksheet Hazard Mitigation Proposal Have available copies of current codes and standards that apply to the repair of the disaster damage. Provide copies of insurance policies and other insurance documentation of loss computation and settlement. Maintain complete and accurate documentation, by project, of all disaster-related costs.

44 PROJECT MANAGEMENT Time Limits Progress Reports Record keeping Organizing Final Inspection Closeout

45 PROJECT MANAGEMENT TIME LIMITS Emergency Work Categories A & B 6 months from disaster declaration Permanent Work Categories C G 18 months from disaster declaration Request for time extension through the State PA Staff

46 MONTHLY PROGRESS REPORTS Required for all open large projects Due by 10th of each month Reimbursement payments contingent upon compliance with progress reports.

47 RECORD KEEPING Document all costs to be claimed (large projects) Organize documentation with FEMA summary records (or equivalent) Copies of timesheets, invoices, etc. Personnel / OT policy Mutual aid agreements Contracts, bid tab, selection criteria, etc. Insurance policies

48 ORGANIZING FINAL INSPECTIONS Letter requesting Final Inspection Send to PA grants manager after all project work is complete, and all invoices received & paid Documentation of payment of all costs Copies of canceled checks, or Check listing w/ check number, amount, date, vendor, etc.

49 CLOSE-OUT Official closure of applicant file with FEMA/State After all projects are complete, and all reimbursement received by applicant Applicant signs FEMA P.4 document Begins 3 year period for retaining documentation

50 HOW DOES THE STATE HELP? State Public Assistance (PA) reviews: o FEMA s PA Program o Debris Management Plans o RFP s and Bidding Methods o Contracting & Contracts o Personnel Policies o Procurement policies o Other items to assist in applicant s understanding of the program

51 THANK YOU Mary Glasscock Public Assistance Supervisor O: C: Brian Snell Public Assistance Grants Manager C: