PUBLIC ASSISTANCE APPLICANT S BRIEFING Tropical Storm LEE September

PUBLIC ASSISTANCE APPLICANT’S BRIEFING Tropical Storm LEE September 3 Thru October 15, 2011

THE PROCESS Ø Ø Ø Ø Ø Preliminary Damage Assessment Presidential Declaration of Major Disaster Applicant’s Briefing Request for Public Assistance (RPA) Kickoff Meeting Administrative Forms Project Formulation & The Project Worksheet Approval (FEMA & PEMA) Project Worksheet Funding (FEMA & PEMA) Project Completion / Final Inspection / Closeout

BRIEFING OBJECTIVES ØRequest for Public Assistance ØAdministration ØElements of Eligibility

TROPICAL STORM LEE Ø FEMA-4030 -DR-PA Ø DECLARED for Public Assistance: September 12, 2011 Ø INCIDENT PERIOD: September 3 -October 15, 2011

DR-4030 DECLARED COUNTIES BEDFORD MONTOUR BERKS BRADFORD COLUMBIA DAUPHIN HUNTINGDON JUNIATA LANCASTER LEBANON LUZERNE LYCOMING MIFFLIN NORTHUMBERLAND PERRY SCHUYLKILL SNYDER SULLIVAN SUSQUEHANNA TIOGA UNION WAYNE WYOMING YORK

RPA FEMA FORM 90 -49 “REQUEST FOR PUBLIC ASSISTANCE” PLEASE FILL IN NOW THESE WILL BE COLLECTED TODAY DEADLINE – November 9, 2011

REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA ØRPA = Request for Public Assistance • Turn in today ØDAP-1 = “Agreement for Financial Assistance” • Legal Contract between the Applicant & PEMA • Pages 1, 6 and Attachment G need your information • Signed by the Applicant’s Agent and witnessed • ORIGINAL, INKED, signed document is to be sent to PEMA • Save postage, send only pages 1, 6 & Attch G to PEMA • You will receive a complete copy of the fully executed document back ØDAP-2 = Designation of Applicant’s Agent (Spokesperson) • Appointed by “Resolution of Governing Body”

REQUIRED ADMINISTRATIVE FORMS NO FUNDING UNTIL COMPLETED & RECEIVED BY PEMA ØDUNS = Duns and Bradstreet Number • Attachment G to DAP-1 • Federal Requirement • http: //www. dnb. com/us/ and click the “D&B D-U-N-S Number” link ØPEPP = PA Electronic Payment Program Enrollment Form with SAP Vendor Number (Call # on form 717 -346 -2676) https: //www. vendorregistration. state. pa. us/cvmu/paper/Grantee. Registration. aspx ØGet these documents to PEMA. Mail or bring to Kick-off meeting and give to PEMA rep. Do not mail or give these forms to FEMA.

PUBLIC ASSISTANCE Provides funding to eligible applicants for Emergency Work and Permanent Restoration of damaged facilities related to this Major Disaster Federal share = 75% State share = 25% of project eligible amount

ELEMENTS OF ELIGIBILITY ØAPPLICANT ØFACILITY ØWORK ØCOST

ELIGIBLE APPLICANTS Ø County and Municipal Governments Ø Municipal and other Authorities Ø School Districts Ø State Government Agencies Ø Certain Private Non Profit Organizations Ø PNP recreational facilities are not eligible

ELIGIBLE PNP APPLICANTS Private Non-Profits (PNP) that provide CRITICAL SERVICES may apply directly to FEMA for both emergency and permanent work: Ø Fire / Emergency Services Ø Emergency Medical Care Ø Education Ø Power, Water, Sewer and Wastewater Ø Communications Systems

ELIGIBLE PNP APPLICANTS ØPrivate Non-Profits (PNP) that do not provide critical services must first apply to the Small Business Administration (SBA) for a disaster loan for permanent work before applying to FEMA ØSBA = 800 -659 -2955 ▪ Museums ▪ Community Centers ▪ Educational Institutions ▪ Libraries ▪ Homeless Shelters ▪ Rehabilitation Facilities ▪ Zoos ▪ Shelter Workshops ▪ Senior Citizen/Daycare Centers ▪ Other PNP providing health and safety services of a governmental nature ØHowever, they may apply directly to FEMA for emergency work

ELIGIBLE FACILITY ØAny publicly or PNP-owned building, works, system or equipment ØCertain improved and maintained natural features ØMust be located in a declared county and be the legal responsibility of an eligible applicant ØDamaged as a result of this disaster event beginning September 3, 2011 and continuing

ELIGIBLE WORK ØEMERGENCY WORK In the public interest to reduce or eliminate a threat to life, to protect health and safety, and to protect improved property • Debris Removal • Emergency Protective Measures (Police/Fire/EMS/Public Works) • 6 Months to Complete - March 3, 2012 ØPERMANENT WORK Restore disaster damaged facility to pre-disaster design, capacity or function • Roads & Bridges, etc. • Water Control Facilities & Water/Sewer • Buildings and Equipment • Utilities • Parks, recreational Facilities and Other • 18 months to Complete – March 3, 2013

ELIGIBLE COSTS Costs that can be directly tied to the performance of eligible work Costs must be reasonable and compliant with Federal, State and Local procurement and permitting requirements

ELIGIBLE COSTS - FORCE ACCOUNT ØLabor & Fringe Benefits • Emergency Work Permanent Employees - Overtime Only Temporary Employees - All time • Permanent Work - All time • Document all fringe benefits using DAP-16 ØEquipment • Applicant Owned - use FEMA EQUIPMENT RATES (link on PEMA web site) unless your cost is lower • Rental - at reasonable rental rate ØMaterials - at applicant’s net cost ØContracts - reasonable cost

DIRECT ADMINISTRATIVE COSTS Document any required administrative staff time in the office or at work site(s) • Written to individual project worksheets • Material, Equipment and Supplies • Staff time on PW preparation and writing • Staff time supervising project work and • Staff time for final inspection • Travel expenses • Different than Engineering Costs PEMA/FEMA will discuss with you

ELIGIBLE COSTS - CONTRACTS Ø Reasonable and necessary for your approved project’s scope of work Ø Follow all federal, state, and local contracting and procurement laws - handout in packet Ø Contracting & procurement is the applicant’s responsibility Ø No “cost plus” or contingency contracts Ø Davis-Bacon DOES NOT apply - any state requirements do apply

ELIGIBLE COSTS - ENGINEERING ØDirectly associated with the actual work ØImprovements from “My Professional Opinion” are not eligible unless backed by a eligible code & standard with FEMA approval in writing ØASK – do not ASSUME ØHave your engineering firm separately document their engineering costs based on: • Design and Specifications • Construction Supervision • Final Inspection

REQUEST PUBLIC ASSISTANCE PLEASE TURN IN YOUR REQUEST FOR PUBLIC ASSISTANCE NOW

ELIGIBLE WORK Work required to return the facility to its pre-disaster condition and use Ø Emergency Road Work- What did you do to get the road open, travelable and safe? Ø Is what you did how you do normal repairs or a quick fix? Ø Permanent Road Work – What work is required to return the road “system” to its pre-disaster condition…i. e. Base, Sub-base, Topping. Ø What can we do to minimize future damages?

PROJECT WORKSHEET ØDescription of Damages & Dimensions ØScope of Work – completed work and work to be completed ØAssigns Eligible Costs to your Eligible Work (is basis of grant) ØApplicant assists the FEMA Project Specialist prepare PWs ØIt is your responsibility to ensure PWs are written to cover all your damages ØLocation & description of damage (Make a list and check it twice – tell FEMA at Kick-off and Exit Meetings) ØSpecial Considerations issues that may add eligible costs ØHazard Mitigation for the project ØInsurance ØExit Interview–Exit Checklist (FEMA requirement for you to signoff on so make sure PWs were written for all damages) ØYour Copy is a Draft ØChanges to PW may occur during FEMA QA/QC and State review ØFinal approved copy will be mailed

SCOPE OF WORK PW Scope of Work is “Gospel” ØUse it to guide your bid specs ØAny changes for any reason: • Need to be submitted in writing to PEMA • Approved in writing by FEMA • If not approved by FEMA, you may not receive your submitted reimbursement ØVERBAL agreements are NOT valid ØUnapproved changes, made by your engineer, will not be eligible for funding

INELIGIBLE WORK THAT WILL NOT BE REIMBURSED Ø Any Additional, unapproved work Ø The extra cost to replace a one lane bridge with a two lane bridge (probably ineligible) Ø Improvements not required by codes and standards Ø Private nonprofit recreational facilities Ø Damage caused by negligence Ø Pre-existing damage or deferred maintenance Ø Engineering for damage assessment

SMALL & LARGE PROJECTS For this disaster: ØA “Small Project” is < $63, 900 ØA “Large Project” is > $63, 900

SMALL PROJECTS The minimum project amount is $1, 000 ØFederal share is paid on project approval ØDocument your actual work and costs for each project ØState Final Inspection & Program Review of all small projects if overrun claimed ØState Share paid when all small projects are completed

LARGE PROJECTS ØFunds may be released as costs are incurred - Applicant submits DAP-9 w/invoices to PEMA - Minimum of $10, 000 requested ØMaximum draw = 75% of eligible PW amount ØQuarterly Progress Status Reports required ØFinal Inspection & Program Review by FEMA ØFinal reimbursement = actual eligible cost

PROJECT FUNDING ØApproved funds are electronically transferred to your account ØAny interest over $100 annually must be reported and returned to FEMA

OTHER TYPES OF PROJECTS ØFEMA PRIOR WRITTEN APPROVAL IS REQUIRED ØImproved Project Restored original function but you want to make it bigger or better than pre-disaster • Funding is limited to original approved PW amount • Example: Small bridge to large bridge ØAlternate Project Function not restored - use the funding for another purpose • Fed Share reduced to 67. 50% and State share based on the new approved amount • PNP’s Federal Share is 56. 25% • Prior Environmental & Historic reviews must be completed • Submit for approval ASAP • Examples: Abandon the old destroyed bridge and buy a new tractor, police car or roof on municipal building

DEBRIS REMOVAL ØMonitored ØMust have known quantities ØKnown locations • Where it came from – eligibility issue • Where it was taken ØPermits ØConsult “Debris Fact Sheet”

STREAM DEBRIS ØEmergency debris removal required to eliminate the immediate threat to life or improved property ØEach site should be evaluated independently and decisions made based on surrounding conditions and impacting factors ØGravel bars, stream bank restoration and re-channelization of channels in natural areas are generally not eligible; unless there is an immediate threat to improved public or private property

WOODY DEBRIS Hazardous Trees, Limbs, and Stumps ØFEMA will validate that the applicants actually performed the work ØClear documentation of an immediate threat posed to public right of way areas or improved property and the scope of work required to remove the immediate threat ØBefore, during and after photographs of hazards ØGPS coordinates of each tree or stump and nearest street address establishing location ØHazardous trees must be six inches or greater in diameter ØHazardous limbs must be greater than two inches in diameter ØHazardous stumps must be greater than 24 inches in diameter ØHazardous stumps: document the quantity of material required to fill the resultant hole NOTE: This documentation is not required during the emergency debris clearance phase when crews are clearing roads and providing access to critical facilities.

SPECIAL CONSIDERATIONS ØEnvironmental (NEPA) ØHistoric ØFloodplain ØWetlands, Endangered Species ØHazardous Materials ØHazard Mitigation at damaged site ØInsurance ØCodes & Standards

ENVIRONMENTAL & HISTORICAL Endangered Species Act (ESA), 1973 http: //www. fws. gov/endangered/consultations/index. html

MITIGATION IN PUBLIC ASSISTANCE PROJECT ØParticularly repetitively damaged sites ØReduce or eliminate future damages at a disaster damaged facility ØMust be cost effective ØIf FEMA approves, cost is eligible for PA funding ØCan be up to 15% of project cost except for specified pre-approved 100% list ØDiscuss your concerns/ideas at kick-off meeting Here’s your chance to really fix the problem!

MITIGATION IN PUBLIC ASSISTANCE PROJECT Examples of mitigation: • Upsizing repetitively damaged pipe one-size • One-way valves or drains stoppers • Raising utilities • Constructing berms • Larger rip-rap

INSURANCE ØAll Insurance payments must be deducted from eligible costs ØThe deductible is an eligible cost ØFEMA will pay for eligible work not covered by insurance ØProvide PEMA with a copy of the policy declaration page plus the claim and response from the insurance carrier

INSURANCE ØIf caused by flood, an insurable structure in the floodplain will be treated as if fully insured under NFIP – FEMA will deduct maximum NFIP proceed available from eligible project amount ØIf eligible cost is over $5, 000, insurance for peril causing damage is required before payment ØIf you contest the floodplain, you must submit in writing as a map revision

CODES & STANDARDS ALL 5 BELOW MUST BE MET ØApply to the type of repair or restoration ØBe appropriate to the pre-disaster use of the facility ØBe reasonable, written, and formally adopted before the declaration date ØApply uniformly to all similar types of facilities throughout the jurisdiction ØHave been enforced since enactment

COST OVERRUNS Contact PEMA when you find that your project costs are going to be more than 10% over the PW approved amount Example: PW is approved for $100, 000 Lowest bid comes in at $110, 000

GRANT CLOSE-OUT Send the PEMA DAP-12 form to PEMA NLT 60 days after all of your work is completed ØReports actual cost for eligible work ØCertifies work is complete & all costs paid ØRequests final inspection & program review for: • All Small Projects - submitted on one report • All Small Project with a cost overrun - on one report • Large Project - submitted individually ØRequired Disbursement/Reimbursement of Funds

OTHER THINGS ØAppeals - 60 days from notice of action for appeal • Send to PEMA with compelling details • 1 st Appeal - to FEMA R 3 Regional Administrator • 2 nd Appeal - to FEMA HQ Associate Director ØCodes and Standards - must be approved and in effect before disaster is declared ØPEMA-Bureau of Recovery and Mitigation. Public Assistance Division is your primary contact for questions or issues

REMEMBER ØOnly paid for damages caused by this disaster plus mitigation and eligible codes & standards ØWritten approval necessary for any changes ØFEMA must deduct insurance and any payments from other sources ØPWs completed timely = money to you quickly ØKeep records for all work and costs separately for each project worksheet (PW) – makes closeout much easier for all concerned

REQUIRED FORMS ØRPA ØDAP-1 = “Agreement for Financial Assistance” • Legal Contract between the Applicant & PEMA • Signed by the Applicant’s Agent • You will receive no funding until a properly executed, original, inked version is received by PEMA ØDUNS NUMBER (Attachment G to DAP-1) ØPEPP = PA Electronic Payment Program Form with SAP Vendor Number ØGet these documents to PEMA

BRING TO KICK-OFF MEETING ØRecords of all work and costs to date & estimates for incomplete or future work ØLocation, description, and dimensions of all emergency work and damaged facilities ØManager, Financial and Public Works staff may attend – who has the information and who will be doing the paperwork? Ø 30 days from meeting, you must have reported ALL incident related damages

TIME LINE Ø 30 days from declaration (11/09/11) - submit RPA Ø 30 days from kick-off (xx/xx/11) - report ALL disaster related damages Ø 6 months from declaration (3/3/12) - all emergency work (Categories A-B) completed Ø 18 months from declaration (3/3/13) - all permanent work (Categories C-G) completed

DOCUMENTS REQUIRING APPLICANT AGENT SIGNATURE PEMA Forms • DAP-1 Original signatures required ! • DAP-2 • DAP-9 • DAP-11 • DAP-12 Note: Applicant Agent signature CANNOT be delegated – they must sign

MORE INFORMATION ØPEMA Public Assistance 2605 Interstate Drive, Harrisburg, PA 17110 Phone: 800 -635 -9692 Email: Chris Evans at chrevans@pa. gov Website: http: //www. pema. pa. us/ • Latest Disaster Update Information • Forms Library Link - Forms or Pamphlets • Applicant Handbook ØFEMA Website: http: //www. fema. gov

Questions

LAST ITEMS Please do not leave before signing up for a Kick-off Meeting at the back table