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FEMA-4731-DR-CO

Declaration Date:

August 25, 2023

Incident Period:

June 8 – 23, 2023

Deadline to request Public Assistance (PA)

September 22, 2023

Please contact Elsa Henry if you need an alternative format of this presentation or other accommodations.

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Agenda

How to apply for Public Assistance (PA)

Overview and Handouts to be emailed
Deadline Submission Date (9/22/2023)

FEMA Rules and Regulations – PA Eligibility, guidelines and documentation (handouts with some links)

Meeting your Division of Homeland Security & Emergency Management (DHSEM) Office of Grants Management (OGM) Contacts

Mitigation – Mark Thompson

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DR-4731 Declared Counties�

Douglas County, Elbert County, El Paso County, Lincoln County, Kit Carson, and Cheyenne County, with Logan County, Washington County pending and Arapahoe County under review

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Deadline for Submission - RPA

Request for Public Assistance (RPA) is 30 days after the declaration date.

All RPA are due September 22, 2023

(23 Saturday & 24 Sunday)

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Eligible Applicants

State Agencies
County Governments (counties and parishes)
City Government
Certain Private Non-profit (PNP) Organizations
Municipalities, cities, towns, boroughs, and townships
School districts
Intrastate districts
Councils of governments (regardless of whether incorporated as nonprofit corporations under State law)
Regional and interstate government entities
Agencies or instrumentalities of local governments
State recognized Tribes
Special districts established under State law

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Eligible Critical PNPs

Fire/Emergency- Rescue

Emergency Medical Care

Utility – Power companies, Water Systems, Sewer, WWTP, Communications

Educational Institutions

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Eligible Non-Critical PNPs

Senior Citizen Centers
Daycare Centers
Homeless Shelters
Shelter Workshops
Libraries
Rehabilitation Facilities
Community Centers
Houses of Worship
(others may be eligible see PNP handout for additional eligible non-critical PNPs)

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Requirements for PNPs

Completed RPA Package

Articles of Incorporation & By-Laws

Tax Exempt Letter, 501(c), (d), or (e)

IRS 990

PNP’s go through an eligibility evaluation. This evaluation can not be conducted until all of the above is submitted.

SBA disaster loan application may be required.

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Unique Entity Identification

All applicants are required to obtain a UEI number.

Applicants must register their entity on SAM.gov and go through the steps to verify their entity and be issued a UEI number.

This registration must be updated annually.

Applicants cannot be paid any grant funding without a UEI number.

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The “Applicant Quick Guide Grants Portal Account & RPA” is a step by step guide to help the applicant register and request public assistance.

This guide will be emailed to all attendants and anyone who requests it. It has detailed information and links.

YOU MUST REGISTER & YOU MUST REQUEST PUBLIC ASSISTANCE

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Grants Portal - RPA

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Grants Portal

You will use Grants Portal to:
Update your organizations information
Upload documents
File your RPA for disasters
Complete the Damage Inventory
Respond to Request for Information (RFI’s)
Sign Project Damage Description and Dimension
Sign Projects Scope and Cost

Follow your project status throughout the phases of FEMA’s PA process. The phases are elaborated upon on slide 17.

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Funding

PA Grant funding is reimbursed based on actual expenses.

Federal Share – 75%
State Share – 12.5%
Applicant Share – 12.5%

All funding is dispersed by the state. Please do not contact FEMA with funding questions. Contact the assigned DHSEM specialist (contact info at the end).

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After RPA Submission -Team

FEMA will appoint a Program Delivery Manager (PDMG). The PDMG will reach out to your designated Primary & Alternate points of contact (POC) and the state POC to set up an exploratory call (EC).

During the EC, the PDMG will introduce themselves along with your state POC and gather cursory information about your organization and the damages sustained to your facilities during the disaster.

Prior to concluding the EC, the PDMG will work with the applicant and state POC to establish a date and time for the Recovery Scoping Meeting (RSM).

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Recovery Scoping Meeting

Your assigned PDMG and state contact will begin the process of helping you fill out your damage inventory before & during the RSM.

Applicants have 60 days after their RSM to complete their damage inventory.

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The Public Assistance Process

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Damages – Grants Portal

PDMG and state contact will assist with completion

Applicant identification of damage sites

Establishes Applicant recovery priorities

Identifies potential 406 Hazard Mitigation (this will be addressed in greater detail later)

Establishes potential Environmental and Historic Preservation (EHP) assistance needs

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Damages– Best Practices

Ensure the name of the damage line item is clear and distinctive.

Be very descriptive about the damage. Use a descriptive name like “Rockport Road Culvert” and not just “culvert”.

Use the information filled out during the preliminary damage assessment as a reference document when working with PDMG and your state contact.

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Damages – Best Practices

Use one line item per structure/road/bridge/culvert to avoid too many line items.

If work is completed, break out as a single line item for the completed work.

PDMG and state contact will help with how to structure damage inventory

Applicants have 60 days from the recovery scoping meeting to complete their damages.

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Damage Documentation

Damage Inventory, procurement policies, maps, and photos
List of paid staff, regular and OT hours – time cards, fringe benefits info, and pay policy
List of equipment used, hours of operation – dates and times, miles driven, and pertinent records
List of materials and supplies used
Copies of any contracts used for this event
Applicable codes and standards
Hazard Mitigation Proposals
Insurance policies

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Documentation Best Practices

Make sure you have good documentation, to tell the story. Start documenting ASAP.
Include pictures of damage and any historical photos prior to damage.
Verify measurements and make sure location information is correct.
Include all permits and correspondence.
Include Historical Costs.
If structures are included, please include building plans or drawings.
Procurement documents that support reasonable costs.

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Eligible Emergency Work

Category A (Debris Removal)
Clearing, removal, storage, disposal

Category B (Emergency Protective Measures)
Access, protection, emergency services, eliminate hazards, support, highways and community needs

6 Month Completion Deadline:

DR-4731 – February 25, 2024

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Eligible Permanent Work

Category C (Road and Bridge Systems)
Category D (Water Control Facilities)
Category E (Public Buildings/Equipment)
Category F (Public Utilities)
Category G (Other-Parks, Recreation)

18 Month Completion Deadline:

DR-4731 – February 25, 2025

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Eligible Work

Key Points on Work Eligibility:

Damage – result of the disaster

Located in a declared county

Legal Responsibility of the applicant

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Section 428: Alternative Procedures for Debris Removal

Participation is Voluntary

FEMA will reimburse regular time and overtime salaries and benefits for employees of an eligible applicant involved in conducting or administrating debris and wreckage removal

Other portions of the Public Assistance Alternative Procedures (“PAAP”) for Debris have been discontinued

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Eligible Cost

Is it Reasonable and Necessary?

Complies with federal, state, and local laws and regulations.

Insurance proceeds and purchase discounts must be deducted.

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Cost Documentation

Examples:

Invoices
Cost analysis, 3 bids, competitive procurements
Amendments, Change Orders, Task Orders
Expenses in alignment with contract
Timesheets and proof of payment

The quality of your documentation will determine the speed you will receive reimbursement. An internal closeout documentation checklist guide will be email to you by the state contact.

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Equipment - Eligibility

Perform eligible work
Auto/truck – mileage or hourly rate
Other equipment – hourly rate
Stand-by time ineligible
FEMA rates are used for determining project costs (estimating and comparing)
For this disaster, 2023 Equipment rate codes will be used:
Schedule-equipment-rates

The lower of FEMA or local rates can be used if established prior to the disaster.

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Equipment Documentation

Equipment logs which show the number of hours the equipment is in use –or-
Mileage logs if the vehicle is being used for transportation
Additionally, all equipment must be tied to an operator and the following information is needed for the operator:

Signed Timesheets
Payroll Information
Payroll Records / Check Records

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Labor - Eligibility

Force Account Labor plus Fringe Benefits

Emergency Work:
Cat A - Regular and overtime (OT) are eligible for Debris removal
Cat B - Only OT is eligible for Emergency Protective Measures

Permanent Work: Regular and OT are eligible
Applicants must provide a copy of the pay policy that was in effect during the incident period for the disaster.

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Labor Documentation

Signed timesheets
Detailed activity logs describing specific tasks and accomplishments
Payroll information
Payroll records/Check records
Payroll Policies
Overtime Policies
Fringe Benefit Rates and Policies

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Materials - Eligibility

Purchased or stock
Need accounting method for stock – FIFO, LIFO

Used for eligible work
Need invoices, historical data, or vendor quotes

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Special Considerations

Environmental and Historic Preservation (“EHP”)
FEMA will place EHP requirements on your projects and non-compliance will result in de-obligation of funding.

Historic Site(s)

Flood Plains

Insurance

Hazard Mitigation

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EHP Considerations

Discuss any potential environmental concerns or challenges with environmental staff as soon as possible.

The applicant must obtain required permits and approvals,, including CWA 404, State 401/402 and local Floodplain permits, PRIOR to the start of work.

Borrow materials must be from existing pits or stockpiles, or from a SHPO certified site.

Advise EHP if work will affect any structures over 45 years old or will occur in previously undisturbed ground.

FEMA must review all projects for the potential to affect threatened or Endangered species.

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Hazard Mitigation - 406

Optional

FEMA uses cause of damage to see if 406 Mitigation will apply

Cost effective measures that reduce the potential for damages to a facility from a future event

Only Permanent Work projects are eligible for mitigation

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Procurement & Contracting

Procurement is subject to 2CFR Part 200.317-326

Applicants should use their own official procurement policy and upload a copy to their Grants Portal account.

The most restrictive policy will apply (between Federal and Applicant’s policy).

FEMA Procurement Checklist will be provided – “Roadmap to Procurement” (PDF & email versions)

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Procurement & Contracting

Competitive procurement procedures are required

Provide full and open competition

Must include required provisions detailed in 2C.F.R. § 200.326 in all contracts awarded.

Time and material contracts should not be used except for emergency circumstances – must be monitored and have a price cap.

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Ineligible Contracts

Cost-plus percentage of cost

Piggyback contracting is generally ineligible

Contracts over $10,000 must include clauses for termination for cause and convenience

Verify you’re not working with a debarred contractor www.sam.gov/

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Category Z Management Costs

Applicants are eligible to claim management costs up to 5% of their total project costs but are only paid actual costs spent up to the 5%
Applicants must use the pay policy that was in effect prior to the declaration date of the disaster
Documentation of work must be provided, including dates, times, and projects worked on
Mileage for driving to sites can be claimed
Management Cost projects are reconciled after all work is completed and Large Project Closeout is completed

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Large or Small Projects

Small

Must meet the minimum amount of:

Between $3,800 and $999,999

Large

Based on estimate or actual costs written in the Project Worksheet, if the project is in excess of:

$1,000,000

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Work Deadlines &Time Extensions

Work Deadlines:

Emergency Work: up to one year from declaration
Permanent Work: up to four years from declaration
FEMA must grant further extensions.
Applicants should contact the State as soon as they know they will not meet the project deadline.

The State is responsible for granting Time Extensions to Applicants. When requesting time extensions, Applicants must provide:

The project number
Reason the deadline will not be met
Expected project completion date

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Audits

An audit is required if an applicant has received over $750,000 of Federal funds within a calendar year

Common audit findings:
No debarment and suspension policy (sam.gov)
Lack of internal controls – have written policies
Poor contracting practices – must have documented procurement policies
Unsupported costs - documentation
Duplication of benefits

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Record Retention

Applicants are required to retain documentation for 3 years following the closeout of the DISASTER.

A disaster cannot be closed out until the last project has been closed out.

The state POC will notify when the disaster has been closed out.

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Key Take Away(s)

State and FEMA contacts are here to help and we work as a team.

Deadline for applying for PA is September 22, 2023 (2 step process you must register and apply for PA).

Use handouts and resources and don’t hesitate to contact us.

Refer any potential applicant to state contacts.

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Contact Information

Division of Homeland Security & Emergency Management – Office of Grants Management (DHSEM / OGM)

Ted Lucero – Recovery Closeout Specialist (PA)
303-917-4268

Mercedes Schwall – Recovery Closeout Specialist (PA)
720-326-3478 (El Paso and Douglas Counties)

Elsa Henry – Recovery Grants Manager (PA)
720-467-1979

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Questions and Comments

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Hazard Mitigation �Build back better with PA Mitigation!

406 Mitigation:

In conjunction with the repair of the disaster-damaged facilities, so is limited to declared counties and eligible damaged facilities.

Eligible applicants are not required to apply

FEMA uses cause of damage to see if 406 Mitigation will apply

Only permanent work is eligible

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Hazard Mitigation Grant Program�(HMGP)

Separate from 406 mitigation

Does not have to be damaged from disaster

Reduce or eliminate long-term risks to people, property, and infrastructure from ALL natural hazards.

Eligible sub-applicants include counties, municipalities, and special districts. You must have a FEMA-approved Hazard Mitigation Plan at the time of award.

Some Private Non-Profits are also eligible.

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Hazard Mitigation Grant Program

FEMA provides up to 75% of the cost of awarded projects.

Highest priority is the impacted communities, then adjacent communities, then statewide.

DEADLINES:

Application draft – May 31^st 2024
Revisions – July 19^th 2024

Contact MarkW.Thompson@state.co.us with questions.