Applicant Briefing for Public Public Assistance�DR-4634

Declaration Date: December 31, 2021

Incident Period: December 30, 2021 – January 7, 2022

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Initial Applicant Briefing

• This training is being recorded and will be available on Youtube and on this calendar invitation
• Please ensure that the relevant people in your organization see this (finance officials, emergency managers, etc.)

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What is FEMA Public Assistance?

• The purpose of the Public Assistance (PA) Grant Program is to support communities’ recovery from major disasters by providing them with grant assistance for debris removal, life-saving emergency protective measures, and restoring public infrastructure. Local governments, states, tribes, territories and certain private nonprofit organizations are eligible to apply.
• Public Assistance is FEMA's largest grant program. FEMA administers billions of dollars through PA grants to help communities clear debris and rebuild roads, schools, libraries, and other public facilities.

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Agenda

1. Key Deadlines
2. Applicant Eligibility
3. Facility Eligibility
4. Work Eligibility
5. Cost Eligibility
6. Documentation Requirements
7. Donated Resources

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8. Large vs. Small Projects
9. Capped Projects
10. Section 428 Projects: Permanent Work
11. Environmental and Historic Reviews
12. Insurance Reviews
13. Mitigation
8. 406 Mitigation
9. 404 Mitigation

Eligibility Pyramid

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Key Deadlines

• Request for Public Assistance must be submitted through FEMA’s Grants Portal for DR-4634 by January 30, 2022.
• This is a Sunday, the deadline will NOT be extended to Monday, January 31, 2022.
• Grants Portal: grantee.fema.gov
• Two-Step Process if not already registered:
• Register for Access
• Submit RPA

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Key Deadlines

• After your RPA is submitted FEMA or FEMA and the State will work with you to then schedule an exploratory call to discuss FEMA PA and the expectations of the program.
• After the exploratory call, FEMA or FEMA and the State will schedule a Recovery Scoping Meeting with each applicant.
• All damages must be identified within 60 days of FEMA’s Recovery Scoping Meeting with the applicant.

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RPA DEADLINE

• Request for Public Assistance must be submitted through FEMA’s Grants Portal for DR-4634 by January 30, 2022.

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• Grants Portal: grantee.fema.gov

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Applicant Eligibility �(Government Entities)

• Tribal Governments
• Local Governments
• Counties and parishes
• Municipalities, cities, towns, boroughs, and townships
• Local public authorities
• 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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Applicant Eligibility �(Private Non-profits)

• Provide Critical Services
• Emergency Response (Fire, Rescue)
• Emergency Medical Care
• Utilities
• Educational Institutions
• Certain Non-critical Services
• Senior Citizen Centers
• Daycare Centers
• Homeless Shelters
• Libraries
• Rehabilitation Facilities
• Community Centers
• Houses of Worship
• Please see the next slide for requirements related to applying for SBA loan assistance

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Private Non-Profits and SBA

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Applicant Eligibility �(Private Non-profits)

• Required Documentation
• Completed Request for Public Assistance Package in Grants Portal (grantee.fema.gov)
• DUNS Number
• By-laws
• Tax Exempt Letter, 501(c), (d), or (e)
• IRS 990
• IRS Form H

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• PNPs need to provide quite a bit of documentation to ensure their eligibility please try to submit all this documentation prior to January 30, 2022.

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Ineligible Applicants

• Businesses
• Individuals

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Process Overview

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Facility Eligibility

• A facility is a building, system, or equipment, built or manufactured, or an improved and maintained natural feature
• Natural Features:
• The natural feature has a designed and constructed improvement to its natural characteristics, such as a terraced slope or realigned channel;
• The constructed improvement enhances the function of the unimproved natural feature; and
• The Applicant maintains the improvement on a regular schedule to ensure that the improvement performs as designed.

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Work Eligibility Categories

• Emergency Work:
• Debris Removal (Category A): Clearing, removal, storage, disposal
• Emergency Protective (Category B): Access, protection, emergency services, eliminate hazards, support, community needs
• Permanent Work:
• Roads and Bridges (Category C)
• Water Control Facilities (Category D)
• Buildings & Equipment (Category E)
• Utilities (Category F)
• Parks, Recreation, & Other (Category G)

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Category H – Fire-fighting Activities aka “Suppression”

• Costs reimbursed under this category are commonly referred to as “suppression” expenses.
• Wildfire suppression is defined by the USFS as: all the work of extinguishing or containing a fire.
• For agencies that regularly participate in wildland fire activities and are familiar with DFPC’s cooperator reimbursement program, any expenses that would be reimbursable on an “normal” wildland assignment (either in- or out-of-state) is considered a suppression expense.

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Work Eligibility

• Key Points on Work Eligibility:
• Damage – result of the disaster
• Located in a declared county
• Legal Responsibility of the applicant

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Cost Eligibility Key Points

• Directly Tied to the performance of eligible work
• Adequately documented
• Reduced by all applicable credits, such as insurance proceeds and salvage values
• Consistent with Policies and Procedures
• Local Procurement
• Federal Procurement
• Contracting
• Necessary and Reasonable

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Cost Eligibility Documentation

• The quality of your documentation will determine the speed you will receive reimbursement.
• Providing all the documentation to FEMA and the State in an organized fashion will result in a reimbursement process that will take months
• Providing piecemeal and inadequate documentation will result in a reimbursement process that may take years

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Labor Cost Eligibility

• For permanent work PWs labor costs are eligible for straight-time and overtime for both budgeted and unbudgeted employees
• For Emergency Work PWs labor is only eligible as follows:

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Section 428: Debris

• 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 PAAP for Debris have been discontinued

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Labor Cost Documentation

• Signed timesheets
• Activity logs that provide details that describe specific tasks and accomplishments
• Payroll information
• Payroll records/Check records
• Payroll Policies
• Overtime Policies
• Fringe Benefit Rates and Policies

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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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Contract Expenses

• Invoices
• Contracts
• Amendments / Change Orders / Task Orders
• Proof of Payment
• Procurement Documentation

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Emergency Procurement

• Memo for each procurement action that outlines the following:
• Costs are reasonable
• Costs are necessary
• Local policies were followed or waived (if waived documentation is still needed to show the waiver and how the waiver complies with the policy)
• Much more information can be found here: https://www.fema.gov/news-release/2020/03/20/procurement-under-grants-under-exigent-or-emergency-circumstances

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Procurement

• Non-emergency procurement needs to follow the more strict between local and federal procurement policies:
• Federal Procurement policy thresholds
• Micro-purchases (< $10,000.00)
• Small purchase procedures (<$250,000.00)
• Large purchases (>$250,000.00)
• Rules can be found at 2 CFR 200.317-326
• Training is available

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Procurement

• Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-Federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro-purchases if procedures are documented and approved by the non-Federal entity.

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Procurement

• Small purchase procedures <$250,000.00
• Must receive at least three quotes back
• “If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity.”
• Must go with the lowest quote

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Procurement

• Formal Procurement $250,000.00
• Sealed Bids
• A procurement method in which bids are publicly solicited and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid… is the lowest in price.
• Proposals
• A procurement method in which either a fixed price or cost-reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids.
• Qualifications
• The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation

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FEMA PDAT: Procurement Under Grants Training

• If you need to do any procurements for this disaster, please request a training or do the self-paced training
• Single most important you can do to ensure your grant funding remains eligible
• https://www.fema.gov/grants/procurement/training
• State assistance and reviews are also available

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Contracting

• Time and Material contracts are discouraged, and will be ineligible unless the following is true:
• No other contract was suitable;
• The contract has a ceiling price that the contractor exceeds at its own risk; and
• The non-state entity can demonstrate it provided a high degree of oversight to obtain reasonable assurance that the contractor used efficient methods and effective cost controls.

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Contracting

• Cost plus percentage of costs contracts are ineligible
• Piggyback contracting is generally ineligible
• Contracts over $10,000 must include clauses for termination for cause and convenience
• Contracts over $250,000.00 must include all federal provisions listed in 2 CFR Part 200, Appendix II

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Donated Resources

• Labor, Equipment, and Materials can be used to offset the non-federal share of your award
• The following applies:
• The donated resource is from a third party
• A third party includes private entities or individuals, including individuals that are normally paid employees of the Applicant or Federal, State, or Tribal Government, but are volunteering as unpaid individuals and not on behalf of the employer);
• The donated resource is necessary and reasonable;
• The Applicant uses the resource in the performance of eligible work and within the respective project’s period of performance; and
• The Applicant or volunteer organization tracks the resources and work performed, including description, specific locations, and hours.

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Large vs Small Project

• Smallest Project FEMA can write is $3,500.00
• Projects under $139,800.00 are considered small projects by FEMA and have different administrative requirements

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Large Projects

• Initial payments can be done quickly with good cooperation
• Additional payments will be made on upon review of reimbursement requests
• Final Payment – 5% withholding
• Quarterly Report Requirement – QR in EMGrants Required

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Capped Projects

• Section 428 for permanent work
• Improved
• Alternate

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Section 428: Permanent Work

• Applicants will decide project by project if they will utilize alternate procedures or remain in the actual cost program
• Capped Grant on the basis of an estimate
• FEMA, the grantee, and the applicant agree on capped costs
• Only available for Large Projects
• Applicants may be permitted to keep any excessive funds
• If applicants exceed capped costs, additional costs will be the responsibility of the applicant

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Section 428: Permanent Work

• If an applicant agrees to alternative procedures (capped costs) and requests and alternate project, there will not be a reduction in funding.
• Alternate projects require approval from FEMA before construction begins.
• All projects reviewed for special considerations

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Section 428: Permanent Work

• Unspent Funds:

Acceptable uses of unspent funds:

• Hazard mitigation projects on damaged facilities or otherwise eligible facilities
• Activities to improve PA program operations such as training or planning

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• Require FEMA and State approval

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Environmental And Historic Reviews

• Emergency Work vs Permanent Work
• Ensure all practical means are used to protect, restore, and enhance the environment.
• Make sure all regulatory offices are contacted
• Obtain all permits and consultations from the regulatory offices
• Utilize Best Management Practices
• FEMA will put EHP requirements on your projects and non-compliance will result in the de-obligation of funding

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Environmental And Historic Reviews

• DR-4634 ‘Green Sheet’ can be viewed here:
• https://drive.google.com/file/d/1OMpBCwaa8WckNkB2wThpoiYLQ0lGAFhS/view?usp=sharing
• This document provides guidance on environmental compliance and key points of contact for all relevant agencies

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Insurance

• Proceeds (actual or anticipated) deducted from eligible project costs
• If a PW is over $5,000 an insurance requirement is placed on items that can be reasonably insured for life
• Funds will be paid upon proof of insurance

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Hazard Mitigation

• 406 Mitigation:
• Cost effective measures that reduce the potential for damages to a facility from a future event
• Optional
• FEMA uses cause of damage to see if 406 Mitigation will apply
• Only Permanent Work is eligible for Hazard Mitigation

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Hazard Mitigation Grant Program

• Separate from PA 406 mitigation but can work together.
• 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.
• FEMA provides up to 75% of the cost of awarded projects.
• Initial priority is the declared communities (June), then adjacent communities (September), then statewide.
• Anticipated sub-application deadline is mid-November.
• Contact MarkW.Thompson@state.co.us with questions.

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