Facts on FEMA Assistance

Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 Facts on FEMA Assistance (All information references The Stafford Act (42 USCA 5121-5206) and CFR 44: Chapter 1, Subchapters A-F) Eligible Applicants • State government agencies • Local governments • Private Non-Profit (PNP) Organizations that have 501 (c), (d), or (e) status • Indian Tribes or authorized tribal organizations Eligible Work • Emergency Work o Category A – Debris Removal o Category B – Emergency Protective Measures • Permanent Work o Category C: Road and Bridge Systems o Category D: Water Control Facilities o Category E: Public Buildings & Equipment o Category F: Public Utility Systems o Category G: Park/Recreation & Other (PNP Excluded) Eligible Costs • Labor o Temporary labor Caution: Public Bid Law questions still undecided o Permanent labor o Part-time labor o Donated resources (eligible to offset non-federal portion of the cost of emergency work) o Contract labor • Wages o The straight or regular-time salaries and benefits of permanently employed personnel are not reimbursable. 44 CFR 206.228(a)(4) and FEMA Policy Directive # 9525.7, p. 1. o For permanent employees, overtime labor is eligible if the applicant had a pre-disaster policy allowing OT pay. PA Guide - FEMA Publication 322, p. 36. If there is a pre-disaster policy for providing compensatory time in place of overtime, then FEMA reimbursement 1 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 • • • • will be based on that policy, and reimbursement for overtime is not eligible. o Costs for compensatory time are eligible at regular rates (not at premium rates possible for overtime), but it must be a part of the employer’s official timekeeping system. PA Guide - FEMA Publication 322, pp. 36-37. o The straight and overtime labor of temporary employees is reimbursable; however, the hours worked and payments made must be documented. o Fringe benefits, not associated with regular-time salary and paid as part of an established overtime or compensatory time policy, are eligible. Because certain items in a benefit package are not dependent on hours worked, such as health insurance, the fringe benefit rate will be different for regular and overtime hours. The overtime fringe benefit rate is usually significantly lower. PA Guide - FEMA Publication 322, p. 37. Equipment o Rented/leased o Applicant-owned (must use state, local, or FEMA rates, whichever are lower) Materials & supplies o Inventory o Purchased (includes equipment purchased for under $5,000) Emergency public transportation Post-disaster overtime costs o If the subgrantee’s pre-disaster policy does not pay employees for overtime, FEMA will not reimburse the cost of overtime. If a pre- • disaster local or state provision exists to pay overtime during emergency situations, FEMA will reimburse the cost of overtime. Temporary relocation o Medical facilities o Custodial care o Fire departments & police departments o Utility facilities o Homeless shelters o Community centers o Libraries (other than school libraries) o Senior citizen centers Ineligible Costs 2 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 • • • • All indirect costs and all administrative costs related to administering the subgrant or performing disaster work are ineligible to subgrantees because they are covered by the statutory administrative allowance Computer system/software for tracking Property tax re-assessments Disaster applicant centers (DACs) Contract Costs • States follow their normal procurement policies and procedures • Other grantees and all subgrantees may use their own procurement procedures, provided they meet the minimum standards set out in 44 CFR 13.36(b)-(i) 3 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 Frequently Asked Questions for Eligibility 1. Do all contracts have to be competitively bid? Ordinarily amounts over $100,000 may have to be bid. By Executive Order, the Governor has suspended Public Bid Law for 60 days. FEMA “says” they will waive. Competitive bids are not required when: • FEMA accepts the state suspension of the Public Bid Law • The item is available only from a single source • FEMA authorizes noncompetitive bid proposals • After solicitation of a number of sources, competition is determined inadequate • The contract will eliminate or reduce an immediate threat to life, public health or safety Caution: FEMA must agree to the immediate threat 2. Does the time period in which work is performed affect the reimbursement of that work? Yes. The current periods are: • Debris removal – 6 months • Emergency protective measures – 6 months • Permanent repair work – 18 months Time extensions may be granted for extenuating circumstances 3. What costs are covered by the Statutory Administrative Allowance? Those costs that are defined in the statute (LLA will develop further assistance in this regard). Also note that the statute is not the same for grantees and subgrantees. 4. If another federal program is responsible for a service, will FEMA cover the deficit not covered by that program? No. Only one federal program per service is allowed. 5. How should an eligible agency begin the process? To develop a FEMA form, the Project Worksheet (PW), the applicant must include within that form a broad explanation of the scope of work detailing which category you are applying for and who will be responsible for that work. Caution: Link the work to the disaster. 4 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 Three parties will participate in preparation of this PW: • FEMA • Local • State Project Administrator 6. What is the general flow of assistance? • Presidential and state declaration of a disaster • Public Assistance Coordinator (PAC) assigned • Submit Request for Public Assistance (A PW is a project worksheet, a form used to document the scope of work and cost estimate for a project) • Project funding obligation by FEMA through a Public Assistance Officer (PAO) • Funds authorized by FEMA • Electronic transfer made to the Louisiana Office of Homeland Security and Emergency Preparedness (LOHSEP) through SmartLinx • LOHSEP makes payment to the applicant 7. How is the project to be documented on an ongoing basis? FEMA has developed five summary records that you can use that include: • Force Account Labor Summary Record • Force Account Equipment Summary Record • Materials Summary Record • Rented Equipment Summary Record • Contract Work Summary Record • Applicant is responsible for maintaining detailed documentation to support summaries 8. Will there be quarterly reporting throughout the project? Yes. A quarterly report will be provided to the Public Assistance Officer (PAO) every three months until the project is completed. The quarterly report is an unsigned copy of the FEMA form, Project Listing (P.4) indicating the current status of each Project. The final P.4 report must be signed and dated by the applicant. The state is responsible for submitting quarterly financial status reports and a quarterly progress report for each open large project to FEMA. States are responsible for obtaining the necessary information from its subgrantees. The State’s Administrative Plan should outline how it will obtain the information. 9. What are some helpful websites to get further information? 5 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 LOHSEP: http://www.loep.state.la.us/Default.htm FEMA: http://www.fema.gov/ La. Legislative Auditor: http://www.lla.state.la.us/ 6 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 Glossary of Terms Applicant A State agency, local government, or eligible Private Non-Profit organization (PNP) who submits a request to the Grantee for disaster assistance under the State’s grant. Applicant Liaison (Liaison) A state customer service representative responsible for providing applicants with state specific information and documentation requirements. The Liaison works closely with the Public Assistance Coordinator to provide any assistance the applicant may require. Case Management File A centralized data bank of all applicant activities. Data entered into this bank creates a chronological history of everything that has taken place with an applicant from the time they apply for assistance until they have received all monies and their file has been closed. Cost Estimating Format (CEF) A forward pricing methodology for estimating the total cost of repair for large permanent projects by use of construction industry standards. The format uses a base cost estimate and design and construction contingency factors, applied as a percentage of the base cost. Declaration The President’s decision that a major disaster qualifies for Federal assistance under the Stafford Act. Emergency Work That work which must be done immediately to save lives and to protect improved property, public health and safety, or to avert or lessen the threat of a major disaster. Emergency work frequently includes clearance and removal of debris and temporary restoration of essential public facilities and services. (Category AB) Facility Any publicly or privately owned building, works, system, or equipment, built or manufactured, or an improved and maintained natural feature. Land used for agricultural purposes is not a facility. Force Account 7 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 An applicant’s own labor forces and equipment. 8 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 Hazard Mitigation Any cost-effective measure that will reduce the potential for damage to a facility from a disaster event. Immediate Needs Funding (INF) An advance of grant funds to assist with payment of emergency work within the first 60 days after a disaster strikes. The amount of funding is normally 50% of the Federal share of emergency costs as identified during the preliminary damage assessment. Improved Property A structure, facility, or item of equipment that was built, constructed, or manufactured. Land used for agricultural purposes is not improved property. Kickoff Meeting The initial meeting between an applicant, the Applicant Liaison and the Public Assistance Coordinator (PAC). At this working session, the applicant provides a list of damages and receives comprehensive information about the Public Assistance Program and detailed guidance for their specific circumstances. Large Project Eligible project, either emergency or permanent work, with a damage dollar value of $55,500 or greater. Permanent Work That work that must be performed through repairs or replacement to restore an eligible facility on the basis of its pre-disaster design, use, and current applicable standards (Category C-G). Preliminary Damage Assessment (PDA) A survey to determine the impact and magnitude of damage caused by the disaster and the resulting unmet needs of the public sector and community at large. The PDA is the basis for estimating total disaster-related damage and evaluating the need to request a Presidential declaration of disaster. Project A logical method of performing work required as a result of the declared event. Project Formulation The process of documenting the eligible facility, the eligible work and the eligible cost for damages resulting from the declared event. 9 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 Project Worksheet (PW) Form used to document the damage and develop the scope of work for a project. Project Officer (PO) An emergency management employee with demonstrated experience and training in management of large and complex repair projects. Private Non-Profit Organization (PNP) Any non-governmental agency or entity that currently has either an effective ruling letter from the U.S. Internal Revenue Service granting tax exemption or satisfactory evidence from the State that the non-revenue producing organization or entity is a nonprofit one organized or operating under State law. Public Assistance (PA) Supplementary Federal assistance provided under the Stafford Act to State and local governments or certain Private Non-Profit organizations other than assistance for the direct benefit of individuals and families. Public Assistance Coordinator (PAC) A FEMA customer service representative responsible for providing continuity of service to an applicant in the recovery process of the Public Assistance program. Public Assistance Officer (PAO) A Federal official specifically responsible for the Public Assistance (PA) Program during disaster operations. Typically, a State PAO is also designated with similar responsibilities within the State organization. Request for Public Assistance (Request) The official notification of intent to apply for public assistance monies following declaration of a disaster. It is a short form that asks for general identifying information about an applicant. Small Project Eligible project, either emergency or permanent work, with a damage dollar value of less than $55,500. Special Considerations Factors that must be addressed before Federal grant money can be obligated to repair or restore damaged facilities. These factors include, but are not limited to, general and flood insurance, historic preservation, environmental protection, and hazard mitigation. 10 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions. Office of the Legislative Auditor Steve J. Theriot, Legislative Auditor 9/27/05 Stafford Act The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-107; (42 USCA 5121-5206) Specialist An emergency management employee with demonstrated technical or program expertise in a defined specialty. Validation A pre-funding verification to confirm the eligibility, compliance, accuracy, and reasonableness of small projects formulated by an applicant. 11 The information in regard to assistance for public agencies has been researched by the Legislative Auditor's staff and is based upon the law, regulations and policies of FEMA during the time of a major disaster. The answers are not however certified to be the responses a particular agency may receive from FEMA, contingent upon particular circumstances and unique conditions.