Applicant’s Briefing

FEMA-4085-DR-NY

Incident PeriodIncident PeriodOctober 27, 2012 and October 27, 2012 and

ongoingongoing

Declaration DateDeclaration Date

October 30, 2012October 30, 2012(Amended Date: November 2 and 13, (Amended Date: November 2 and 13,

2012)2012)

Declared Counties (as of Nov. 13, 2012):

Public and Individual Assistance

Public Assistance

Individual Assistance

Key Personnel

• Michael Byrne FEMA Federal Coordinating Officer

• Jerome M. Hauer NYSOEM State Coordinating Officer

• FEMA/ State Teams

• County Emergency Managers

• NYSOEM Regional Staff

Supplemental financial assistance to state, local

governments, and certain non-profit organizations for response and recovery

activities required as a result of a disaster

What is Public Assistance??

The Public Assistance Process

Deadlines for Submission

Project Worksheets – Identified Project Worksheets – Identified WithinWithin

days of Kickoff Meetingdays of Kickoff Meeting

Request for Public AssistanceRequest for Public Assistance

days after declaration for submission

Eligibility

Eligible Applicants

State Agencies County Government

City GovernmentCertain Private Nonprofit Organizations

Native American Tribes or Tribal Organizations

Private Non-Profit EntitiesCritical

Fire/Emergency – RescueEmergency Medical Care

Utility- Power, Water, Sewer, WWTP, Communications

Educational Institutions

Private Non-Profit EntitiesNon-Critical

Senior Citizen Day CentersDaycare Centers

Homeless SheltersShelter workshops

LibrariesRehabilitation Facilities

Community Centers

Private Non-Profit Requirements

Completed RPA PackageDUNS Number

By-LawsTax Exempt Letter, 501(c), (d), or (e) IRS

designation

PNP’s go through an eligibility evaluation. This evaluation can not be conducted until

all of the above is submitted.

Eligibility

Facility Eligibility Requirements

Damage- result of the eventLocated within the area declared

Legal responsibility of eligible Applicant In active use at the time of the disasterNot under authority of another federal

agency (ex. US Army Corp. of Engineer Water Treatment Facilities)

Eligibility

Emergency Work• Category A (Debris Removal)– Clearance, removal, storage, disposal

• Category B (Emergency Protective Measures)– Access, protection, emergency services, eliminate

hazards, support, highways and community needs

6 Month Completion 6 Month Completion Deadline: Deadline:

April 30, 2013April 30, 2013

(May 3 or 13, 2013 amended)(May 3 or 13, 2013 amended)

Moving Ahead for Progress in the 21st Century Act (MAP-21)

Debris Removal

• July 6, 2012 – Signed into Law

• In a declared disaster, FEMA will fund 75% for debris removal along FHWA roadways

• FHWA road map: www.fhwa.dot.gov/planning/national_highway_system/nhs_maps/new_york/index.cfm

• More information: www.fhwa.dot.gov/map21

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 18 Month Completion Deadline: Deadline:

May 4, 2014May 4, 2014

(May 13, 2014 )(May 13, 2014 )

From the date of the declaration:

October 30, 2012 (amended Nov. 2 and 13, 2012)

Emergency work - 6 months (+ 6 months by NYS)

Permanent work - 18 months (from amended date Nov. 3 or 13, 2012)

(+ 30 months by NYS)

Further extensions require approval by FEMA

Special ConsiderationsEnvironmental

Ensure all practical means are used to protect, restore, and enhance the environment

** Local Regulations Also Apply**

Special Considerations

Insurance

Proceeds (actual or anticipated) deducted from eligible project costs

FEMA requires applicants to obtain and maintain insurance for future disaster

damage

Special Considerations

Floodplain Insurance Requirements

If facility does not have NFIP Insurance,

Project Worksheet (PW) will be reduced by amount that would have been covered by NFIP

Special ConsiderationsSpecial Flood Hazard Areas

Flood Hazard Area- Projects within or affecting floodplain MUST be reviewed to ensure that it meets requirements of

the Executive Orders on Floodplain Management and Protection of Wetlands

Coastal High Hazard Areas – Coastal High Hazard areas and areas covered by the Coastal Barrier Resources

Act require Special Considerations review

Special ConsiderationsHazard Mitigation

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

Only Permanent Work is eligible for Hazard Mitigation

Hazard Mitigation Scenario

Disaster damageLarger culvert

withconcrete wing-

walls

New upstream retention pond

Pre-disaster

Special Considerations

Historic Preservation

Listing on the National/State Register of Historic Places

Buildings, landscapes, archaeological sites, or even bridges and water treatment plants

Not necessarily old but important to local, state, or national history

Requires special consideration under the National Historic Preservation Act

Eligibility

COST

Reasonable and Necessary

Complies with federal, state and local laws & regulations

Insurance proceeds and purchase discounts must be deducted

Federal Cost Share

FEMA may provide 100% for Category B costs for eligible applicants for a 10 day period for provision of either

emergency electrical restoration to protect public life and safety (e.g. Providing alternate power to hospitals, fire

stations, police, etc.) or providing emergency mass transportation support.

Equipment• Perform eligible work

• Auto/Truck – mileage or hourly rate

• Other equipment- hourly rate

• Stand-by time ineligible

• Intermittent UseHalf day or more = full day

Less than half day = actual hours

Equipment RatesFEMA rates are used for determining

project costs (estimating & comparing)

Local rates are used if different than FEMA and established prior to the

disaster

Labor•Force Account Labor plus Fringe

Benefits

–Emergency Work: All OT eligible, temporary employees regular time eligible. All other time ineligible.–Permanent Work: All labor eligible

Also travel and per diem for employees performing eligible activities

Force Account Labor Costs

Debris Removal

• One period of 30 day eligibility

• May reimburse straight or regular-time salaries and benefits of permanently employed staff

• Hours claimed must be related solely to eligible debris activities resulting from Hurricane Sandy

• May be captured under Category A or Category B

Donated Resources

Donations credit capped at non-federal share of emergency work

(may apply toward certain portions of community's non-

federal share of recovery costs)

A credit can be applied towards the local cost share for both Volunteer Labor and Donated Equipment

Volunteer Labor: Rate is the same as either paid

employees within an applicant’s organization or, if none, similar work done by a local paid organization.

Value of Volunteer Labor = (Determined Labor Rate) * (Number of Volunteer Hours)

Donated Resources: Rate is determined by local rates (if

established) or FEMA equipment rate.

Value of Donated Resources = (Determined Equipment Rate) * (Number of Equipment Hours)

Materials

Purchased or stock

Used for eligible work

Need invoices, historical data or area vendor quotes

Contracts

• All contracts incurred for eligible work are reviewed by FEMA-State teams; includes rental equipment

• Prefer competitively bid with fixed-procurement procedures.

ContractsTime and material

contracts are acceptable BUT:

•Should only be used for emergency “hot spots” (early debris rights-of-way clearance) •MUST have a cap and MUST be monitored•Accepted for 100 hours of work (DR 4085 only)

Lump sum contracts are acceptable:

•Easy to monitor when the scope of work is well defined•Requires minimum labor for monitoring•Quantities do not have to be documented

Ineligible Contracts• Cost-plus percentage of cost

• “Contingent upon FEMA reimbursement”

• Contract with a debarred contractor

http://www.labor.ny.gov/workerprotection/ publicwork/PDFs/debarred.pdf

Project WorksheetThe PW Requires:

Damage description and location listwith actual or estimated costs

A comprehensive scope of work necessary to repair disaster damage.

(all considerations should be looked at before finalizing estimate)

A SPECIAL CONSIDERATIONS SHEET

Identifying all special consideration issues.

What info is needed for a PW? List of Damages

Procurement Policies Labor Management Contracts

Maps Photos

List of paid staff, regular and OT hours – dates and times Fringe Benefits info

List of equipment used, hours of operation – dates and times, miles driven, other records

List of materials and supplies used Copies of any contracts used for this event

Applicable codes and standards Hazard Mitigation Proposals

Small or Large Project???

$67,500 Annually updated, $67,500

is the FY 13 threshold amount

SMALL LARGE

Small Projects

Based on Estimate written in Project Worksheet

Paid upon Project Worksheet approval

Large Projects•Paid based on % completed

•Final payment – Based on actual documented approved costs

•Progress Payments – Requested up to 50% of original approved project

estimate

•Quarterly Report Requirement- Update of work completed due to NYSOEM every

quarter for life of project

Improved ProjectsMUST be identified to State in ADVANCE of start Improvements that increase the size, capacity,

or add additional functionsFunds limited to Federal share of estimated

costs for facility restorationAll portions of project reviewed for Special

Considerations

Alternate Projects

•Requested within 12 months after Kick-off Meeting•75 – 90% of Approved federal cost share

•Facility abandoned- must be rendered secure•Cannot have 406 (PA) mitigation funding•All parts of project review for Special

Considerations

Federal Share 75 %

Non-Federal Share 25 %

Funding

Direct Administrative Costs

Costs must be identified on each specific PW

Payment Process Project Worksheet is written, approved and obligated by FEMA

The Federal and State share of funding for each project is

calculated

Office of the State Comptroller directs funds to applicant via

wire transfer

NYSOEM Finance sends letter to Chief Financial Officer

NYSOEM Public Assistance (PA) section sends Approved Project Notification (“Blue Book”) to the POC on the RPA either by “Blue Book” folder or electronically

Audits – All applicants must meet OMB A-133 circular Audit

requirements or funding may be jeopardized.

Project Notification Folder

Sent to applicant’s agent when FEMA approves a project

Includes a copy of the obligated Project Worksheet (PW); review carefully

Starts time clock for appeal of any FEMA decision

Includes the Project Completion P-4 form that needs to be signed and returned to NYSOEM DAO

at completion of work

(NYSOEM “Blue Book”)

Disapproved Project NotificationEMMIE Notification Letter

Sent to applicant’s agent when FEMA disapproves a project

Includes a copy of the Project Worksheet (PW) and the EMMIE notification

Starts time clock for appeal of FEMA decision

Appeals Any determination related to Federal assistance may be

appealed.

The time limit for appeal submission is 60 days from receipt of written notice of the action which is being appealed.

Funds are Lost if Applicant’s Don’t: … ask questions

… change scope of work without FEMA pre-approval

… obtain required permits … follow contract procedures

… perform work as described in the approved PW

… ensure administrative continuity… keep complete, clear and accurate records … remain aware of the PA program deadlines

What’s Next? Submit completed RPA Package, DUNS # etc.

***Not considered an applicant until all documentation is submitted***

PAL-PAC Team available to meet on-site

Applicant meets with team at kickoff meeting - projects are scoped out in preparation for estimating

Projects are identified within 60 days of Kickoff Meeting

W-9SFS Form

for Vendors* Needed for

Private-Not for Profit, Fire

Departments, etc.

NYS Office of Emergency Management &Federal Emergency Management Agency

Hazard Mitigation Grant ProgramApplicant BriefingHurricane Sandy

HMGP-4085 November 2012

Hazard Mitigation Mit-i-ga-tion \ n. : sustained actions that eliminate or reduce long-term risk to people and improved property from natural hazards Creates safer communities, reduce loss of life and damage to improved property, diminish financial and emotional stressBreaks the cycle of disaster damage and lossAllows communities to rebuild more quicklySaves money: every mitigation $ spent avoids an average of $4 in future damages

5 Hazard Mitigation ProgramsHazard Mitigation Grant Program (HMGP)Pre-Disaster Mitigation Program (PDM)Flood Mitigation Assistance Program (FMA)Repetitive Flood Claims Program (RFC)Severe Repetitive Loss Program (SRL)

[ NB: HMGP is tied to NYS disaster declarations ][ NB: PDM, FMA, RFC &SRL are nationally competitive and announced annually, subject to Congressional appropriation ; none this year ]

Requirements: ApplicantsEligible Applicant: NYS, acting through State OEM Eligible Sub-applicants:

State agencies & local governmentsFederally-recognized Indian Tribal GovernmentsState-recognized Indian TribesPrivate non-profits providing government services

[ NB: PNPs participating in property acquisitionmust have land conservation as a mission ]

Individuals and business are not eligible applicants

Requirements: Mitigation PlansGenerally speaking, sub-applicants seeking project

funds must be covered by a current all-hazards mitigation plan at the time of award[ A valid plan is one approved by FEMA & adopted by the community; some cover a community, others are regional or county-wide ]

Sub-applicants that have begun the update process should be able to meet this requirement

There is a “special circumstances” plan waiver

Requirements: Cost-EffectivenessProjects must be cost-effective as determined by a

Benefit-Cost Analysis (BCA) meeting FEMA standardsBCA must verify that future benefits (losses to be

avoided) equal or exceed the project's costSee State OEM’s webpage for guidance on capturing

damages that will help us perform a BCA

Requirements: Cost-EffectivenessBased on our experience in Irene and Lee, more than

50% of the elevation projects submitted do not meet the cost-effectiveness requirement

Under FEMA’s special waiver for the HMGP, the acquisition of substantially-damaged properties in a 100-year floodplain is presumed to be cost-effective [ Under NFIP: “substantial damage” occurs when the cost of repairing damage of any origin equals or exceeds 50% of the structure’s pre- damage Fair Market Value (FMV) ]

Requirements: 25% Local ShareFEMA funds provide 75% reimbursement of eligible

costs, up to the amount of the awardIn-kind services or materials may be used toward the

25% non-Federal matchOther Federal funds cannot, with some exceptions:

Increased Cost of Compliance (ICC) payouts from a National Flood Insurance Program (NFIP) policy

most HUD Community Development Block Grants (CDBG)

What HMGP Will Pay ForMinor localized flood reduction measuresRoadway elevationCulvert enlargements Storm water drainage system expansion/upgradeRetention or detention basinsStream bank stabilization to protect infrastructure

and buildings from damagePlacing overhead electrical systems underground

What HMGP Will Not Pay ForPreparedness activities: shelters, sandbagsProjects dependent on other phases for benefitsStudies and generators not directly tied to a projectDeferred repairs, negligence, operating expensesDredging, limb & debris removal, beach nourishmentMajor flood control projects related to construction,

demolition, or repair of dams, levees, floodwallsProjects you’ve already begun or completed

Questions & ContactFor more information, please contact us:

Rick Lord, Chief of Mitigation ProgramsNYS Office of Emergency Management1220 Washington Avenue, Albany, NY 12226

518-292-2304nysoemhazmit@dhses.ny.govwww.dhses.ny.gov/oem/programs/hmgp.cfm

►Your FEMA/ State Team (1st Point of Contact)

►NYSOEM Applicant Handbook

►NYSOEM’s Website (www.dhses.ny.gov)

►FEMA’s Website (www.fema.gov)

►FEMA Policy Digest No. 321

►FEMA Public Assistance Guide No. 322

►FEMA Applicant Handbook No. 323

►County Emergency Managers

Additional Information

NYSOEM Contact InfoRECOVERY SECTION

State Campus Bldg. 22, Suite 1011220 Washington Ave, Albany, NY 12226

(518) 292-2293 Fax Number: (518) 322-4984

www.dhses.ny.gov

After the Joint Field Office closes…

DAO – Linda Moreno (518) 292-2388lmoreno@dhses.ny.gov