Arkansas Department of Emergency Management

1
Arkansas Department of Emergency Management

• Applicants Briefing
• FEMA 4174-DR-AR

Arkansas Homeland Security Preparedness Agency
2
FEMA 4174 DR AR
Arkansas Department of Emergency Management

• Incident Period
• April 27-2014
• Severe Storms, Flooding, and Tornado
• PA Declaration on April 29, 2014
• Cat A and B only
• (Faulkner)

Arkansas Homeland Security Preparedness Agency
3
Request for Public Assistance
Arkansas Department of Emergency Management

• Applicants official notification
• Used to confirm applicant eligibility
• Must be submitted within 30 days of declaration
• Typically submitted at Applicants Briefing

Arkansas Homeland Security Preparedness Agency
4
PUBLIC ASSISTANCE GRANT PROGRAM
Arkansas Department of Emergency Management

• Supplemental financial assistance to state, local
  governments and certain private non-profit
  organizations for response and recovery
  activities required as a result of a disaster.

Arkansas Homeland Security Preparedness Agency
5
LAWS-REGS-POLICIES
Arkansas Department of Emergency Management

• Robert T. Stafford Disaster Relief and Emergency
  Services Act (STAFFORD ACT)
• Law
• Regulations ( 44 CFR Part 206)
• Used to implement the Statute
• Policies (9500 Series)
• Used to apply the regulations and Statute
• FEMA 321 PA Policy Digest
• FEMA 322 PA Guide
• FEMA 325 Debris Management Guide

Arkansas Homeland Security Preparedness Agency
6
GRANTEE or SUBGRANTEE
Arkansas Department of Emergency Management

• Grantee - State or tribal government that is
  responsible for administering Public Assistance
  grants. (ADEM)
• Subgrantee - eligible applicant that receives a
  Public Assistance grant as reimbursement for
  performing eligible disaster work.

Arkansas Homeland Security Preparedness Agency
7

Arkansas Department of Emergency Management
COST
WORK
FACILITY
APPLICANT
Arkansas Homeland Security Preparedness Agency
8

Arkansas Department of Emergency Management
COST
WORK
FACILITY
APPLICANT
Arkansas Homeland Security Preparedness Agency
9
ELIGIBLE APPLICANTS
Arkansas Department of Emergency Management

• State Government
• County Government
• City Government
• Certain Private Nonprofit Organizations
• Native American Tribes or Tribal Organizations

Arkansas Homeland Security Preparedness Agency
10
Eligible Private Nonprofit Entities
Arkansas Department of Emergency Management

• Educational
• Medical
• Custodial care
• Fire/emergency
• Utilities (power, water, sewer, etc)
• Certain irrigation facilities

Arkansas Homeland Security Preparedness Agency
11
Eligible Private Nonprofit Entities Must
Arkansas Department of Emergency Management

• Be tax exempt according to the IRS
• Operate as nonprofit under State law
• Request assistance for facilities used primarily
  for eligible purposes
• Provide services of a governmental nature
• Be open to the general public
• PNP questionnaire must be filled out to determine
  eligibility

Arkansas Homeland Security Preparedness Agency
12
PNP FUNDING LIMITATIONS
Arkansas Department of Emergency Management

• Critical Facilities
• Eligible for emergency permanent work
• Non-Critical Facilities (museums, libraries,
  zoos)
• Eligible for emergency work
• Must first apply to SBA for permanent work

Arkansas Homeland Security Preparedness Agency
13

Arkansas Department of Emergency Management
COST
WORK
FACILITY
APPLICANT
Arkansas Homeland Security Preparedness Agency
14
Eligible Facilities
Arkansas Department of Emergency Management

• Roads, bridges, and culverts
• Drainage and irrigation channels
• Public buildings Schools, Courthouses, etc.
• Water, power, and sanitary systems
• Parks, baseball fields, walking trails

Arkansas Homeland Security Preparedness Agency
15
ELIGIBILE FACILITY REQUIREMENTS
Arkansas Department of Emergency Management

• Damaged as a result of a declared event
• Located within a declared disaster area
• The legal responsibility of an eligible
  Applicant
• In active use at the time of the disaster
• Not under the authority of another federal
  agency

Arkansas Homeland Security Preparedness Agency
16
Ineligible Work
Arkansas Department of Emergency Management

• Routine maintenance
• Pre-existing damage
• Work caused by lack of maintenance

Arkansas Homeland Security Preparedness Agency
17

Arkansas Department of Emergency Management
COST
WORK
FACILITY
APPLICANT
Arkansas Homeland Security Preparedness Agency
18
CATEGORIES OF WORK
Arkansas Department of Emergency Management

• Emergency (Cat A B)
• Permanent (Cat C-G)

Arkansas Homeland Security Preparedness Agency
19
EMERGENCY WORK
Arkansas Department of Emergency Management
Category A - Debris Removal Category B -
Emergency Protective Measures
Arkansas Homeland Security Preparedness Agency
20
Arkansas Department of Emergency Management
Category A - Debris Removal

• Eligible
• Storm Related Debris
• In Public Right-of-way
• Separated at the Right-of-way/Curb
• Stumps (More than 50 Exposed)

• Not Eligible
• Private Property (case by case, FEMA approval)
• Unimproved Public Property
• Demolition
• Concrete Slabs
• Commercial Property
• Routine Garbage/Trash Pickup

Arkansas Homeland Security Preparedness Agency
21
Category A - Debris Removal
Arkansas Department of Emergency Management

• Overtime Only when using salaried/force account
  employees
• Temp hire employees (all time is eligible)
• Leased Equipment w/operator
• Contract proper bidding procedures and
  competitive bidding

Arkansas Homeland Security Preparedness Agency
22
DEBRIS Removal from Private Property
Arkansas Department of Emergency Management

• State or Local Government must submit written
  request
• Must arrange an unconditional authorization for
  removal, and indemnify the Federal Government
  against any claim arising from the removal.
• Debris Removal must be in Public Interest
• Eliminate immediate threats to life, public
  health, and safety
• Eliminate immediate threats of significant damage
  to improved property
• Ensure economic recovery of the affected
  community to the benefit of the
  community-at-large

Arkansas Homeland Security Preparedness Agency
23
DEBRIS MANAGEMENT
Arkansas Department of Emergency Management

• Obtain authorization prior to burning debris
  (ADEQ/SHPO)
• Debris staging must be on an acceptable site
  complete debris certification or get individual
  permits.
• Provide locations of authorized debris sites.
• Reduce debris volume wherever possible (e.g.
  grinding, chipping, burning, recycling).
• Dispose debris in a permitted landfill.
• Do Not dump debris into open waters of any kind
  (including wetlands or floodplains).

Arkansas Homeland Security Preparedness Agency
24
Arkansas Department of Emergency Management
Monitoring

• Type, Amount, and Location
• Measure/Certify Truck Capacity
• Load Tickets
• Validate hazardous trees, hangers, leaners, and
  stumps
• GPS Pictures Required
• Ensure trucks are accurately credited for load
• No Mixed loads
• Authorizations/Permits are obtained (ADEQ/SHPO)
• Daily monitoring reports

Arkansas Homeland Security Preparedness Agency
25
Category B - Emergency Protective Measures
Arkansas Department of Emergency Management

• Examples
• Emergency Debris Clearance (First Push, 70 hours)
• Search Rescue
• Safety Barricades Signs
• Security Forces
• Health Safety Hazards
• Emergency Protective Levees
• Sandbagging Emergency Pumping
• Food Shelter When provided by the applicant
• OT for Regular Employee and all salary costs for
  an Extra Hire

Arkansas Homeland Security Preparedness Agency
26
DONATED RESOURCES
Arkansas Department of Emergency Management

• Volunteer Labor (In-Kind Match)
• Applies to the Non-Federal Share of Emergency
  Work Only (A B)
• Credited at 10/hr
• List of volunteers names, record of hours worked,
  work site, description of work for each
  volunteer, and equivalent information for
  equipment and materials.

Arkansas Homeland Security Preparedness Agency
27
DONATED RESOURCES
Arkansas Department of Emergency Management

• Donated Equipment
• Reimbursed by hour using FEMA Equipment Rates
• For Donated Resources to be Eligible
• Must be documented by local public official or
  designee
• Volunteers must be doing eligible work

Arkansas Homeland Security Preparedness Agency
28
PERMANENT WORK
Arkansas Department of Emergency Management

• Category C G
• Restore a damaged facility to its pre-disaster
  design, function, and capacity in accordance with
  applicable codes and standards.

Arkansas Homeland Security Preparedness Agency
29
Permanent Work Categories
Arkansas Department of Emergency Management

• Category C Roads and Bridges
• Category D Water Control Facilities
• Category E Buildings and Equipment
• Category F Utilities
• Category G Parks, Recreational, and Other

Arkansas Homeland Security Preparedness Agency
30
Category C
Arkansas Department of Emergency Management

• Typical facilities include
• Roads
• Bridges
• Culverts/drainage structures
• Not eligible
• Permanent repairs to Federal-aid roads (FHWA)
• Private and homeowners association roads
• Maintenance items

Arkansas Homeland Security Preparedness Agency
31
Category D
Arkansas Department of Emergency Management

• Typical facilities include
• Dams and reservoirs
• Drainage and irrigation channels/facilities
• Levees/dams/flood channels

Arkansas Homeland Security Preparedness Agency
32
Category E
Arkansas Department of Emergency Management

• Typical facilities include
• Schools, hospitals, jails, courts, and other
  buildings
• Building contents and systems
• Equipment and vehicles

Arkansas Homeland Security Preparedness Agency
33
Category F
Arkansas Department of Emergency Management

• Typical facilities include
• Water distribution systems
• Power generation and distribution
• Waste water facilities
• Communications
• Not eligible
• Lost revenue
• Increased operating expenses due to disaster

Arkansas Homeland Security Preparedness Agency
34
Category G
Arkansas Department of Emergency Management

• Typical facilities include
• Public recreational facilities
• Public cemeteries
• Improved and maintained beaches
• Other
• Not eligible
• Trees and ground cover, regardless of purpose
• Natural features
• Private non-profit owned parks and recreational
  facilities

Arkansas Homeland Security Preparedness Agency
35
ELIGIBLE COSTS / Cat C-G
Arkansas Department of Emergency Management

• Regular and Overtime fringe benefits
• Materials
• Applicant owned equipment
• FEMA Cost Codes
• Rented equipment
• Contract costs incurred for eligible work,
  including engineering/design services

Arkansas Homeland Security Preparedness Agency
36
Codes and Standards
Arkansas Department of Emergency Management

• Five criteria
• Apply to the repair/ restoration work
• Appropriate to pre-disaster use
• Be reasonable, in writing, and formally adopted
  and implemented prior to the declaration
• Apply uniformly to all such facilities
• Be enforced

Arkansas Homeland Security Preparedness Agency
37
SPECIAL CONSIDERATIONS for WORK
Arkansas Department of Emergency Management

• Environmental Requirements
• Threatened Endangered Species
• Historic Preservation
• Special Flood Hazard Areas
• Hazard Mitigation
• Insurance

Arkansas Homeland Security Preparedness Agency
38
ENVIRONMENTAL REVIEW
Arkansas Department of Emergency Management

• Requires compliance with all Environmental and
  Historic Preservation Laws.
• Environmental review helps expedite compliance
  with Federal, State and Local laws.
• Examples USACE 404/Nationwide, ADEQ Burn/STAA,
  and SHPO

Arkansas Homeland Security Preparedness Agency
39
THREATENED ENDANGERED SPECIES
Arkansas Department of Emergency Management

• Consider the affects of threatened or endangered
  species.
• US Fish Wildlife Service is the primary contact
  for Federally listed threatened and endangered
  species.
• AR Game and Fish Commission is the primary
  contact for State listed species.
• Applicant must comply with all Federal State
  endangered species laws.

Arkansas Homeland Security Preparedness Agency
40
HISTORICAL PRESERVATION
Arkansas Department of Emergency Management

• Have any historical issues identified prior
  kickoff meeting
• Property eligible for listing on the National
  Register of Historic Places requires special
  consideration under the National Historic
  Preservation Act.
• DO NOT disturb/dig the ground unless
  permit/approval came from the State Historical
  Preservation Officer (SHPO).
• Obtain all permits as necessary.

Arkansas Homeland Security Preparedness Agency
41
HISTORIC PRESERVATION
Arkansas Department of Emergency Management

• Structures (e.g. buildings, bridges and
  archeology sites) over 45 yrs old must be
  reviewed by FEMA for reimbursement.
• Emergency demolitions--tell us ASAP!
• Previously undisturbed areas require prior
  coordination with the SHPO.
• If archeological resources are uncovered, cease
  construction or work and notify the SHPO
  immediately.
• ADEM FEMA work with the State Historic
  Preservation Officer (SHPO) for compliance.

Arkansas Homeland Security Preparedness Agency
42
SPECIAL FLOOD HAZARD AREAS (NFIP)
Arkansas Department of Emergency Management

• Participating
• Flood insurance required for insurable
  items/structures in designated special flood
  hazard areas.
• Impacts building and contents.
• No insurance Project would be reduced by what
  NFIP would have paid.
• Sanctioned Communities
• Insurance is required Not available
• Damages would not be eligible

Arkansas Homeland Security Preparedness Agency
43
406 Hazard Mitigation
Arkansas Department of Emergency Management

• Cost effective action taken to prevent or reduce
  the threat of future damage (upsizing culverts,
  etc)
• Applies to permanent work only
• May be proposed by all parties
• FEMA may require mitigation for some projects
• Failure to mitigate may result in a loss of
  funding

Arkansas Homeland Security Preparedness Agency
44
INSURANCE REQUIREMENTS
Arkansas Department of Emergency Management

• Actual or anticipated insurance proceeds will be
  deducted from the eligible project costs for
  facilities that are insured.
• All applicants are required to obtain and
  maintain insurance coverage on all insurable
  facilities, as a condition of Public Assistance
  funding.
• Additional specific requirements will be applied
  to all flood damaged facilities located within
  the Special Flood Hazard Area.
• Total Project costs and Proof of Insurance
• Statement of Loss

Arkansas Homeland Security Preparedness Agency
45

Arkansas Department of Emergency Management
COST
WORK
FACILITY
APPLICANT
Arkansas Homeland Security Preparedness Agency
46
Costs
Arkansas Department of Emergency Management

• Must be reasonable and necessary
• Must comply with standards for procurement
• No duplication of benefits

Arkansas Homeland Security Preparedness Agency
47
Force Account Labor
Arkansas Department of Emergency Management

• Actual costs incurred by the applicant
• Must be in summary form and timesheets must be
  submitted
• Includes
• Wages
• Compensatory Time
• Fringe benefits

Arkansas Homeland Security Preparedness Agency
48
Force Account Equipment
Arkansas Department of Emergency Management

• All equipment time is eligible
• FEMA schedule of equipment rates (cost codes)
• Locally developed rates
• Reasonable costs

Arkansas Homeland Security Preparedness Agency
49
Force Account Materials
Arkansas Department of Emergency Management

• Reimbursed based on
• Purchase price or fair market value (invoices)
• Quantities taken from applicants stock
  (inventory records)
• Must be used for eligible work

Arkansas Homeland Security Preparedness Agency
50
Contracts
Arkansas Department of Emergency Management

• Eligible if
• Reasonable for the work completed
• Properly procured through local, State, and
  Federal procedures
• Small purchase - gt20,000 (state threshold)
• Sealed bid- preferred method
• Competitive proposals- more than one source
  submits offer
• Noncompetitive proposals

Arkansas Homeland Security Preparedness Agency
51
Contracts (contd)
Arkansas Department of Emergency Management

• Acceptable types
• Lump Sum- clearly defined scope and total price
• Unit Price- item by item basis and cost
  determined per unit
• Cost Fixed Fee- contractor fee added into price
• Time and Materials
• - limited to initial 70 hours
• - should be avoided

Arkansas Homeland Security Preparedness Agency
52
Contracts (contd)
Arkansas Department of Emergency Management

• Unacceptable types
• Cost percentage of cost
• Piggyback contracting- expanding a
  previously awarded contract

Arkansas Homeland Security Preparedness Agency
53
CONTRACT WORK
Arkansas Department of Emergency Management

• Ensure
• Reasonable cost
• Competitive bidding
• Adequate Opportunities to small businesses,
  minority-owned firms, and womens business
  enterprises

Arkansas Homeland Security Preparedness Agency
54
CONTRACT WORK
Arkansas Department of Emergency Management

• Avoid
• Cost Percentage of cost
• Payment contingent upon federal reimbursement
• Debarred or Suspended Contractors
• www.epls.gov

Arkansas Homeland Security Preparedness Agency
55
ADMIN ALLOWANCE
Arkansas Department of Emergency Management

• Examples
• Site Visits, Gathering and Processing Documents
• Directly related to a Project Worksheet
• Documented costs only

Arkansas Homeland Security Preparedness Agency
56

Arkansas Department of Emergency Management
COST
WORK
FACILITY
APPLICANT
Arkansas Homeland Security Preparedness Agency
57
What is a Project Worksheet (PW)
Arkansas Department of Emergency Management

• Identifies the Facility
• Damage Description (DD)
• Scope of Work (SOW)
• Breakdown of Costs
• Mitigation Proposal
• Special Considerations
• Environmental and Historical Preservation (EHP)
• Conditions
• Comments
• Minimum project is 1000

Arkansas Homeland Security Preparedness Agency
58
SMALL OR LARGE PROJECT?
Arkansas Department of Emergency Management
120,000

Arkansas Homeland Security Preparedness Agency
59
TYPES OF PROJECTS
Arkansas Department of Emergency Management

• Small Projects less than 120,000
• Large Projects 120,000 and above
• Improved Projects must request
• Alternate Projects must request
• REMEMBER
• Failure to submit request to the state could
  result in loss of funds

Arkansas Homeland Security Preparedness Agency
60
SMALL PROJECTS
Arkansas Department of Emergency Management

• Federal cost share is paid upon Project Worksheet
  (PW) approval/funds awarded.
• Actual Costs or Based on Estimates
• Small Project Audits/Appeal
• Overruns NOT allowed
• Small Projects are considered closed at the time
  the Project is written. FEMA and/or State will
  conduct a random sampling of projects to validate
  overall completion.

Arkansas Homeland Security Preparedness Agency
61
LARGE PROJECTS
Arkansas Department of Emergency Management

• Federal cost share will be paid based on work
  completed
• Applicant will submit large project funding
  request form with documentation of costs
  payment for those costs as work is continued
  state reviews inspects pays 75 of costs
  submitted.
• Advances (Not to exceed 25 of Federal Share)
• Quarterly Reports must be submitted for each
  large project not complete. (October 1 January
  1 April 1 July 1)

Arkansas Homeland Security Preparedness Agency
62
IMPROVED PROJECTS
Arkansas Department of Emergency Management

• With state and FEMA approval, the applicant may
  restore pre-disaster function, and make
  improvements
• Applicant is financially responsible

Arkansas Homeland Security Preparedness Agency
63
ALTERNATE PROJECTS
Arkansas Department of Emergency Management

• Funds used for a project other than repair of the
  damaged structure
• Must first be requested from state
• Must receive prior approval from FEMA
• May Require environmental assessment
• 10 reduction of FEMA funding from original
  project estimate

Arkansas Homeland Security Preparedness Agency
64
Arkansas Department of Emergency Management

• Project Formulation (Be Part of this process)
• Ensure that the local representative is part of
  the formulation Team. (Group Effort)
• Damage/Site Visits (GPS Pictures)
• Documentation Review
• PW Writing
• PW Review (Signatures)
• Exit Briefing

Arkansas Homeland Security Preparedness Agency
65
EMMIE
Arkansas Department of Emergency Management

• Follow the progress of each PW
• Review process
• Mitigation eligibility
• Types of permits/conditions required
• When the funds awarded

Arkansas Homeland Security Preparedness Agency
66

Arkansas Department of Emergency Management

Arkansas Homeland Security Preparedness Agency
67
APPLICANT RESPONSIBILITIES
Arkansas Department of Emergency Management

• Submit Request for Public Assistance (RPA)
• Establish a file for each project separately.
• Maintain accurate accounting records for each
  project separately.
• Provide accurate information
• List of damages
• Photographs
• Insurance Policies and other Settlement
  (Statement of Loss)
• OT Policy
• Hazard Mitigation Proposal
• Copy of current codes and standards

Arkansas Homeland Security Preparedness Agency
68
Arkansas Department of Emergency Management
Documentation

• Establish and Maintain your records.
• Create a file for each project.
• Records Must be retained for 3 years after the
  entire disaster is closed.

Arkansas Homeland Security Preparedness Agency
68
69
PUBLIC ASSISTANCE FUNDING PROCESSWhere is our
money?
Arkansas Department of Emergency Management
Arkansas Homeland Security Preparedness Agency
70
FEMA 4174 DR AR
Arkansas Department of Emergency Management

• FUNDING
• 75 Federal funds
• 12.5 State funds
• 12.5 Applicant funds
• PNPs will receive 6.25 State funds (18.75 their
  cost share)

Arkansas Homeland Security Preparedness Agency
71
STATE SHARE REQUEST
Arkansas Department of Emergency Management

• State Share Request Form (Original is required)
• All eligible work has been completed according to
  the Scope of work (PW)
• All Federal Funds have been paid
• All Large Project Quarterly Reports have been
  submitted
• All Time Extensions have been received and
  approved
• All documentation has been submitted/review for
  eligibility
• All necessary audits of files have been completed
• All necessary site monitoring inspections have
  been completed by ADEM
• Turn around time is 60-90 days once inspection is
  completed

Arkansas Homeland Security Preparedness Agency
72
REQUIRED AUDITS
Arkansas Department of Emergency Management

• Single Audit
• If you spend 500,000 of Federal grant funds in
  one (1) year.
• Is required by law.
• Make sure to keep all documentation for three (3)
  years after notification from the grantee that
  the project application has been closed out.

Arkansas Homeland Security Preparedness Agency
73
TO AVOID LOSS OF FUNDING
Arkansas Department of Emergency Management

• Obtain all permits and clearances before you
  start construction/repairs for the following
  special considerations!!!
• Information in Green Book

Arkansas Homeland Security Preparedness Agency
74
DECLARATION DATES
Arkansas Department of Emergency Management

• Declared April 29, 2014
• RPA submitted by May 29, 2014
• WORK COMPLETION DATES
• October 29, 2014(Category A B)
• October 29, 2015(Category C thru G)
• Extension of time for project completion must be
  requested from ADEM

Arkansas Homeland Security Preparedness Agency
75
APPEALS
Arkansas Department of Emergency Management

• Any determination related to Federal
  assistance may be appealed.

The time limit for appeal submission is 60 DAYS
from receipt of notice of the action which is
being appealed. Much easier to fix a problem
while FEMA is here.
Arkansas Homeland Security Preparedness Agency
76
Arkansas Department of Emergency Management

• Kick-Off Meeting
• Conducted by the FEMA Public Assistance
  Coordinator (PAC)
• Focus on specific applicant needs
• 60 days to identify damages
• 12 Months to identify alternate projects
• ADEM Representative (Area Coordinator)
• PS (Project Specialist)
• Mitigation
• Environmental
• Debris Specialist

Arkansas Homeland Security Preparedness Agency
77
Arkansas Department of Emergency Management

• Applicant Briefing Packet
• Request for Public Assistance (RPA)
• Deadline 30 Days from declaration date
• Applicant State Agreement
• Designation of Applicant Agent
• W-9 Form
• Direct deposit or State Agency Transfer
• PNP Questionnaire (PNPs Only)

Arkansas Homeland Security Preparedness Agency
78
FINAL REMINDERS
Arkansas Department of Emergency Management

• QUARTERLY REPORTS
• TIME EXTENSION REQUESTS
• IMPROVED PROJECT REQUESTS
• ALTERNATE PROJECT REQUESTS
• CHANGE IN SCOPE OF WORK REQUESTS
• PERMITS
• CONTRACTS AND COMPETIVE BIDDING
• DOCUMENTATION OF ALL COSTS
• FAILURE COULD RESULT IN LOSS OF FUNDING

Arkansas Homeland Security Preparedness Agency
79
Arkansas Department of Emergency Management

• Jodi Lee
• Clay Bewley
• Kyle Key
• Ali Rye

Arkansas Homeland Security Preparedness Agency
80
Arkansas Department of Emergency Management

• ADEM
• Attn Recovery Branch
• Bldg. 9501
• Camp JT Robinson
• N. Little Rock, AR 72199
• 501-683-6700
• 501-683-7892 (Fax)
• http//www.adem.arkansas.gov

Arkansas Homeland Security Preparedness Agency
81
Arkansas Department of Emergency Management

• In Doubt or have Questions
• CALL US or EMAIL
• 501-683-6700
• recoverybranch_at_adem.arkansas.gov

Arkansas Homeland Security Preparedness Agency