Public Assistance Program (Overview) Washington State Emergency
Management Division Slide 2 Public Assistance Welcome Admin notes
In case of an emergency Introductions Slide 3 Public Assistance
Grant Program Slide 4 Overview Part I Public Assessment Overview
What is the States Role in a disaster or an emergency? What is the
Public Assistance (PA) Programs Purpose? What is the PA Process?
Part II Contracts and Procurement Slide 5 What is the Public
Assistance Program? Disaster Recovery Grant Program that provides
supplemental financial assistance to state and local governments,
Indian Tribes and certain private nonprofit organizations for
response and recovery activities required as a result of a
disaster. Slide 6 Chehalis, WA January 2009 Slide 7 SR 112 Monday
January 12, 2009 Slide 8 Orting, WA January 2009 Slide 9 Nicholas
Bridge January 2009 Slide 10 Can you guess where? Slide 11 Mt.
Baker Hwy January 2009 Slide 12 Ferndale January 2009 Slide 13 Fall
City January 2009 Slide 14 Montesano January 2009 Slide 15 One Man,
One Flood, One Hot Tub Chehalis, WA Slide 16 States Role Provide
coordination and support from the State Emergency Operations Center
following a disaster event or emergency to: Coordinate resources
Maintain a pulse on the statewide situation through Situation
Reports Provide WA EMD liaisons to local EOCs Coordinate a
statewide point of information through Public Information Officers
Slide 17 States Role (cont) Identify short and long term planning
issues specific to the event Identify need for preliminary damage
assessments for public facilities Coordinate Preliminary Damage
Assessment (PDA) collection with Counties, State Agencies, and
Potential Applicants Slide 18 States Role (cont) Collect initial
damage assessment data Request and participate in Joint PDA with
FEMA If substantiated by PDA: Work with Governor to issue
Proclamation of Emergency Prepare Governors letter of request to
President for Major Disaster Declaration Slide 19 PA Programs
Purpose To provide federal/state grant assistance to public
agencies who have suffered from the effects of a major disaster or
an emergency Slide 20 Federal Authority Authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended
Slide 21 Funding Provides 75% federal funds Non-federal 25% match,
as determined by the State Legislature, usually split between
applicant and state Only available in declared counties following a
Presidential Declaration of Emergency or Disaster Slide 22 Eligible
Applicants Cities, Towns Counties State Agencies Indian Tribes
Special Purpose Districts Critical Private Non-Profit Organizations
Governmental Service Type Private Non- Profit Organizations Slide
23 Private Nonprofit Organizations Must submit a tax exempt
certificate and organization charter or bylaws Must be open to the
public Must meet the requirements of the Civil Rights Act of 1964
Slide 24 Critical Private Non-Profit Entities These PNP facilities
are specifically eligible: Fire Emergency Medical Utilities
Educational Custodial Care Slide 25 Private Nonprofit Entities
Museums Performing Arts Centers Community Centers Homeless Shelters
Zoos Those who provide essential governmental type service and are
open to public: Must first apply to Small Business Administration
for repairs Slide 26 How Do We Get Disaster Assistance?
DisasterDisaster Declared, JFO opened If substantiated, Joint PDA
PDA initiated PWs reviewed by FEMA and State PACs Applicant
receives assistance Obligated Project Worksheets submitted
Applicant Briefing Kick-Off Meeting FEMA/State Projects Officers
visits/inspection Slide 27 How Do We Get Disaster Assistance?
Disaster occurs County EMs relay the need for PDA to be completed
by jurisdictions If substantiated, Joint Preliminary Damage
Assessment (PDA) requested and completed Declaration request made
to the President Disaster declared Slide 28 How Do We Get Disaster
Assistance? Once a disaster is declared, specific counties that
meet Federal thresholds are identified and the State will announce
the dates for Applicant Briefing. Applicants will be scheduled for
a Kick-Off meeting. Slide 29 How Do We Get Disaster Assistance?
Applicants, along with FEMA & State Public Assistance
Coordinators and Project Officers will work together in developing
Project Worksheets to capture the full extent of damages. Slide 30
Preliminary Damage Assessments A Preliminary Damage Assessment
(PDA) identifies the initial cost estimate of damages for
governmental agencies, private non-profits, and tribal governments.
This is a two step process: 1 st PDA by Counties, 2 nd PDA by Joint
State/FEMA teams to verify costs Damage estimates are consolidated
by county to determine if federally mandated thresholds by county
has been reached ($3.28) Additional Statewide threshold must be met
to be considered for disaster aid ($1.31) Slide 31 Why Participate
in a PDA? First Step to Receive Federal $$ Identifies if Your
Agency has Damage County Must Qualify State Must Qualify Identifies
Potential Funding Needs Identifies Potential Number of Applicants
To Be Successful, All Need to Participate Slide 32 PDA Cost
Limitations Only Damages Occurring within Identified Event Period
Cost to return back to pre-disaster Condition and Capacity Cannot
recognize adopted codes and standards Does Not include anticipated
costs for permit conditions Slide 33 PDA Cost Limitations Cannot
recognize potential mitigation Negligence Inactive facility
Contingencies Insurance Slide 34 PDA Forms Summary of Preliminary
Damage Assessment Information, PA-1 Preliminary Damage Assessment
Site/Category, PA-2 Damage Categories by County Departments and
Jurisdictions, PA-3 Slide 35 PDA Forms Who needs to do this How to
complete Where do you send the forms To County Emergency Management
Office County to State: Email: [email protected] fax:
253-512-7405 Timing for completion is critical Slide 36 PDA Forms
County collects PDAs from all potential eligible applicants (except
state agencies) County forwards to State EMD / PA Each applicant
completes their own forms Slide 37 What Can You Expect? A PDA will
be required! Always! Be prepared for unreasonable time frames to
identify damaged sites, preparation of your best educated estimate
for PDA, and completion of PDA forms for damaged facilities
separate set by County County emergency managers will be
overwhelmed response still on-going! Slide 38 PDA Participation
Timely Comprehensive Concise Descriptions County EM Office Needs
Timely and Complete Information Damage or No Damage Slide 39
Supplemental Justification County Emergency Management prepares
supplemental justification Absolutely Essential to a Successful
Submission Submit Electronically Due to EMD by the arrival of PDA
Team Copy of County Emergency Proclamation Slide 40 Joint PDA Team
Visit Federal/State team checks in w/ County Emergency Management
Office Team meets with local representatives Need local
representative familiar with damaged sites to accompany team Map of
sites Transportation for hard to reach sites Team determines which
agencies/sites to visit Time is critical Slide 41 What Will You
Need? Patience ! Slide 42 Declaration Process Joint PDA Visit
verifies damages for individual counties and the state as a whole
EMD drafts the Governors Request for a Presidential declaration and
impact statements President declares disaster Slide 43 Applicant
Briefing Applicant Briefings The State will coordinate the
applicant briefing locations, dates, and times with the county
emergency management director in each declared county. The
briefings are normally held at the county level. The potential
number of applicants and the area involved in the disaster will
determine the number of briefings held. The county emergency
management directors make the arrangements for the briefing
locations. Slide 44 Kick-Off Meeting Kick-off meetings are
scheduled by the State PACs after applicants have completed their
Requests for Public Assistance (RPA). When possible, the kick-off
meetings will be scheduled with the applicants at the applicant
briefing. Typically, the State PAC will conduct the meeting unless
the federal/state team agrees on an alternative plan. Slide 45
Kick-Off Meeting At a minimum, the following documentation will be
provided to the applicant at the kick-off meeting, if this
documentation was not received at the applicant briefing: State
Public Assistance Manual, Public Assistance Guide, FEMA No. 322,
and Public Assistance Policy Digest, FEMA No. 321. Slide 46
Kick-Off Meeting The applicant should walk away with an
understanding of : Eligible categories of work Project development
& review process Special considerations (i.e. floodplain,
environmental, historic) Small and large projects Contracting
Documentation requirements. Slide 47 Post- Kick-Off Meeting
Quantify and estimate cost to repair Project Worksheet Development
Coordinate date and time to meet with Project Officers. Identify
your damages by Category The applicant is encouraged to contact the
State PAC with questions Slide 48 Eligible Activities/Projects
Based upon the type of work The direct result of declared event
Located within declared area Legal responsibility of eligible
applicant In active use at the time of the event Not under the
authority of another federal program Slide 49 Eligibility Basics
Building blocks Eligible Applicant Eligible Facility Eligible Costs
PA program can only fund repairs to return the facility to
pre-disaster design, function, and capacity Slide 50 Types of Work
by category Emergency Work A = Debris Removal B = Emergency
Protective Measures Slide 51 Emergency Work - Eligibility Emergency
work activities are those actions taken during the duration of the
emergency to save lives, protect and preserve property, public
health and safety, and to provide temporary facilities to restore
essential public services. An eligible activity must be essential
to meeting an immediate threat to life or property during or
resulting from the declared event. Slide 52 Permanent Work C = Road
Systems D = Water Control Facilities E = Public Buildings,
Equipment F = Public Utility Systems G = Parks and Other Facilities
Slide 53 Permanent Work - Eligibility Repair, restore or replace
damaged facilities to pre- disaster design, capacity and condition
In accordance with adopted and uniformly enforced codes and
standards Required as a result of the disaster May include cost
effective hazard mitigation measures May include federal
environmental conditions to repair Slide 54 Small Projects (less
than $64,200.00) Funding can be paid when projects are approved.
Work does not have to be completed prior to payment. Requires
signed A-19 Invoice Voucher Work is certified as complete on Small
Project Certification Form within 60 days following completion.
Slide 55 Large Projects (greater than $64,200) Progress Payments as
Work is Completed, Subject to 10% Retainage Final Eligible Costs
Based Upon Actual Costs Certified As Complete on Statement of
Documentation Form 60 Days After All Physical Work is Complete
Final Inspection and Financial Review is Conducted Slide 56 Public
Assistance Grants Program Procedures Improved Projects If the
applicant wants to make an improvement to a damaged facility, State
approval must be obtained Federal funding for an improved project
is capped at the federal share of the approved eligible costs
Federal share will only restore to pre- disaster Slide 57 Public
Assistance Grants Program Procedures Alternate Projects Applicant
determines that is not in the best interest of the jurisdiction to
restore a damaged public facility Available only for permanent
repairs May be used to repair, expand, or construct other public
facilities, purchase equipment or to fund hazard mitigation
measures Must be approved by FEMA Slide 58 Cost Eligibility
Reasonable and necessary cost to accomplish eligible work Complies
with federal, state, and local laws and regulations Credits -
Insurance proceeds, salvage value, purchase discounts must be
deducted Slide 59 Eligible Costs Salaries, wages and fringe
benefits Emergency Work Overtime only Permanent Work Regular and
Overtime Materials / supplies Applicant owned equipment (hourly
rates) FEMA rates or applicant rates, whichever is lower Slide 60
Eligible Costs Contract costs incurred for: Eligible work Rental
equipment Engineering/design services Slide 61 Special
Considerations Slide 62 Donated Resources Who worked, hours worked,
on what days, and what did they do? (Who, what, where, when and
why) Materials invoice for donated resource Salary Schedule to
support hourly rate to be recognized Credit against non-federal
share for Category A and B Work Slide 63 Need to Make Repairs
before FEMA arrives? Document by: Take pictures photos, videos,
digital Crews need to document damages and actions taken in daily
logs Track labor costs by person by project Track equipment and
material costs by site Slide 64 Need to Make Repairs? Environmental
/ Historic precautions Document emergency contacts with USACE, WDOE
and WDFW (Who, what, where, when, and why) Follow up with letter or
email. Document! Document! Document! Understand Federal Contracting
procedures Slide 65 Documentation Other Documentation to maintain:
Mutual Aid Agreements Collective Bargaining Agreements EOC Logs;
Job Site Logs; Inventory Logs Contract Logs; Purchasing Logs
Insurance Policies! Slide 66 Direct Administrative Costs Must be
specific to a project Includes staff time and equipment Compiling
labor, equipment, materials documentation Compiling environmental
contact documentation Compiling Plans and Specification
documentation Compiling contract documentation Slide 67 Direct
Administrative Costs How to track Charge Code Track by each
individual project Track hourly time for each employee Use
timesheet / spreadsheet Why track costs Should a disaster be
declared, these costs may be reimbursable More information at the
Kick-Off meeting Slide 68 Prepare for Future Disasters Establish
disaster accounting system Track costs of damage assessment
activities separately from damage repair Track damage repair by
sites Create list of agencies/departments/sites that need to be
contacted identify points of contacts -- Internal-- External This
is Not an Easy Process .Identify contacts before a PDA so you will
not overlook anything or any damages Slide 69 Prepare for Future
Disasters Pre-identify who will be responsible for collecting and
collating PDA information Donated Resources Labor, Equipment,
Materials CERT; Search and Rescue; Sandbagging Document: Who, What,
Where, When, and Why. (time in/out) Identification Credentialing
Slide 70 Prepare for Future Disasters Pre-identify the major
components of your public works systems that need to be checked for
damage after event -- Water-- Surface Water Drainage -- Sewer--
Roads -- Electrical-- Natural Gas -- Parks-- Telecommunications --
Solid Waste-- River Revetments -- Buildings-- Fairgrounds Slide 71
Your Role following a disaster Contact your county emergency
managers Prepare a list of your damages by site ID your primary
contact person knowledgeable about damages At the start of the
disaster response and recovery, be able to track all costs
separately by project including consultant costs and administrative
costs Maintain all documentation to support costs Be prepared to do
paperwork by paper - not electronically Slide 72 Your Role
following a disaster Document verbal mutual aid agreements Create a
listing of all projects Separate small from large projects
Prioritize projects for PW preparation Check with federal and state
agencies for permitting requirements Slide 73 Your Role following a
disaster Historic Properties Dont Demolish Only do bare minimum
Immediately repair only what is needed to preserve health and
safety take pictures before repairs Slide 74 Process Patience
Communication Slide 75 Procurement & Contracting Maintaining
Eligibility for FEMA Funding Slide 76 Procurement Handouts 44 CFR
Part 13.36 Federal Contracting Provisions FEMA RP9580.201
Contracting Checklist Procurement Methods Guide & Checklist
Slide 77 Federal Procurement Regulations Applicants must follow the
more restrictive regulations between federal, state & local
Must have full and open competition Must perform cost or price
analysis for every procurement action Clearly show rationale for
method of procurement, selection of contract type, adequate
competition, and price basis Slide 78 Procurement Procedures Comply
with federal procurement requirements, specifically 44 CFR 13, 17
and 206. Specific methods outlined in 44 CFR 13.36 Contracts must
comply with applicable labor regulations. Davis-Bacon does not
apply unless contract includes work being funded by other federal
funds, i.e. Federal Highway Administration (FEMA 322, page 44)
State prevailing wage always applies Slide 79 Costs Reasonable
Reimbursement Reasonableness Criteria Must be fair and equitable
Applicable to type of work Prudent person decision Is cost ordinary
and necessary for facility and type of work? Are actions taken in
prudent manner? Slide 80 Costs Reasonable Reimbursement In
addition, normal procedures must not be altered because of the
potential for reimbursement from Federal funds. Reasonable costs
can be established through Historical documentation for similar
work Average costs for similar work in the area Published unit
costs FEMA cost codes
http://www.fema.gov/government/grant/pa/eqrates.shtm Slide 81
Accepted Procurement Methods Small Purchase Procedures. Sealed
Bids. Competitive Proposals. Noncompetitive Proposals. Slide 82
Small Purchase Procedures Small purchase procurement is an informal
method for securing services or supplies that do not cost more than
$100,000 by obtaining several price quotes from different sources.
Slide 83 Sealed Bids Is a formal method bids are publicly
advertised and solicited contract is awarded to the lowest
responsible bidder and lowest price (this method is the preferred
method for procuring construction contracts) Slide 84 Competitive
Proposals Similar to sealed bid procurement Contracts are awarded
on the basis of contractor qualifications instead of on price (this
method is generally used for procuring architectural or engineering
professional services). Slide 85 Non-Competitive Proposals A
proposal is received from only one source Document why you chose
this type of contract Cost-analysis is required Only use when the
award of a contract is not feasible under small purchase
procedures, sealed bids, or competitive proposals, and one of the
following circumstances applies: Slide 86 Non-Competitive Proposals
the item is available only from a single source there is an
emergency requirement that will not permit delay FEMA may authorize
noncompetitive proposals solicitation from a number of sources has
been attempted, and competition is determined to be inadequate.
Slide 87 Acceptable Contracts Lump Sum Contracts Unit Price
Contracts Cost Plus Fixed Fee Contracts Slide 88 Lump Sum
Competitive Process Can be either sealed or competitive negotiation
Sealed Bid: Contractors bid a firm fixed price bid including all
labor, equipment, materials, overhead, & profit Competitive:
Contractors submit proposals based on pre-stated factors Well
defined & reasonable scope of work Amendments are by exception
Except for amendments, contract price will not change Slide 89 Unit
Price Often used when quantities needed to do the work are not
known in advance Units of work determined in advance by unit of
measure; i.e. CY, LF Competitive process Bid price is in place cost
including labor, materials, equipment, overhead, & profit Often
awarded on an annual basis to multiple firms to insure availability
& price competition Prices must be deemed reasonable Slide 90
Cost Plus Fixed Fee Used when full extent of scope cannot be fully
predicted in advance Contractor is reimbursed for reasonable,
with-in scope costs Contractor bids a fixed fee for the contract to
include overhead & profit Slide 91 Generally Unacceptable
Contracts Time & Materials Contracts Accepted only in very
limited situations Generally not more than 70 hours for work that
is necessary immediately after a disaster when a clear scope of
work cannot be developed Piggyback Contracts May be evaluated for
fair & reasonable costs Limited dollar amount Slide 92 Time
& Materials State guidelines must be followed Requirements Must
have a written scope Must have a cost ceiling or not to exceed
provision Strict monitoring & documentation of expenses Cost
must be reasonable & work must be approved and within the scope
Prescribed duration for emergency work only Slide 93 Time &
Materials Cost structure for labor to include overhead & profit
Use FEMA or State approved equipment rates Competition still a
requirement unless emergency occurs that requires immediate
response or there is no available competition Check on
debarred/suspended status Slide 94 Piggybacking A concept of
expanding a previously awarded contract. Does not meet the
requirements of 44 CFR 13 it is non-competitive may have an
inappropriate price structure This type of contract is not
eligible. However, FEMA may separately evaluate and reimburse costs
it finds fair and reasonable. This is extremely rare! Slide 95
Unacceptable Contracts Costs plus a percentage of Cost Specifically
disallowed under 44 CFR 13.36 (f)(4) Contingency Contracts
Specifically disallowed under federal procurement guidelines There
is never an advance assumption of federal reimbursement Slide 96
Verbal Contracts No verbal contracts!!! Specifically prohibited
under federal procurement regulations On an emergency basis, an
agency may grant an on-site, verbal authorization of a contract.
This must be followed up immediately (within one week) by a written
contract that meets all federal procurement regulations. Slide 97
Emergency Contracting Review & amend your established emergency
contracting procedures so they are in line with federal procurement
regulations. Document all actions Follow up within a short period
with open, competitive process Slide 98 FEMA vs WSDOT Governed by
different titles of the CFR The WSDOT LAG manual contracting
guidelines follow the FHWA under CFR Title 23 and typically applies
to road & bridge construction Eligibility questionable if
seeking FEMA funding Slide 99 What you can do now Evaluate your
procedures and identify the differences Develop contract formats
and solicitation processes ahead of time Look at pre-event,
pre-priced, competitively obtained contracts. This will help ensure
compliance & speedy response & recovery Slide 100 Plans,
Specifications & Estimates If the applicant elects to contract
for repair, a set of contract documents consisting of Plans,
Specifications and Estimates (PS&E) will be prepared Send to
EMD for review and approval. Failure to have the plans,
specifications and bid tabulations for large projects reviewed
prior to contract award jeopardizes funding eligibility Slide 101
Before Awarding a Contract The bid tabs must be reviewed and
approved by EMD prior to awarding the contract. Prior to award, the
applicant must verify that the contractor has not been debarred,
suspended, or otherwise identified as being ineligible for
contracts funded with state and federal monies. Document the
verification Slide 102 Debarred Contractors Federal Debarment List
www.EPLS.arnet.gov Contractor bond & insurance information
www.lni.wa.gov State UBI information www.dor.wa.gov Slide 103
Resources WA EMD web page: http://www.emd.wa.gov WA OFM web page:
http://www.ofm.wa.gov State web page: http://www.access.wa.gov FEMA
web page: http://www.fema.gov Debarred/Suspended Contractors
http://www.EPLS.gov Slide 104 Staff Resources Gary Urbas-Deputy
State Coordinating Officer 253-512-7402, [email protected] Jill
Nordstrom-Regional PA Supervisor 253-512-7428,
[email protected] Alysha Kaplan-Regional PA Supervisor
253-512-7434, [email protected] PA Fax number: 253-512-7405 Slide
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