Public Assistance Program (Overview) Washington State Emergency Management Division

Public Assistance Welcome Admin notes In case of an emergency Introductions

Public Assistance Grant Program

Overview Part I – Public Assessment Overview What is the State’s Role in a disaster or an emergency? What is the Public Assistance (PA) Program’s Purpose? What is the PA Process? Part II – Contracts and Procurement

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.

Chehalis, WA – January 2009

SR 112 – Monday January 12, 2009

Orting, WA – January 2009

Nicholas Bridge – January 2009

Can you guess where?

Mt. Baker Hwy – January 2009

Ferndale – January 2009

Fall City – January 2009

Montesano – January 2009

One Man, One Flood, One Hot Tub – Chehalis, WA

State’s 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

State’s 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

State’s 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 Governor’s letter of request to President for Major Disaster Declaration

PA Program’s Purpose To provide federal/state grant assistance to public agencies who have suffered from the effects of a major disaster or an emergency

Federal Authority Authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended

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

Eligible Applicants Cities, Towns Counties State Agencies Indian Tribes Special Purpose Districts Critical Private Non-Profit Organizations Governmental Service Type Private Non- Profit Organizations

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

Critical Private Non-Profit Entities These PNP facilities are specifically eligible:  Fire  Emergency  Medical  Utilities  Educational  Custodial Care

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

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

How Do We Get Disaster Assistance? Disaster occurs County EM’s 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

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.

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.

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)

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

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

PDA Cost Limitations Cannot recognize potential mitigation Negligence Inactive facility Contingencies Insurance

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

PDA Forms Who needs to do this How to complete Where do you send the forms – To County Emergency Management Office County to State: fax: Timing for completion is critical

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

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!

PDA Participation Timely Comprehensive Concise Descriptions County EM Office Needs Timely and Complete Information Damage or No Damage

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

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

What Will You Need? Patience !

Declaration Process Joint PDA Visit – verifies damages for individual counties and the state as a whole EMD drafts the Governor’s Request for a Presidential declaration and impact statements President declares disaster

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.

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.

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.

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.

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

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

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

Types of Work by category Emergency Work A = Debris Removal B = Emergency Protective Measures

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.

Permanent Work C = Road Systems D = Water Control Facilities E = Public Buildings, Equipment F = Public Utility Systems G = Parks and Other Facilities

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

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.

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

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

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

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

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

Eligible Costs  Contract costs incurred for:  Eligible work  Rental equipment  Engineering/design services

Special Considerations

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

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

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 . Document! Document! Document! Understand Federal Contracting procedures

Documentation Other Documentation to maintain: Mutual Aid Agreements Collective Bargaining Agreements EOC Logs; Job Site Logs; Inventory Logs Contract Logs; Purchasing Logs Insurance Policies!

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

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

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

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

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

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

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

Your Role following a disaster Historic Properties Don’t Demolish Only do bare minimum Immediately repair only what is needed to preserve health and safety – take pictures before repairs

Process Patience Communication

Procurement & Contracting Maintaining Eligibility for FEMA Funding

Procurement Handouts 44 CFR Part Federal Contracting Provisions FEMA RP – Contracting Checklist Procurement Methods Guide & Checklist

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

Procurement Procedures Comply with federal procurement requirements, specifically 44 CFR 13, 17 and 206. Specific methods outlined in 44 CFR 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

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?

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

Accepted Procurement Methods Small Purchase Procedures. Sealed Bids. Competitive Proposals. Noncompetitive Proposals.

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.

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)

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).

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:

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.

Acceptable Contracts Lump Sum Contracts Unit Price Contracts Cost Plus Fixed Fee Contracts

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

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

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

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

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

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

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!

Unacceptable Contracts Costs plus a percentage of Cost Specifically disallowed under 44 CFR (f)(4) Contingency Contracts Specifically disallowed under federal procurement guidelines There is never an advance assumption of federal reimbursement

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.

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

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

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

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

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

Debarred Contractors Federal Debarment List Contractor bond & insurance information State UBI information

Resources WA EMD web page: WA OFM web page: State web page: FEMA web page: Debarred/Suspended Contractors

Staff Resources Gary Urbas-Deputy State Coordinating Officer , Jill Nordstrom-Regional PA Supervisor , Alysha Kaplan-Regional PA Supervisor , PA Fax number: