1. North Carolina Emergency Management Public Assistance Overview Debris Operations Contracts & Procurement Alternate Procedures Pilot Disaster Deductible Concept Public Assistance

2. North Carolina Emergency Management 2 Public Assistance Mission Provide grants to eligible State and local governments, and certain private non-profits, to assist with the cost of responding to and recovering from disasters.

3. North Carolina Emergency Management 3 Public Assistance Disaster Timeline Incident Occurs Preliminary Damage Assessment (PDA) conducted Disaster Declaration Joint Field Office (JFO) established Applicant Briefings (RPA submittal) & Kick-Off Meetings Project Worksheet (PW) Formulation JFO Closure Grant Administration

4. North Carolina Emergency Management Governing Documents Statute Authorizes (Stafford Act) Regulations Outline Program Operations (44 Code of Federal Regulations) Policies Apply Statute and Regulations to Specific Situations (For disasters declared after 1/1/16: FP 104-009-2 Public Assistance Program and Policy Guide (PAPPG), January 2016) Replaces previous FEMA publications & 9500 Series Policies Available at: www.fema.govwww.fema.gov

5. North Carolina Emergency Management 5 Declaration Criteria FEDERAL Statewide threshold: $13,445,031.03 Statewide per capita = $1.41 2010 NC Census = 9,535,483 County threshold: $3.57 per capita Eligible costs / population *For FFY2015-16; next adjustment: Oct 1, 2016

6. North Carolina Emergency Management Declaration Criteria Required Documents Local State of Emergency Operating Budget National Flood Insurance Program (NFIP) Participation Approved Hazard Mitigation Plan Cost Criteria Uninsured eligible costs must exceed 1% of applicant’s annual operating budget Minimum of $10,000 threshold of uninsured eligible costs Reference: G.S. 166A-6.01, ‘State Disaster Assistance Funds; Programs’ STATE DISASTER

7. North Carolina Emergency Management 7 APPLICANT Building Blocks Of Eligibility FACILITY WORK COST reasonable, necessary legal responsibility of applicant, in damage area, direct result State and local government, federally recognized Indian Tribes, certain PNPs

8. North Carolina Emergency Management 8 Public Assistance Applicants  State governments/agencies  Local governments: Counties Cities, towns, villages, townships Districts and regional authorities  Indian tribal/Alaska native governments  Eligible Private Non-Profit Organizations (PNP’s)

9. North Carolina Emergency Management 9 Facility Definitions:  Any building, works, system, or equipment  Any improved and maintained natural feature engineered beaches vs. natural beaches

10. North Carolina Emergency Management 10 Work General Eligibility Criteria:  Direct result of disaster  Located in disaster area (declared county)  An item of work must be the legal responsibility of an eligible applicant

11. North Carolina Emergency Management 11 Eligible Costs To be eligible, costs must:  Be reasonable & necessary  Direct result of declared disaster  Comply with standards for procurement  Exclude credits: Insurance Salvage

12. North Carolina Emergency Management 12Cost Types:  Labor  Equipment  Materials  Contract  Rented Equipment **Must be documented separately for each PW**

13. North Carolina Emergency Management CATEGORIES OF WORK Emergency Work Permanent Work A: Debris Removal B: Emergency Protective Measures C: Roads & Bridges D: Water Control Facilities E: Buildings & Equipment F: Utilities G: Parks, Recreation

14. North Carolina Emergency Management State PA Eligibility Tool

15. North Carolina Emergency Management Small vs. Large Projects  Small projects : Less than $121,800  Funding is fixed & paid as obligated, whether written on estimated or actual cost  Exception: verification of actual insurance proceeds  Large projects : Equal to or greater than $121,800  Reimbursed on documented actual cost  Request for Reimbursement  Monthly Progress Reports  Final Inspection required  Minimum amount for eligible Project Worksheet: $3,050

16. North Carolina Emergency Management 16 Debris Operations

17. North Carolina Emergency Management  Phase I: cut & toss clearance (response) Local government can perform on any road system within jurisdiction to open roads & provide access  Phase II: remove, haul, reduce & dispose (recovery) Must have legal responsibility for road system Some exceptions PA applicants reimbursed for paid tipping fees **Waived landfill tipping fees are not eligible for FEMA reimbursement** Debris Operations

18. North Carolina Emergency Management  Federal: US & NC routes (e.g., US64, NC12)  State: SR routes (e.g., SR1234)  Generally the responsibility of NCDOT  Local government may be eligible if approved by FEMA MOA w/ NCDOT  Important to coordinate with NCDOT & FEMA if local government intends to remove debris (Phase II) Road Systems: State/Federal

19. North Carolina Emergency Management  NCDOT usually picks up vegetative debris Local governments can pick up vegetative debris with signed MOA with NCDOT releasing authority to local government FEMA reimburses local government  NCDOT generally doesn’t pick up C&D  FEMA has historically reimbursed local government for picking up C&D w/out MOA Recommend MOA going forward for both vegetative and C&D for your protection Road Systems: State/Federal

20. North Carolina Emergency Management  Debris removal is responsibility of local government that owns/maintains road system Road Systems: Local/Municipal

21. North Carolina Emergency Management  Generally not eligible for debris removal reimbursement because road is not the legal responsibility of an eligible PA applicant  May become eligible on case-by-case basis due to threat upon FEMA assessment & approval in writing from Federal Coordinating Officer (FCO)  Historically, FCO will not approve debris removal from private roads within gated communities  Local ordinance that supports authority for work  Health/Safety Official’s determination of threat Road Systems: Private/Orphan

22. North Carolina Emergency Management  Applicant must monitor for eligible debris locations & quantities removed  Use Force Account, temporary hires, or contract  Load ticket system to quantify each load & track from point of pickup to DMS or landfill, quantities reduced at DMS, and loads hauled from DMS to final disposal  Monitor in tower at DMS to quantify loads coming in & verify trucks are empty upon departure from DMSMonitoring

23. North Carolina Emergency Management  Pre-disaster planning Pre-identify DMS locations with NCDEQ, Solid Waste Section Get Conditional Approval for potential use  Post-disaster permitting & activation Request formal activation of site before use  Provide copy of permit to FEMA to put in Project Worksheet (PW)  DMSs are temporary & must be cleared/closed within 6 months of receipt of first disaster debris Debris Management Sites

24. North Carolina Emergency Management

25. 25 Contracts & Procurement

26. North Carolina Emergency Management 26 Contracts & Procurement  Follow local, state, & federal procurement procedures, whichever is most restrictive (increased FEMA scrutiny)  2 CFR Part 200.317-326,“Procurement Standards” (formerly 44 CFR pt. 13.36) & Appendix II (contract provisions): www.ecfr.gov  Competition is required Document procurement process Provide copies of RFP, bid tab, selection criteria  Award contract to lowest responsive & responsible bidder

27. North Carolina Emergency Management  Do not used debarred contractors ‘Excluded Parties List System’ (EPLS): www.sam.gov  If contract will be used by multiple/all jurisdictions in county, bid it that way Avoid bidding for one applicant (e.g., county) and have municipalities “piggyback” later  Phase I contracts: time & materials only for first 70 hours of contract work for cut & toss emergency road clearance  Phase II contracts: Unit Price (cy, tons, other unit) or Lump Sum If lump sum, still must quantify debris to demonstrate reasonable cost Contracts & Procurement

28. North Carolina Emergency Management 28 Ineligible Contracts  Non-competitive / sole-source  Cost plus a percentage of cost

29. North Carolina Emergency Management 29 Contracts & Procurement  Contracting with Small & Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms  2 CFR Part 200.321:  “The non-Federal entity must take all necessary steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.”  Small Business Administration  NC Department of Administration Office for Historically Underutilized Businesses  Small Business and Technology Development Center Procurement Technical Assistance Center

30. North Carolina Emergency Management 30 Contracting with Small Business, Women- Owned, and Minority Firms Affirmative steps shall include (2 CFR Part 200.321):  Placing qualified small and minority businesses and women's business enterprises on solicitation lists;  Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;  Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; Contract Procurement

31. North Carolina Emergency Management 31 Contracting with Small Business, Women- Owned, and Minority Firms  Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;  Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and  Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (e)(2) (i) through (v) of this section. Contract Procurement

32. North Carolina Emergency Management RFP / Contract line items  Phase I: Emergency Road Clearance (Response)  AKA – “cut & toss” or “cut & push” operations  Time & Materials for 70 hours of contract work to open roads  Hourly rates include all equipment & operator costs  List all equipment anticipated to be needed  Specify that hourly rates only apply to emergency road clearance Don’t use hourly rates for Phase II removal, hauling, reduction, or disposal  No guarantee of minimum hours or payment  Ceiling price (‘not to exceed’) Contractor exceeds at its own risk Contracts & Procurement

33. North Carolina Emergency Management RFP / Contract line items  Phase II: Remove, Haul, Reduce, Dispose (Recovery)  Unit Price: per Cubic Yard (CY), per Ton, or other unit Depending on availability of scales Separate rates for C&D vs. vegetative  From right-of-way (ROW) to DMS Usually per CY (monitor in tower)  From ROW to final disposal (i.e., landfill; non-DMS option) Usually per Ton (scale weight at landfill)  Reduction of debris at DMS Usually per CY (per documented CYs hauled into DMS)  Haul out from DMS to final disposal Usually per Ton (scale weight at landfill) Contracts & Procurement

34. North Carolina Emergency Management RFP / Contract line items  Phase II: Remove, Haul, Reduce, Dispose (Recovery) Other potential debris types / operations  White goods: refrigerators, washers/dryers, etc. (per each)  E-waste (per pound)  Household Hazardous Waste (per pound or ton)  Hazardous Stump Extraction (per stump)  Hazardous Leaning Trees on ROW (per tree)  Hazardous Hanging Limbs on ROW (per limb or per tree)  Sand debris (per CY or ton)  Animal carcass (per pound or ton) Contracts & Procurement

35. North Carolina Emergency Management FEMA Debris Alternative Procedures Pilot Program Sandy Recovery Improvement Act of 2013 Public Assistance

36. North Carolina Emergency Management Public Assistance Alternative Procedures Signed into law January 29, 2013 Authorizes several significant changes to the way FEMA may deliver assistance through PA program Debris Removal (Category A) Pilot Program runs through 6/27/16 Participation is voluntary Sandy Recovery Improvement Act of 2013

37. North Carolina Emergency Management Debris Removal (large & small projects)  Reimbursement of straight time force account labor  Financial incentive for FEMA-approved Debris Management Plan & at least one pre-qualified debris contractor: one-time 2% fed share increase first 90 days  Retain income from recycling without grant offset  Sliding scale for debris removal cost share to incentivize faster/more efficient debris removal (days from start of incident period):  0-30 days = 85% federal cost share; 31-90 days = 80% federal cost share; 91-180 days = 75% federal cost share;  Beyond 180 days: not eligible unless time extension granted by FEMA  Each component independent (choose any, all, or none) Sandy Recovery Improvement Act of 2013

38. North Carolina Emergency Management FEMA Disaster Deductible Concept Discussion State Public Assistance

39. North Carolina Emergency Management Joe Stanton Assistant Director/Recovery Chief 919-825-2349 joe.stanton@ncdps.gov Andy Innis Public Assistance Manager 919-825-2326 (office) 919-218-3191 (cell) andy.innis@ncdps.gov State Public Assistance