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PREPAREDNESS APPLICANT’S / INFORMATION BRIEFING FEMA 1668 DR-LAPublicAssistance
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PREPAREDNESS APPLICATION PROCEDURES n In accordance with, 44 Code Federal Regulations § 206.202 –Grantee responsible for: »Applicant Registration »Applicant Information »Applicant Application »Technical Assistance »Payment Processing
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PREPAREDNESS APPLICANT BRIEFING Information for Public Assistance n Provides information for local officials that will assist during recovery operations. n Briefing is designed especially to provide information on the eligibility requirements of the Public Assistance (PA) Program. n Review required documentation and the rules & procedures necessary for expense reimbursement for eligible expenses. n Complete & return the following at conclusion of this briefing:
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PREPAREDNESS APPLICANT BRIEFING Required Forms to complete n Request for Public Assistance Form (RPA) (Complete and return at conclusion of this briefing) n W-9 Tax ID Number Form (Complete and return to GOHSEP) n Applicant Assurance Form (Complete and return to GOHSEP) n Designation of Applicant Agent Form (Complete and return to GOHSEP) n LANG-HEP-R Fax Number: (225) 925-7501 n Public Assistance Office at JFO: (225) 338-6782 Attention: Disaster Recovery Division FEMA Disaster Number FEMA-DR-LA 1668
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PREPAREDNESS DATES/ELIGIBLE PARISHES 1668-From,October 16, 2006, and Continuing Consumer Price Index Indicator Federal Fiscal Year 2007 Eligible Parishes Initial Statewide @ $ 1.22 Parishes @ $ 3.05
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PREPAREDNESS PUBLIC ASSISTANCE “Supplemental Federal Assistance provided under the provisions of the Stafford Act to State and Local Governments and certain eligible Private Non-Profit (PNP) Organizations; other than Assistance for the direct benefit of Individuals and Families” CODE OF FEDERAL REGULATIONS (CFR) TITLE 44 SECTION 206
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PREPAREDNESS SEQUENCE OF EVENTS n Disaster Event n Local/State Assessment n FEMA/State/local Verification n Presidential Declaration –FEMA 1668 DR-LA n Open the Joint Field Office (JFO) n Applicant / Information Briefing n Forms applicants are required to Submit: –RPA (now); –W-9 Form-ASAP; –Applicant Assurance Form-ASAP; –Designation of Applicant Agents Form-ASAP n Kick Off Meeting
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PREPAREDNESS EXTENT OF FEDERAL FUNDING n COST SHARING: All projects are subject to the Provisions of the FEMA/State Agreement. n LARGE PROJECTS (CPI VALUE - $59,700): Funding is based on a combination of: 1) 100% Actual Cost, 2)Given % of Actual and Estimated Cost, or 3) 100% Estimated Cost. n SMALL PROJECTS : Funding is based on same information above and Agreed on by Applicant and FEMA. n Each Project Worksheet is a GRANT, treat it as such!
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PREPAREDNESS EXTENT OF FEDERAL FUNDING - OPTIONS n OPTIONS: 1. Improved Project: Damaged facility to use the opportunity to make additional improvements. Limited to the Federal Share of the Approved Estimate (GAR approval required). 2. Alternate Project: Applies to large and small projects. Example: Building destroyed / construct a sidewalk. Federal funding limited to 75% of Federal Share (permanent restorative work) (RD approval). Request must be made within 12 months of Kickoff Meeting. FEMA and GOHSEP approval required.
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PREPAREDNESS PUBLIC ASSISTANCE / POLICY “It is a requirement of the Stafford Act that, in the administration of the Public Assistance Program, Eligible Assistance be delivered as Expeditiously as possible Consistent with Federal Laws and Regulations”. THE STATE AGREES TO: 1. Manage grants within the Limits of the Stafford Act. 2. Keep Sub-Grantees informed of the Status of Projects. 3. Provide Full Payment as soon as possible.
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PREPAREDNESS www.louisianapa.com
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PREPAREDNESS Select Resources at the top of the page to access State Reimbursement Instructions and Forms
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PREPAREDNESS Click on PA Info to get information on Disaster Specific Guidance and Information Sheets
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PREPAREDNESS Summary page: Shows overall payment status, Applicant may Submit Documents for Reimbursement from this page.
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PREPAREDNESS Projects Page: Shows all project worksheets for applicant and Gives Status of the project.
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PREPAREDNESS Projects Page: Shows all project worksheets for applicant and Gives Status of the project.
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PREPAREDNESS Expenses page:
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PREPAREDNESS Payments Tab: Click on icon left of Voucher number to view payment details.
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PREPAREDNESS PUBLIC ASSISTANCE / WHO n ELIGIBLE APPLICANTS 1.State Agencies 2.Local Governments 3.Indian Tribes 4.Eligible Private Nonprofit Operations / That provide essential type services to the general public (IRS Tax exempt)
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PREPAREDNESS PRIVATE NON-PROFIT (PNP) n Must provide essential services of a Governmental Nature to the general public –Medical –Custodial care –Educational –Emergency –Utility n Legal Eligibility (FEMA Determination) –Tax exempt under Section 501(c),(d), or (e) –SBA processing for Non-Critical Services
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PREPAREDNESS LOCAL RESPONSIBILITY n Prepare a list of work performed by location. n Locate each site on a map. n Provide photographs etc. as required. n Ensure that the “local” representative formulates the Project or is part of the formulation Team.
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PREPAREDNESS LOCAL RESPONSIBILITY n Be able to provide complete cost breakdown. n Must have insurance coverage data available. n Determine if project will be repaired by force account or contract. n Have copies of appropriate ordinances, Bldg codes & standards, O/T Policy, etc…. n Maintain good quality records.
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PREPAREDNESS AUDIT PROCEDURES n The Single Audit Act and appropriate OMB circulars dictate the audit requirements of local government and private non-profit organizations. n Refer to OMB A-133 and Single Audit Act Amendments of 1996. n Any claimed expenses are subject to audit! n Small Projects are considered 100% closed at the time the Project is written. FEMA and/or State will conduct and random sampling of projects to validate overall completion.
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PREPAREDNESS APPLICANT’S AGENT n Authorized by local Governing body. n Official point of contact. n Responsible for Project Management: –Contact for all official correspondence. –Coordinates Damage inspection visits. –Collects supporting Project documentation. –Submits quarterly reports to the Grantee. –Ensures project completion. –Submits Final Project Reports to the Grantee. –Prepares for final project Audit/Closeout.
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PREPAREDNESS PUBLIC ASSISTANCE / FOR n BASIC WORK ELIGIBILITY If expense is incurred or an item of work is required : 1. As a result of a Declared Event. 2. Work Is within Designated Disaster Area. 3. Work Is the Responsibility of the Applicant. 4. Not within Authority of another Program.
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PREPAREDNESS GENERAL WORK ELIGIBILITY n TIME OF DAMAGE - Damage must have occurred within the Incident Period. n FACILITY USE - Must be Operational. n INSURANCE - Deductible & Depreciation. n IDLE TIME EQUIPMENT - Not Eligible. n COST MINIMUM - Project(PW) at least $1,000. n MAINTENANCE - Normal/Routine Not Eligible. n FEMA COST CODES - Cost codes will be utilized.
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PREPAREDNESS HOT ITEMS n REGULAR TIME (FORCE ACCOUNT LABOR) FOR PERMANENT EMPLOYEES IS NOT ELIGIBLE FOR EMERGENCY WORK, BUT IS ELIGIBLE FOR PERMANENT WORK. REGULAR TIME FORCE ACCOUNT EQUIPMENT IS ELIGIBLE (Keep good records of all work). n ELIGIBILITY CRITERIA FOR ALL PNP’S HAS BEEN RESTRICTED TO THOSE PROVIDING ESSENTIAL GOVERNMENTAL SERVICE TO THE GENERAL PUBLIC. n REVIEW FLOODPLAIN INSURANCE RULES.
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PREPAREDNESS CODES & STANDARDS TO BE CONSIDERED n Repair vs. Replacement. 50% Rule. n Must be Adopted PRIOR to the disaster. n Uniform Application. n If Existing / Must be Utilized & Enforced
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PREPAREDNESS STANDARDS n Facilities will be restored to pre-disaster design. Present standards will be incorporated if: –They apply to the type of work required. –Are adopted prior to the disaster. –Apply to similar facilities and enforced if in effect before the disaster.
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PREPAREDNESS FACILITIES UNDER CONSTRUCTION n Considered under appropriate work Category. n Ownership must be established. n If they are under the responsibility of the Contractor- They are not eligible. n Insurance coverage must be applied 1 st. n Repair to Pre-disaster condition (eligible work).
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PREPAREDNESS METHODS TO COMPLETE WORK n (1)FORCE ACCOUNT (DRM-2005 / p.73-76) –Employees –Equipment –Materials / Supplies n (2)CONTRACTS (DRM-2005 / p.74-76) –Competitive Bids, (Part 13.36 of 44CFR & LA Public Bid Law). –Assistance with review by State and/or FEMA. –Inspection of work, (Local, State and Federal). n (3)OTHER REQUIREMENTS (DRM-2005 / p.75-76) –DOCUMENTATION! –Equipment rates –Project Performance (Work Schedule, Contingencies) –Changes Order request
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PREPAREDNESS PROJECT ADMINISTRATION n Documentation !!! n Responsibility of the subgrantee. n The Project Worksheet (PW) Ex-DRM p. 101 –Identifies the worksite(s) –Has a unique I.D. number –Specifies eligible costs / scope of work n Only approved work is eligible n The Sub Grantee is responsible for project formulation. FEMA Field Staff can only make recommendations, never a yes or no determination, at best it is a recommendation. n Eligibility and Program concerns are to be addressed directly to the State (GOHSEP). GOHSEP will facilitate the vetting process.
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PREPAREDNESS WORK DOCUMENTATION n IMPORTANCE OF PROPER RECORDS n UTILIZE PHOTOGRAPHS & SKETCHES n ANTICIPATE PROBLEMS EARLY n ESTABLISH A WORKING FILE SYSTEM n APPLICANT MAINTAINS ORIGINAL COPY n EXAMPLES OF IMPORTANT ITEMS: –Equipment logs & time records. –Invoices & check nos. for ALL purchases. –Rental equipment utilization. –Copies of all Contracts, Bids & Procurement.
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PREPAREDNESS FORCE ACCOUNT LABOR n Employee must be on your payroll. n Payroll must show: –Pay period. –Employee Name & Job Classification. –Number of hours worked each day. –Total hours worked for pay period. –Rate of pay (Regular & Overtime). –Pay check number & Total earnings. –Complete Activity sheets daily and place in the proper Project file. –Page 109 DRM.
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PREPAREDNESS FORCE ACCOUNT / EQUIPMENT n Record as Owned or Rented. n Information Required: –Type and description. –Date used. –Number of hours used each day. –Total hours used. –Rate per hour- Force Account documentation. –Copy of contract (Rented). –Repair costs are ineligible. n Place all information in the Project file. n Page 111 DRM.
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PREPAREDNESS PROJECT TIME LIMITS n Each Project has a completion date computed from the declaration date: –DEBRIS REMOVAL - 6 months –EMERGENCY WORK - 6 months –PERMANENT WORK - 18 months n Start work in a timely manner. n Applicant’s agent is responsible for monitoring the work and complying with the deadlines.
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PREPAREDNESS TIME EXTENSIONS n Notify the State immediately if a time extension may be required. n Applicant’s agent must submit a written request to the State with the following: –Identify the Project by number –Justification for the extension –Specify a new date for completion n The State will provide the applicant with a statement of approval or disapproval.
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PREPAREDNESS DAMAGE CATEGORIES n EMERGENCY WORK –Cat A / Debris Removal –Cat B / Emergency Protective Measures n PERMANENT WORK –Cat C / Road Systems –Cat D / Water Control Facilities –Cat E / Public Buildings & Equipment –Cat F / Public Utilities –Cat G / Parks, Recreational & Other n Project Grouping is allowed(vehicles/park)
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PREPAREDNESS CAT A - Debris Removal n Removal of debris from public & private lands & waters is eligible when necessary to: –Eliminate immediate threat to life, public health & safety, on private or public property. –Ensure economic recovery in the affected area. –Benefit community at large. NOT ELIGIBLE n Garbage Pickup (Routine Pickup NOT ELIGIBLE) n Examples DRM-2005 (Red Book/ p. 65) n See ohsep.louisiana.gov web site.
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PREPAREDNESS n Emergency Protective Levees - ELIGIBLE when used to protect the Public and Not to protect Individuals n Sandbagging & Emergency Pumping - ELIGIBLE n Safety Barricades & Signs - ELIGIBLE n Health & Safety Hazards - ELIGIBLE, but Vector Control must be Pre-Approved by DHS & FEMA n Hourly Costs for Overtime on a Regular Employee and all Salary costs for an Extra Hire is ELIGIBLE n Food & Shelter is ELIGIBLE when provided by the applicant for the victims/ceases when Red Cross operations begins CAT B - Emergency Measures
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PREPAREDNESS n Road Systems (DRM-2005 / p.68) 1. Repairs & Replacement- Cannot be Pre-Existing 2. Paving- Loss of Paved surface is ELIGIBLE 3. System Standards- Formal Adoption required 4. Beautification Items - NOT ELIGIBLE 5. Must be functional at time of the disaster CAT C - Road Systems
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PREPAREDNESS n WATER CONTROL FACILITIES (DRM-2005 / p.69) 1. Levees & Dams- Projects written by Inspectors with comments from COE or Nat. Resources Conservation Service 2. Drainage Channels- Restore Pre-Flood Capacity 3. Natural Streams- Only Debris foreign to that Stream and Constitutes an Immediate Threat is ELIGIBLE 4. Seeding & Sodding- Used in Disturbed areas only 5. Siltation-Review time of last Maintenance to determine amount caused by Disaster Event CAT D - Water Control
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PREPAREDNESS CAT E - Public Buildings / Equipment n PUBLIC BUILDINGS & EQUIPMENT (DRM-2005 / p. 70) 1. Restoration - Return to Predisaster Design in Accordance with current Codes & Standards 2. Extensive Damage-Repairs ELIGIBLE only when the building is structurally sound & feasible to repair 3. Relocation- If Totally Destroyed by Flood, then relocation from the Flood Plain will be studied 4. Insurance- Commercial Carrier Pays First, Deductibles and Depreciation are ELIGIBLE 5. Equipment- Should be replaced with Used/Surplus 6. Supplies- Replaced to Predisaster Quantities 7. Vehicles- Project written less insurance using Blue Book Value (includes Equipment)
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PREPAREDNESS n PUBLIC UTILITIES (DRM-2005 / p.71) 1. Electrical- Restore to Predisaster Condition in the most Economical manner (State Guidelines Red Book) 2. Sewer Collapse- Damage should be obvious / limited Inspection may be eligible (video), but must be approved in advance. Cannot search for problems. 3. Cleaning- Eligible when necessary to restore proper functioning of the system in specific reaches. 4. Revenues- Loss of Revenue is NOT ELIGIBLE. 5. Loss of Inventory- Is ELIGIBLE when documented. CAT F - Public Utilities
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PREPAREDNESS CAT G - Parks & Recreation n PARKS, RECREATION, & OTHER (DRM-2005 p.72) 1. Trees - NOT ELIGIBLE 2. Grass- Normally NOT ELIGIBLE 3. Beaches- Permanent restoration on the Sand on natural Beaches is NOT ELIGIBLE 4. Public Park facilities and structures may be eligible. Check with State Parks Commission.
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PREPAREDNESS INSURANCE n Required for all Insurable Facilities which incur damage in excess of $5,000 /206.252(d)& 253(d) n No Assistance will be provided in future Disasters if required Insurance is not obtained. n Requirements shall apply Equally to PNP Facilities. n Actual and Anticipated Insurance recoveries shall be deducted from otherwise Eligible Costs. n All applicants must comply with the new flood plain management regulations.
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PREPAREDNESS FLOOD INSURANCE n For any insurable structure in a Special Flood Hazard area (100-Year Floodplain), FEMA will reduce eligible costs by the Maximum Amount of Insurance Proceeds that could have been obtained from a Standard National Flood Insurance Policy. n Items still eligible for PA Funding are: –Deductibles. –Items not insurable by a NFIP Policy. –Damages in excess of maximum coverage.
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PREPAREDNESS n Ensure –Reasonable cost. –Competitive bidding. Avoid –Debarred or suspended contractors. –Cost - Plus - Percentage - Of – Cost. –Payment contingent upon federal reimbursement. –See: www.epls.gov/ CONTRACT WORK
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PREPAREDNESS PROCUREMENT STANDARDS n Applicants will utilize their own rules as long as the rules conform with Fed. Standards. n Must maintain a contract administration system. n Utilize written code of standards. n Use Federal excess & surplus property in lieu of purchasing new equipment. n Avoid duplicate purchases. n 44 CFR Part 13.36. Procurement Standards. n Maintain records and documentation.
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PREPAREDNESS METHODS OF PROCUREMENT n Small purchase procedures. n Sealed Bids. n Competitive Bids. n Noncompetitive Bids (sole source) –Can only be used when the award of a contract is infeasible (normal means) and the following apply, and must be documented: (1) Item is only available single source. (2) An emergency exists. (3) After solicitation, competition insufficient.
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PREPAREDNESS CONTRACT DOCUMENTATION n Copy of Bid Advertisement. n List of Bidders. n Copy of Contract Awarded - best value. n Exception statement -to low bid (if required). n Invoices / Schedules of values - Annotated –Project Number / Date paid / & Check number. n Record of inspections. n Engineering services & costs: –Procurement verification. –Invoices describing service with date & $.
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PREPAREDNESS COST OVERRUN/Large Project n Be sure Overrun is for approved work and does not exceed the Scope of Work. n Report any potential Cost Overrun immediately to the State PAO in writing, include the following information: –Project Number. –Justification. –Amount. n All Small Project costs Overruns will be processed through an Appeal after Project C/O
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PREPAREDNESS SPECIAL CONSIDERATIONS In response to recognizing the environmental & historic issues, the State and FEMA Region VI has initiated action to recognize these issues
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PREPAREDNESS SPECIAL CONSIDERATIONS n Request Technical Assistance from FEMA for Special projects, i.e. Environmental, Historical, Endanger Species, etc… n Non-compliance with the Environmental requirements could result in loss of potential funding for projects that could be eligible for funding. n Utilize State Agencies to assist with project worksheets, i.e. LDNR, LDEQ, LDWF, SHPO.
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PREPAREDNESS ENVIRONMENTAL REVIEW n Requires compliance with all environmental and Historic Preservation Laws. n Environmental review helps expedite compliance with Federal, State and Local laws. n Hunting, fishing and historic buildings are significant to Louisiana’s economy.
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PREPAREDNESS HISTORIC PRESERVATION n Structures (e.g. buildings, bridges and archeology sites) over 50 yrs old must be reviewed by FEMA for reimbursement. n Emergency demolitions--tell us ASAP! n OHSEP & FEMA work with the State Historic Preservation Officer (SHPO) for compliance. n Previously undisturbed areas (i.e. borrow site) require prior coordination with the SHPO. n If archeological resources are uncovered, cease construction or work and notify the SHPO immediately.
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PREPAREDNESS DEBRIS MANAGEMENT n Obtain permits prior to burning debris. n Reduce debris volume wherever possible (e.g. grinding, chipping, burning, recycling). n Dispose debris in a permitted landfill. n Do Not dump debris into open waters of any kind (including wetlands or floodplains). n Debris staging must be on an acceptable site; complete debris certification or get individual permits. n See OHSEP web site.
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PREPAREDNESS COASTAL USE PERMITS n LA Dept of Natural Resources (DNR) is the lead agency n Cooperative Agreement with COE, DNR, & DEQ n Clearing House for US COE Section 10 and 404 permits n Applicant is responsible for obtaining and complying with all permits
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PREPAREDNESS THREATENED & ENDANGERED SPECIES n Consider the affects of threatened or endangered species. n US Fish & Wildlife Service is the primary contact for Federally listed threatened and endangered species. n LA Wildlife & Fisheries is the primary contact for State listed species. n Applicant must comply with all Federal & State endangered species laws.
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PREPAREDNESS ENVIRONMENTAL DOCUMENTATION n Maintain all permit documents n Maintain all correspondence and documents to support compliance with any environmental species conditions (For example - bald eagle nesting condition) GUMBO
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PREPAREDNESS WE HAVE A DECLARATION ! n A Kickoff meeting is held n Opportunity to provide the following to the applicant: –What records to keep –Cost-estimating procedures –Review Validation and Project Grouping –Discuss Special Considerations and Appeal/Audit procedures n Good start is the Key
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PREPAREDNESS REQUEST FOR PA FORM n 2005 Red Book - p.60 n A one page form n Information used to establish a Case Management File n Must be submitted within 30 days of the date the parish was declared! n Must have e-mail for grant management data base
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PREPAREDNESS PROJECT FORMULATION n Following the Kickoff Meeting, the Applicant is responsible for identifying all damages and determining how to develop the work into projects. n Formulation allows for the consolidation of similar work items into projects. n Provides Flexibility and should expedite approval and funding.
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PREPAREDNESS PROJECT FORMULATION TEAM n FEDERAL REPRESENTATIVE n STATE REPRESENTATIVE n LOCAL REPRESENTATIVE
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PREPAREDNESS SMALL PROJECT DEVELOPMENT n Sites with damages up to $59,700. n Applicant may request technical assistance to complete the process. n Small Projects will be put into 2 categories: –Projects w/o special considerations. –Projects with special considerations. n Projects may be grouped based on: –Type of damage / system / method of work –Boundaries / organization
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PREPAREDNESS SMALL PROJECT PAYMENT n Process should encourage early submissions. n Each small project with special considerations will undergo a special considerations review. n Small PW’s may be approved and processed for payment quickly.
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PREPAREDNESS LARGE PROJECTS n Projects over $59,700 n FEMA Project Officers (PO’s) will be assigned to each large project. n Project costs may be developed utilizing a Cost Estimating Format (CEF) that is based on standard industry factors. n Each large project is submitted on a separate PW.
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PREPAREDNESS LARGE PROJECTS n Will be on a reimbursement basis. n Summary of request, to include copies of invoices and checks. n Can be submitted online through louisianapa.com. n Project Worksheet for payment will be identified with percentage completed.
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PREPAREDNESS LARGE PROJECTS n Identify anticipated shortfalls. n Provide written justification for over runs. n Specify amount requested, to include sub- grantee portion. n Request must be signed by Applicants Designated Agent.
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PREPAREDNESS PROJECT WORKSHEET n You may include more than one damaged site on a worksheet. n The approved Project Worksheet is the basis for funding
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PREPAREDNESS THE APPLICANT’S RESPONSIBILITY n Documentation n Providing complete project documentation: –Scope of work –Special considerations –Estimated/actual cost –Force account & contract costs –insurance information –regulation compliance
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PREPAREDNESS DEADLINES TO MEET n Request for Public Assistance - 30 Days. n Following the Kickoff meeting - 60 days to report all damages. n Completion of Emergency Work - 6 months. n Completion of Permanent Work - 18 months. n Quarterly Reports until… n Final P.4 and Closeout. PROJECT
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PREPAREDNESS APPEALS n Must be submitted within 60 days after notification of a decision regarding assistance. n FEMA must render a decision within 90 days following receipt of all related information. n Regional Director (RD) will notify the GAR in writing of the disposition. n Subgrantees will receive written notification from the GAR. n Only 2 Appeals for each decision are allowed!
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PREPAREDNESS PROJECT CLOSEOUT n Once the work has been completed, and all quarterly reports and payments have been made, Project closeout will be initiated. n A review of all work may be accomplished by: –State representatives –FEMA representatives –FEMA OIG representatives n Once it is determined that records and documentation support the work and payments issued for eligible claims, supported by the signed P.4, the project will be closed.
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PREPAREDNESS FOLLOW-UP ACTIONS n Report all known damage to the Parish Emergency Manager / ASAP. n Prepare for the arrival of FEMA / State Teams to write the (Projects). –Complete and turn in the Request for PA. n Complete work and documentation. n Applicant’s must provide either: –Quarterly Reports (unsigned P.4). –Completed P.4’s when work is completed. n Begin your work and documentation now to: Prepare for Close-out inspection
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PREPAREDNESS HOW YOU CAN HELP! n Make the Inspection Team aware of any know sensitive environmental issues when a Project is being written. n Don’t hesitate to call the responsible agency for clarification or information. n Make all environmental information available. n Consider mitigation (Part 406). n Keep good records
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PREPAREDNESS FOR ADDITIONAL INFORMATION CONTACT ANY OF THE FOLLOWING: n STATE OFFICIALS (225) 925-7500 or 7501 fax –GAR / Mr. Perry Jeff Smith, Jr., CPA –SCO / Thomas Kirkpatrick –Infrastructure Branch Chief / Mark Debosier –Public Assistance Officer / Jeffrey Giering –318-641-3141 (v) / 318-641-3165 fax –Hazard Mitigation / Shane Rauh –Chief Finance Officer / Kim Dwin
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PREPAREDNESS
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