The URL can be used to link to this page

Home My WebLink AboutTidal Basin - Disaster Recovery Today AMNisTMTION OCT 421 090WIF,CALIFOMA DDAL P�ASIN October 2017 Dear Reader, I'd like to personally welcome you to the enclosed 20th edition of Disaster Recovery Today, Like its predecessors, this issue presents key insight from a disaster recovery professional to help bring an optimum recovery in FEMA's Public Assistance Program. This issue, is especially important for two reasons: First, the topic— "Proper Debris Management 11" — couldn't be more timely. As we were on press, hurricanes Harvey and Irma were among the headlines reminding us of how devastating hurricanes can be — and they are only one type of weather-related disasters making news today. Second, this issue is our first to carry the Tidal Basin nameplate since the Tidal Basin Group joined with Adjusters International to expand the combined scope of our disaster recovery services. The two organizations are now one —with Tidal Basin, long one of the nation's premier disaster planning, preparedness and recovery firms, providing our FEMA Public Assistance services and Adjusters International specializing in helping clients maximize their reimbursement from property insurance claims. Tidal Basin and Adjusters International are now the Total Solution& in helping public and private entities of all types, navigate through all aspects of the disaster recovery process. We thank you for subscribing to Disaster Recovery Today and hope it will continue to be a valuable service to you. John Marini President & CEO 126 Business Park Drive I Utica,NY 13502 � P:800.382.2468 1 F:315.797.1090 1 TidaiBasinGroup,com � w w /; ;,. / / /// %� i�//,/i �� ,// fig/ ✓/// / la eITbent and /.. ��✓ /� � //r///////r r�dd ralubN f / 4ingand ✓ � �o erasions ha�uin a plan ry H ,� ;,li/%`� / r rat i" could weeded /IJ/ rece11 rom a Proper Debris Management 11 �rrtartile is e Tracking Public Assistance Policy Changes and ram Their Effect can Debris Removal ranged BySkip Cerminaro ndaI' this / r sn�or dq ster Recent Changes to the PA Program The Public Assistance Program's policies and procedures are �,l!/�%1�/��,✓l�f, /1,�✓✓! �f°i,/''/�, i%� / //`,` ,�/ %, + khan s and constantgy assessed and updated to bring about more consistency ��%j%I�j/r/i%��/i%��I//,i � ��/, � // i r �r /%/ / ap in streamlining the recovery process.The Robert T.Stafford Act ////// / q,rl, /, y;o mce ertaining er 23 1 9 ' signed into law November 8„amended the Disaster Relief /'✓/✓i G , ,� ' �//'/ �//��'�",� Act of 1974 to provide federal assistance to state tribal and local governments affected by a manor disaster or emergency.Following Disaster Hurricane Sandy,the Sandy Recovery Improvement Act.(SRIA) 145", be read became law on January 29,2013,amending the Stafford Act,The r /article.https:H latter made improvements to streamline recovery procedures, /' UblrtgonsJincrease applicant flexibility,save time and maneincludgn /%n�/ %�/�,//r'%�i /j/%%�/%✓i��/ administrative costs,and enhance commungties'resrlienceDgainst �/��/ip�j �i/i/� o,� ✓„ / ff future disasters. SR|Aauthorizes Alternative Procedures for QnMarch l9,2UlSthe FEMA Disaster the P4Program asidentified insection 428 Assistance Reform Act of2015 (Bill H.R. ofthe Stafford Act. 1tisthese amendments 1471)was introduced toreauthorize and policy changes,and how they apply the programs, policies and procedures todebris management that are discussed ofFEMA.The legislation was enacted in this article. to speed up and streamline recovery efforts, plus reduce costs.The act also There were l7provisions outlined inSRIA° provided reauthorization VfFEMA to most ofwhich have been implemented as confirm accountability and Congressional pilot programs.Guidance onthe pilot oversight« program for debris removal was issued on June 28, Z0l3.Thisprogram |scommonly Another significant change to the referred tnasthe Debris Removal Public Assistance Program and how it Program Alternative Procedures' orPublic isadministered occurred when FEMA Alternative Procedures Pilot Program introduced the PARedesign P|aybook for Debris Removal. Details omhow this lnJune Z015.This new pYaybookutilizes program affects recipientszand sub- Lean Management Principles'whereby recipients'are explained later|mthe article. FEMA uses new processes and procedures / in conjunction with new roles and responsibilities toadminister the PA Program.Asa result,much of the disaster- related information and documentation required for PAfunding will be needed 49 earlier|nthe process(see Disaster Recovery Today Issue 4O1@—BeReady for the Next Disaster and the Public Assistance Process for guidance on pro-active preparation; https:Htida|basingrmup.corn/pub|ica1ions/ disaster-recovery-tVdaV/be'ready-for-the- next'disaster'amd-the puWic-ass|stance- pnocess8. In January 2016 FEMA issued the first edition Ofthe Public Assistance Program and Policy Guide (PAPPG)oFP104'Q09/2 whereby they combined all PApolicy and procedures into one g�uideeffective for all ^x�~�. ~ ~ ~ �� 8 �A�� re��r�`��~ disasters declared after January 1'2016. �~~ .�~~%~ ^ 0 ��' �n/ �� RecentKyFEK8Aaga|nrevisedthePAPP{S 4��j� �� &4�� *� �� ^ ^~ — '' — effective for all declarations after April 1, �= ~��^� ��. ry eligible �� K.�8��. 2Ol7. |tisanticipated that the guide vvi|| ~^��^� -- s� beupdated annually. yr, Basic Eligibility Requirements , The minimum requirements for debris removal work to be eligible did not ii g change.The work must be: hky • A result of the declared disaster • Located within the designated area;and • The legal responsibility of an eligible applicant.' / !� In addition to these minimum eligibility requirements,debris removal eligibility also requires the work to: Eliminate immediate threats to lives, "Debris removal from non—navigable public health and safety, waterways, flood control works an • Eliminate immediate threats of natural wate ays is eligible f the debris significant damage to improved public or private property;" poses an immediate threat... Ensure economic recovery to the benefit of the community at large,or FederalHighway Administration (FHWA) • Mitigate risk to life by removing federal-aid road's, unless approved by substantially damaged structures and FEMA on a case-by-case basis,and United associated structures and appurtenances States Army Corps of Engineers (USAGE) as needed to convert property acquired navigable waterways,is not eligible. Now, using Hazard Mitigation Grant Program according to the FEMA PAPPG FP 104- (HMGP)funds for uses compatible with 009/2,debris removal from FHA roads open space, recreation or wetlands is eligible as is removal from navigable management practices.Such removal waterways of debris that obstructs the must be completed within two years of passage of vessels if the applicant has the declaration date unless extended' by legal responsibility for the navigable the FEMA Assistant Administrator for the waterway maintenance. Debris removal is Disaster Assistance Directorate,' eligible to a maximum depth of two feet below the low-tide draft of the largest DRT Issue 4012 pointed out that debris vessel that navigates the waterway.'° removal from improved public property and public right-of-ways(ROWS) is eligible. Debris removal from non-navigable It also noted that debris removal from waterways,flood control works and natural waterways,iseligible ifthe debris appropriate Tohelp with unusually high poses an immediate threat such as: expenses resulting from extraordinary circurnstances.State highway agencies ~ Obstructing orhas the potential to may seek funding under the ERprogram. obstruct an intake structure; Local highway agencies may not deal directly with the FHVVA. ERfunds are not ~ Could damage structures such as bridges eligible for disaster-related debris removal and culverts; that l»eligible for FEMA funding when a presidential declaration ismade for an ° Could cause flooding toimproved public emergency ormajor disaster. or private property[nthe occurrence of afive-year flmod.`/ According to the Guide tothe Federal-Aid Highway Emergency Relief Prmgnarn,`^ Waterways under the Natural Resources federal-aid highways are all public roads Conservation Service (NRCS) are eligible not functionally classified aseither local for debris removal ifthe previous criteria orrural minor co8|ectVrs"asestablished are met and the NR[Sisnot providing with state highway agencies.When the assistance under their Watershed president declares anemergency ormajor Protection Program (EVVP). Debris removal disaster authorizing federal assistance from flood control works that are under under the FEMA Public Assistance the specific authority nfthe NRCS |snot Program for debris removal, FHVVAER eligible for PAfunding,even ifthe NR[S |y funds are not eligible for debris removal not providing aois\amce.`z operations.All debris removal activities onfedera|'aid roads will be considered Federal-Aid Highm/ays(FHW&) for funding under the RAProgram and The FHVVAEmergency Relief(ER) Program" must adhere tnapplicable policy eligibility imintended tosupplement states,counties, criteria to be funded. cities Vrother federal agencies when Public Assistance Alternative Procedumes(PAAP) Pilot Program for Debris Removal u'K��&°�� .�� m��=�� ~��y�� SR|Amrnendedthe Stafford Act,including "°°° �^= president declares Section 42Rwhich authorizes FEMA to �� l��K��' �� K�� ~��/��V� rnakeavailable four alternate procedures ~~ emergency ~ major federal assistance under through pilot program: �� J��=Assistance �� ~ Anincreased federal co�share Lo �"" FEMA~~ ~ ^ ~~~~~~� ^ ~~~~----- Program-�� -' accelerate debris removal operations, for debris removal, FHWA ER funds sliding scale; �� ~ �~=J� debris 8��&Mr�8 ~~ � ux��o��uw� x�� ^ `-~^~ ~ ~~� ~ The ability toretain recycling revenues; operations." ��u�� s. pr � • Eligibility for Farce Account Straight- Time labor or • The ability to receive a 2 percent incentive if there is a Debris o. Management Plan. Details of the four procedures will be N discussed later. ��Cp�!�� .4 Pel t One or more of the procedures may be chosen by a sub-recipient. In order to participate the recipient and FEMA must be notified within 60 days of the sub- recipient's Kickoff Meeting or before the time when the first sub-award (Project Worksheet)for any debris removal work is obligated—whichever comes first.This is accomplished' by submitting a signed Public Assistance Alternate Procedures "As an incentive to expedite the Pilot Program for Debris Acknowledgment form.One or more of the four procedures completion of debris removal the sub-recipient chooses to participate in work, FEMA provides incremental will be checked on the form.There is also a boat to check if non-participation in the increases in the federal cost share program is preferred. contingent upon the period of time The Alternate Procedures may be applied from the start the incident en " to both small and large projects.16 Participation maybe rescinded by the su'b-recipient for one or more of the procedures before any of the debris Depending on the severity of a disaster, sub-awards are obligated—and written this cost share may be increased by notification is provided to FEMA within authority of the president.As an incentive 60 days of the Kickoff Meeting. to expedite the completion of debris removal work, FEMA provides incremental Procedures increases in the federal cost share contingent upon the period of time from Increased Federal Cost Share(Sliding the start of the incident period.It does Scale) not apply to debris work completed by Typically,the minimum federal cost share Direct Federal Assistance (DFA).Formally for a declared major disaster is 75 percent, the period of performance for completion . •. $ of emergency work,including debris For example,if all debris removal removal,is 180 days from the declaration operations are completed 100 days from date of the disaster.The following chart the incident period start date,the federal shows the incremental time frames and cost share for expenditures from day one the associated federal cost share. to and including day 30 is 85 percent;day 31 to and including day 90 is 80 percent; and day 91 to and including day 100 is DAYS FROM THE START FEDERAL 75 percent. OF THE INCIIDENT PERIOD COSTSHARE Day 1 -30 85% FEMA may fund debris removal work after 180 days contingent upon their approval Day 31 -90 80% of a time extension.Time extensions Day 91 - 184 75% must be submitted through the recipient. Day 181 + 0% Normally the recipient may extend a time extension for debris removal up to six additional months but may not grant an extension under the Accelerated Debris Removal Alternative Procedure,Only FEMA may authorize an extension. Extensions may be granted only when unusual "Normally FEMA will reduce the circumstances hinder the work. Delays due funding for eligible debris removal to weather or inability to obtain permitting in time are unlikely to be considered. work by the amount of any money 17 Direct Administrative Costs(DAQ received from recycling the debris. incurred after the 180-day period are eligible but must be related to debris operations conducted within the 180-day period. Retaining Recycling,Revenues Normally FEMA will reduce the funding for eligible debris removal work by the amount of any money received from recycling the debris. Under this Alternative Procedure the money may be kept by the sub-recipient if it is used to fund authorized purposes before the end of the period of performance to complete debris iii removal,operations.The four approved purposes a sub-recipient may use their recycling funding for include: DISASTER RECOVEW&06AY.com ~ Meeting their non-federal cost share of pertaining to the sliding scale period the their debris removal sub-award Public labor hours fall into, ifthe sliding scale Assistance funding; procedure ischosen. ^ Developing comprehensive disaster Debris Management Plan preparedness and assistance plans, FEMA will fund anadditional 2percent programs and capabilities; federal cost share for debris removal operations performed within 9Odays of ~ Conducting activities toreduce the risk the incident period start date if the sub- of future damage, hardships or suffering recipient has aFEMA-approved Debris from amajor disaster such as,enhancing Management Plan (DMP).This is a one- landfill-management sites or installing time incentive that will not beavailable debris trash racks orsilt fences,etc.; again tothe sub-recipient throughout the pilot program. ~ Improving future debris rernmVa| operations orp|anniimO. The DMP must beimplemented for the incident and contain one ovmore pre- Written notice of the recycling revenue re'VVr|ttgnnoticeoftherecycUingnevenue qualified debris removal contractor(s) received bvthe sub-nedp|ent,including whose availability, prior experience, the date the debris operations were technical and management capabilities, completed,quantities and types nf past performance and other capabilities debris that were recycled,and the have been evaluated.Whatever cost mfprocessing the recycled debris qualifications asub-recipient uses for should besubmitted within 3Odays of their evaluation ufthe cmntractnr(s), the completion cf the debris removal they should beidentified imthe DMR operation.Within 90days of the Identifying acontractor aspre-qualified period o[performance deadline date does not designate a"stand-by"contract the sub-recipient must also provide with that contractor. lfasub-recipient documentation onhow the recycling does sign astand-by contract with apre- revenue was used. qualified debris removal contractor(s), FEMA would consider them pre-qualified Force Account Straight-Time Labor when the contract|sutilized contingent Reimbursement upon its compliance with 2CFR 2OOand is FEMA normally only reimburses eligible based on reasonab|ecosts.`» overtime hours for debris removal.With this new alternative,sub'recipiemtsthat The [}A8P should include at least the utilize their own personnel for debris following 12planning elements: removal operations,whether itisfull-time oradditionally hired staff, may submit ^ Debris management overview their straight-time aswell astheir overtime wages, including fringe benefits. FEMA will ° Events and assumptions fund the appropriate federal cost share ~ Debris collection and removal plan Additional information about the Public Assistance Alternative Procedures (FA8P) ~ Temporary debris management sites and Pilot Program for Debris Removal may disposal locations be6oumdathLtps://w/wvv.fenna.gov/ alternative-procedures. ~ Debris removal omprivate property Contract Procurement ~ Use and procurement of contracted All entities receiving funding through the services Public Assistance Program for contracted eligible work must,ata minimum,comply ~ Use offorce account labor with federal procurenment standards. Written procurement procedures must ° Debris operations monitoring also,have been established prior tothe declared disaster they may beinvolved ^ Health and safety requirements in. Previously,44CFR§ 13.36 contained the regulations concerning contract ~ Environmental considerations and other procurement and was used for guidance regulatory requirements and compliance for the Public Assistance Program,2CFR Z00,was adopted in ~ Public information its entirety ooDecember 26,JO14and now supersedes 44CFR§ 1I36for all ^ Identify one ormore pre-qualified debris declarations after December 26, 2Ol4.Part and wreckage removal contractors 13has been removed from Title 44nfthe (identifying does not create astand-by Code ofRegulations ([FR)./* contract) ]CFR 2UU, UNIFORM ADMINISTRATIVE REQUIREMENTS,COST PRINCIPLES,AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contains S21 sections and 12 append|ces."Local governments and sub- recipients should follow 2 CFR 20O.]17- 326ifthey have orplan toprocure services that may befandedumderthe Pub||c Assistance Program. FEMA has created aprocurement checklist for non-federal entities (NFEs)tnaid them, lncomplying with federal procurement requirements. The following are examples and not all inclusive ofthe questions: Does the procurement comply with the states own procurement Jaws rules arra procedures?§200.317 0 Yes 0 No ith the, Does NF�sohwpprocurement ocurementl��rules and procedures?§200.278(a) ❑Yes F-I N £' I goes the NFF have—§200.218(c):Any ` employee,officer oragent participating � in the selection,award or administration � , Gr of a contract supported by a federal award that has an actual or apparent conflict ofinterest? E1 Yes ®No (Note the red type,if checked, indicates non-compliance with federal requirements) proposals.This is a situation where a Time and Materials(T&M)contract may be used, Failure to comp]y with these requirements but only for the immediate, reasonable may ieogardize eligible expenses under response stage.T&M contracts are used the Public Assistance Program.The entire when a scope of work or the amount of checklist can be found at www.fema.govl time needed to complete the work is not procurement-disaster-assistarnce-team. clearly discernible and must also include a "'not to exceed"price. Debris resulting from a disaster can be overwhelming and,most importantly, Non-competitive contracts must be can hinder emergency access to the handled carefully. Procurement by non- affected people—causing an immediate competitive proposals is procurement threat to their lives, health and safety. through solicitation of a proposal from A community's first priority is to open blocked routes to allow first responders into the area.These first responders include search and rescue, medical,fire All entities receiving funding through and utilities personnel and equipment. tyle Public c Ass stance Program for When.a community is devastated. by enormous amounts of debris, local contracted eligible work must, at officials will call on all available resources a minimum, comply with federal both internal and from the commercial sector.These contraetors'servicesmay nrocurement standards." be procured through noncompetitive only one source and may be used only - After soliciting bids from a number of when one or more of the following sources,competition is determined to be circumstances apply: inadequate;or • Item is only available from a single - The public exigency or emergency source; for the requirement will not permit a delay resulting from competitive • Federal awarding agency or pass- solicitation." Note:The exigency or through entity expressly authorizes emergency timeframe usually lasts non-competitive proposals in response for a brief period.Once the routes are to a written request from the non-federal clear, usually by pushing the debris to entity; the sides and some removal,the debris operation will evolve from a response mode to recovery.All emergency operations involving contractors should immediately cease and the recovery debris removal operation must be re-solicited under open competitive procurement procedures.Allowing the response contractors to continue with the recovery removal stage without undertaking the proper procurement procedures will jeopardize funding. Conclusion Emergency work, including debris removal f j ' f ' ','�%� operations,are usually the first response activities and the immediate focus of "Whatever tracking system you may employ, it is imperative that it validates and verifies you your activities so that u have the required your 7%.� documentation if the FEMA Public Assistance Pro ram is activated ...YY 9D , 0 �� ...�..�� , �, �� qui �' � � I• attention when time is essential in abating the imminent threat to the lives, health f�/ Al and safety of those affected.While it is not an immediate priority to know whether F the event you may be responding to will eventually evolve into a presidentially declared disaster, it is important to always document your activities.Whatever tracking system you may employ, it is imperative that it validates and verifies ` your activities so that you have the % required documentation if the FEMA � Public Assistance Program is activated and you need to submit your claims for reimbursement. „ a All your labor time,equipment usage— both rented and force account, material `All your labor time, equipment usage from stock or new purchases, detailed contract procurements usage - both rented and force information,activated mutual aid agreements,donated resources,etc.,must usage, be accurately documented. utilizing the stock or new purchases, derailed information and links in this article in conjunction with proper documentation contract procurements information, of your activities will increase your eligible activated mutual aid agreements, reimbursement and likelihood of retaining the much-needed funds. donated resources, etc., must be accurately documented.” 'FEMA SRIA Fact Sheet,March 2014. Recipient—A non-Federal entity that receives a Federal award directly from a.Federal awarding agency to carry out an activity under a Federal program.Public Assistance Program and Policy Guide FP 104-009-2/April 2017. 'Sub-recipient-.A non-Federal entity that receives a sub-award from a pass-through entity to carry out part of a Federal program.It does not include an individual that is a beneficiary of such program.A Sub-recipient may also be a Recipient of other Federal awards directly from a Federal awarding agency.Public Assistance Program and Policy Guide FP 104-009-2/April 2017. 'The FEMA Disaster Assistance Reform Act of 2015—House Committee on Transportation&Infrastructure. 'According to Wikipedia,Lean Management is an approach to running an organization that supports the concept of continuous improvement,a long-term approach to work that systematically seeks to achieve small,incremental changes in processes in order to improve efficiency and quality. 6The PAPPG"clarified,and superseded language from PA Program publications and 9500 Series documents listed in Appendix L of that edition." IT44 CFR§206.223(a). .o s "Utilizing the information I Improved property is any structure,facility,or item of equipment that was and links in this article constructed,built,or manufactured.Land used for agricultural purposes is not improved property.44 CFR§206.221(d). 144 CFR§206.224(a). in conjunction with 'OPAAPG FP 104-009-2/April 2017;p.53. proper documentation 11 Ibid. 11PAPPG FP 104-009-2/April 2017;p.54. of 11nur activities will 13 Statutory Reference:23 U.S.C,120(e)and 125,Sections 1107 and 1508 of MAP- 21 (Public Law 112-1410;Sections 1112 and 1937 of the 2005 SFAETEA-LU increase your eligible (Public Law 109-59). "A Guide to the Federal-aid Highway Emergency Relief Program;www.fhwa.dot. reimbursement and gov/specialfunding/er/gu ide,pdf, "For nomenclature purposes,those roadways that provide a high level of likelihood of retaining mobility are called"Arteria Is;"those that provide a high level of accessibility are called"Locals;"and those that provide a more balanced blend of mobility the much-needed funds." and access are called"Collectors;"Highway Functional Classification Concepts, Criteria and Procedures,p.6 https://www.fhwa.dot.gov/pl,anning/processes/ statewide/related/highway–functional–classificatio,ns/fcauab.pdf. 16 For disasters declared post October 1,2016,the small project minimum threshold is$3,100 up to the large project threshold of$123,100.New thresholds may be implemented for post October 1,2017 declarations based on the annual Consumer Price Index(CPI)Adjustments. "Direct Administrative Costs:are costs incurred by the Recipient or Sub-Recipient NOWM* that can be identified separately and assigned to a specific project.Such costs can include staffs time to conduct an initial inspection,prepare and submit a PW,collect and disseminate documentation,and make interim and final inspections of the project. "Public Assistance Alternative Procedures Pilot Program for Debris Removal FAQs,June 28,2015. "'Public Assistance Program Interim Guidance on 2 CFR Part 200,December 26, 2014. llhttps://www.ecfr,gov/cgi-bin/text-idx?SID=6f8ac4543ccbb4O52e9Ol eb9dO3Oae 5a&mc=true&node=pt2.1.200&rgn=div5, 'a'2 CFR§200.320(f). N" Skip Cerminara WEB ADDRESSES DISASTER RECOVERY TODAY is Is there a topic you:would like Tida]BasinGroup.com published as a public service by to see covered in an upcoming TIDAL DisasterRecoveryToday.com Tidal Basin,It is provided for general information and is not intended to edition of Disaster Recovery Today? BASIN,,, PUBLISHER replace professional insurance,lega6 or You can make topic suggestions, Ronald A.CUccaro,SPPA financial aclvmce for specific cases. contact the editor,request free CORPORATE OFFICE EDITOR 126 Business Park Drive Sheila E.Salvatore copyright(D 2017 Adjusters Internakional, subscriptions and browse our Utica,New York 13502 Inc.,Tidal Basin and thericiat Basin logo are back issues all from our website— 800.382.2468 trademarks of Adjusters international,Inc. DisasterRecoveryToday.com,We Outside U.S.(315)7973035 FAX:(315)272.2054 look forward to hearing from you. Editor@DisasterRecoveryToday,coni Follow Disaster Recovery Today on Facebook&Twitter: Facebook.com/TidaIBas'inGnaup 0 Twitter.com/DRToday DRT17 4019