City of St. Petersburg Disaster Cost Reimbursement Manual

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1 City of St. Petersburg Disaster Cost Reimbursement Manual Updated: January 2013 Prepared by: Audit Services Department City Auditor: Bradley H. Scott, CPA, CIA, CFE Contact: Melinda Jenzarli, CPA, CIA, CFE, CFST

2 USING THIS ONLINE VERSION: THROUGHOUT THIS MANUAL, YOU WILL SEE THE HAND TOOL ICON BELOW AS YOU SCROLL THROUGH THE PAGES. CLICKING ON ANY LINE IN THE TABLE OF CONTENTS WILL TAKE YOU TO YOUR SELECTED PAGES. WHEN YOU SEE THE HAND SYMBOL AGAIN IN YOUR PAGE, YOU MAY CLICK AND WILL BE RETURNED TO THE TABLE OF CONTENTS

3 TABLE OF CONTENTS INTRODUCTION & DISASTER COST REIMBURSEMENT OVERVIEW... 1 I. FEMA PUBLIC ASSISTANCE PROGRAM I.A FEMA Eligibility Applicant Facility... 6 A. Documenting Pre-Disaster Condition Work... 7 A. Eligible Work Criteria... 7 B. Eligible Categories... 7 C. Disaster Related Work Documentation Cost A. Force Account Labor B. Force Account Materials C. Force Account Equipment D. Equipment & Supplies Purchased for Disaster use E. Contracts F. Donated Resources G. Project Supervision & Grant Management Costs I.B FEMA Project Formulation A. Types of Projects B. The Project Worksheet C. Combining Work & Creating Projects D. Identifying the Damaged Facility E. Project Location F. Damage Description & Dimensions G. Scope of Work H. Cost Estimate II. FHWA: FEDERAL HIGHWAY ADMINISTRATION ER PROGRAM III. SMAA: STATEWIDE MUTUAL AID AGREEMENT IV. FEMA APPENDIX A. FEMA Schedule of Equipment Rates...FEMA A 1 B. Force Account Equipment Summary Record... FEMA B 1 C. Material Summary Record... FEMA C 1 D. Rented Equipment Summary Record... FEMA D 1 E. Project Worksheet...FEMA E 1 F. Special Considerations Questions... FEMA F 1 G. Force Account Labor Timesheet... FEMA G 1 V. FHWA APPENDIX A. List of FHWA ER Roadways in City... FHWA A 1 B. FHWA ER Road Map... FHWA B 1 C. Detailed Damage Inspection Report... FHWA C 1 VI. SMAA APPENDIX A. Timesheet... SMAA A 1

4 INTRODUCTION This manual is for use in preparing for cost recoveries related to all natural disasters and emergencies including, but not limited to hurricanes, tropical storms, tornadoes and flooding. The information contained is applicable to all federally declared disasters and emergencies. Most of the information included in this manual was taken from the Public Assistance Guide FEMA 322/May The purpose of this manual is to assist City departments to be able to adequately document the City s disaster related costs and expenses and to help prepare the required forms for reimbursement. Depending on the nature and location of the disaster, the City will submit reimbursement documentation to one or all of the following: the Federal Emergency Management Agency, U.S. Department of Homeland Security (FEMA); the Federal Highway Administration (FHWA); the State under the Statewide Mutual Aid Agreement (SMAA); or any other Federal and State agencies providing assistance. DISASTER COST REIMBURSEMENT PROCESS OVERVIEW STORM EVENT IS APPROACHING PINELLAS COUNTY AND CITY 1. Prior to declaration and coinciding with EOC activation: The Audit Services Department (ASD) will send an to all City employees advising them and their respective departments of the following: A. All disaster related labor must be recorded in Kronos using the following coding: Kronos paycode 007-Disaster Regular Time or 111- Disaster Overtime B. The City s equipment list is available on the intranet under Disaster Information Pages/FEMA Assistance Recovery Forms & Information/FEMA Disaster Equipment rates and should be used to identify equipment used for disaster related activities. (This list is maintained, updated and matched up with the appropriate FEMA equipment codes by the Fleet Management Department in the M5 system. Fleet will advise Budget of the appropriate FEMA code to be added to the equipment list in Oracle projects.) C. The FEMA forms for labor and equipment usage (see FEMA-G-1 and FEMA-B-1 in this manual) must be completed, signed by the employee and approved by a supervisor/manager. Be very specific in your description of the work performed on the FEMA labor & equipment forms. Document what was done, by who, when and where. For the equipment used, include Make, Model, Year, Horse Power, Size and (this information will be included in the City equipment list available on the intranet). 1

5 D. The equipment forms must be compiled into a spreadsheet (AUDIT SERVICES WILL PROVIDE A TEMPLATE SPREADSHEET) including the following fields: Equipment Description including the Make, Model, Year, Horse Power, Size and FEMA equipment code Operator name and employee number Date and number of hours equipment was used for disaster related activities Equipment rate & total cost Location/Site and description of work performed E. Assign one representative per department to coordinate the disaster documentation process. (Each department should immediately notify ASD of the name and contact information for the department representative responsible for providing reimbursement documentation for that respective department.) Each department representative must verify the following before forwarding documentation to the Audit Services Department (ASD). The spreadsheet compiled for equipment usage is complete and in agreement with what was reported on the FEMA equipment forms (Once completed this spreadsheet is to be sent to the ASD) Number of hours reported on the employee s timesheet is equal to or greater than the hours they report using a piece of equipment. Overtime is reported only for hours worked over 40 sweat hours/week. Equipment rates are correct per the FEMA Disaster Equipment rates Schedule Forms are signed and dated by both employee and supervisor Time entered in Kronos and the equipment spreadsheet agrees with the labor and equipment usage on the FEMA forms, including number of hours and pay/equipment rates. Remember that overtime for FEMA purposes is only sweat hours over 40hrs/week. For example: Scenario 1: if you worked 24 hrs regular shift, you were out sick or on annual leave for 16 hrs ( non-sweat time ) and also performed storm related work for 5 hours, then the five hours will be coded 007 (regular time) in Kronos and on the labor FEMA form. Scenario 2: if you worked 24 hrs regular shift, you were out sick or on annual leave for 16 hrs ( non-sweat time ) and also performed storm related work for 20 hours, then 16 hours will be coded to 007 (regular time) and 4 hours would be coded to 111(overtime) in Kronos and on the labor FEMA form. F. After the verification and reconciliations outlined in E. above are complete, each department representative should the reconciled equipment spreadsheet to ASD. A binder should be created (do not staple documentation) with the following supporting documentation and sent to the ASD department: Copy of the reconciled equipment spreadsheet (previously ed to ASD) Completed and signed FEMA equipment forms (originals) Completed and signed FEMA timesheet (labor) forms (originals) KRONOS punch detail report and statement of earnings from Oracle for each employee (include the punch detail report and statements of earnings behind the employee timesheet) 2

6 Take as many pictures as possible of buildings, facilities, equipment etc. before and after the storm. Pictures must also be taken of debris including all tree stumps that are in the right of way. Any preventative measures to mitigate damages to City facilities and equipment should be taken prior to the storm. 2. EOC Activation: ASD attends first EOC meeting and reminds departments to document all expenditures related to event. ASD provides copies of the time and equipment sheets as needed. (These forms will also be made available in electronic format.) STORM EVENT OCCURS 3. Immediately after the Storm Event: ASD re-establishes contact with departments reinforcing the use of disaster payroll codes, completion of timesheets etc. 4. Preliminary Damage Assessment: City Engineering Department prepares a Preliminary Damage Assessment and sends to the County. ASD also receives a copy. 5. Declaration: At the request of the State, the President declares Pinellas County a disaster area. ASD obtains the Disaster Declaration Number from the FEMA website. 6. Applicant Briefing: ASD attends the FEMA/State Applicant Briefing and makes contact with the State Public Assistance Representative (PA) and FEMA Public Assistance Coordinator (PAC) assigned to the City. An initial Kick Off meeting is scheduled with the State PA, FEMA PAC and ASD. 7. RPA: ASD files a Request for Public Assistance (RPA) within 30 days of the declaration. 8. Funding Agreement: ASD requests a Funding Agreement from the FEMA PAC following the Applicant Briefing. This agreement requires City Council approval. 9. Kick off Meeting: An initial Kick Off meeting is held with ASD, State PA and FEMA PAC. (Reps from other City Departments responsible for managing City recovery projects may also be invited. The City s documentation process, preliminary damage estimates, SOW s, etc. are discussed. 10. Project Formulation/Preparation: ASD will coordinate with departments reporting category C-G damages to set-up site visits where the FEMA PAC and State PA will inspect the damages. Note the emergency work (Category A&B) should be completed within 6 months and permanent work (Category C-G) within 18 months of the declaration. (See section 1.3.b for descriptions of each category) 3

7 Reconciled time and equipment sheets are sent to ASD. ASD consolidates the sheets submitted for project formulation i.e. by category/site/department etc. ASD calculates the benefit rates for Police, Fire and Other Depts. to apply to the total labor costs documented. ASD compiles project cost estimates and documentation. Project Worksheets are completed by the FEMA PAC for large projects and may be completed by ASD or the FEMA PAC for small projects. Small projects are sampled at 20% if submitted within 60 days of the kick-off. Large projects are verified at 100%. 11. Project Worksheets: After project worksheets are completed, the final Project Worksheets are signed on behalf of the City by ASD and submitted for reimbursement. FEMA obligates funds for the projects to the State. ASD works with State on obtaining funds. 12. Project Close Outs: The PA Program is closed when all of the grants awarded under a given disaster have met the statutory and regulatory requirements and all funds have been obligated. Records must be kept for 5 years after the closeout letter from FEMA is received. (Note: FEMA only requires records to be kept for 3 years, however, the State requires 5 years) 13. Other Federal agencies that often have authority to provide disaster assistance include: Federal Highway Administration (FHWA) The FHWA Administers the Emergency Relief Program to assist State and local governments with the repair of Federal Aid roads and bridges damaged during disasters. Funds are primarily used for permanent work and are granted on the basis of inspections performed by FHWA and State highway personnel. o Shortly after the FEMA Kick Off meeting, ASD establishes contact with the FDOT to begin FHWA reimbursement process. o ASD completes a Detailed Damage Inspection Report (DDIR) and notifies FDOT that the DDIR is ready for review. After FDOT review, the DDIR is finalized, signed and submitted to FHWA for reimbursement. The documentation process for FHWA reimbursement if very similar to the FEMA requirements above. U.S. Army Corps of Engineers (USACE) Has the continuing authority to conduct emergency repair and permanent restoration of damaged flood control works including levees, floodwalls, flood control channels and dams designed for flood control. The USACE also has the authority to construct and repair facilities that protect the shorelines of the United States. Only locally owned shoreline works are eligible under the PA Program. All other federally constructed facilities are eligible under USACE. Department of Agriculture-Natural Resources Conservation Service (NRCS) Under the emergency Watershed Program, the NRCS has the authority for the repair of flood control works with drainage basins of 400 square miles or less. The USACE is responsible for flood works within a larger drainage basin. The NRCS also has the authority to remove debris from stream channels, road culverts and bridges. 4

8 SECTION I FEMA PUBLIC ASSISTANCE PROGRAM The Public Assistance Program is administered by the Federal Emergency Management Agency (FEMA), a component of the Department of Homeland Security. Under the PA program, FEMA awards grants to assist State and local governments and certain Private Nonprofit entities with the response to and recovery from disasters. FEMA will generally reimburse the City for 75% of the eligible costs. However, FEMA has the option of providing up to 100% reimbursement of eligible cost for certain disasters. The State generally will reimburse the City for one half of the remaining balance of the eligible cost that was not reimbursed by FEMA or 12.5% of eligible cost. The PA program is based on a partnership between FEMA, State and local officials: FEMA is responsible for managing the program, approving grants, and providing technical assistance to the State and applicants. The State acts as the grantee for the PA Program. The State also educates potential applicants, works with FEMA to manage the program and is responsible for implementing and monitoring the grants awarded under the program. The applicant (the City), also referred to as the subgrantee, is responsible for identifying damage, providing sufficient data for FEMA to develop an accurate scope and cost estimate for doing the work and approving grants, and managing the projects funded under the PA Program. Section I.A FEMA: Eligibility The Public Assistance (PA) Program is based on statutes, regulations and policies. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) is the underlying document that authorizes the program. Regulations published in Title 44 of the Code of Federal Regulations (44 CFR) Part 206 implement the statute. Policies are written to apply the statute and regulations to specific situations and provide clarification on a range of issues. These authorities govern the eligibility criteria through which FEMA provides funds for public assistance. These criteria have the following four components: 5

9 1. APPLICANT FEMA provides supplementary Federal assistance to State, local, and tribal governments, and certain private nonprofit organizations. The City is considered to be the applicant. 2. FACILITY An eligible facility is any building, works, system, or equipment that is built or manufactured, or any improved and maintained natural feature that is owned by an eligible public or private nonprofit (PNP) applicant with certain exceptions. To be eligible a facility must: Be the responsibility of an eligible applicant. Be located in a designated disaster area. Not be under the specific authority of another Federal agency. Be in active use at the time of the disaster. Examples of eligible public facilities include: Roads (non-federal aid) Sewage Treatment Plants Airports Irrigation Channels Schools Buildings Bridges and Culverts Utilities A. Documenting Pre-Disaster Condition of City facilities Risk Management currently has contracted with an outside vendor for appraisal services. As part of their appraisal services, this vendor may have already photographed some of your facilities and their contents. The department should contact Risk Management to see which, if any, of their facilities this vendor has already provided Risk Management with photographs. Each department has a number of options available to them to record the pre-disaster condition of their facilities. Some of the options available are: The department has their own equipment (digital camera, for example) and could photograph or videotape their facilities without any cost to them except for the price of film or tape. The department may borrow a camera or video recorder from another city department. The department could have Channel 35 videotape the facilities for them. The cost would depend upon the amount of time it takes. The department could contract with the same vendor Risk Management uses to come out and photograph their facilities. If enough departments show interest and the cost is reasonable, the City may elect to have this work done on a regular basis. 6

10 3. WORK Maintenance records of all facilities and City equipment must be maintained. This can include routine maintenance logs and/or maintaining a file of all invoices for repairs and regular maintenance performed. PHOTOGRAPHS AND VIDEOTAPES MUST BE STORED IN A SECURE LOCATION. There are three general types of work that may be authorized eligible with different criteria for each: Debris Removal Emergency protective measures; and Permanent restoration Debris removal and emergency protective measures are considered emergency work. Permanent work includes restoring the facility back to its pre-disaster design, function, and capacity. A. Eligible work criteria-the following three criteria apply to all types of work. Direct Result-Work must be required as a direct result of the declared major disaster or emergency. FEMA establishes an incident period which is the time span that the disaster causing incident occurs. Damage that is a direct result of events that occur during the incident period is eligible. Protective measures performed within a reasonable and justified time in advance of the event may be eligible. Damage that occurs after the close of the incident period that can be tied directly to the declared event also may be eligible. Designated Disaster Area-Eligible work must be located within a designated disaster area. Legal Responsibility-The work must be the legal responsibility of the City at the time of the disaster to be eligible. Ownership of the facility is generally sufficient to establish the responsibility for work to repair the facility. B. Eligible Categories-To be eligible for public assistance funding, the damages must fall into one of the following seven categories: Category A Debris Removal - This category includes the clearance of trees and woody debris; certain building wreckage; damaged/destroyed building contents; sand, mud, silt, and gravel; vehicles; and other disaster related material deposited on public property. For debris removal to be eligible, the work must be necessary to: o Eliminate immediate threats to lives, public health and safety o Eliminate immediate threats of significant damage to improved public or private property when the measures are cost effective. o Ensure economic recovery of the affected community to the benefit of the community-atlarge. Removal of debris from private property is generally ineligible however if debris on private business and residential property is so widespread that public health, safety, or the economic recovery of the community is threatened, the actual removal of debris from the private property may be eligible. FEMA must approve removal of debris from private property before the work begins for that work to be eligible. 7

11 It should be noted that the City has a contract in place with a debris removal company (currently Crowder-Gulf). In the event of a major storm and at the discretion of the Mayor, it may be decided to utilize the contractor to remove most or all of the storm debris with City forces supplementing the effort. City forces will use this manual to document their debris removal activities. The contractor will produce FEMA acceptable documentation which will be reviewed by Audit Services prior to project formulation. The City may also utilize a monitoring firm to accumulate and collate documentation developed by the debris contractor. Category B Emergency Protective Measures - This category addresses the need to provide appropriate emergency measures designed to protect life, safety, property and health (i.e. barricades, sandbags, police, and fire personnel). It is important that Police and Fire Department Personnel specifically indicate on their timesheets the disaster activity they are engaged in and in the case of a police cruiser specify whether the activity is patrolling as compared to being stopped and posted at a barricade. FEMA requires that mileage be recorded to obtain protective measures reimbursement for patrolling whereas the hours are recorded for a police cruiser stopped with lights on. Category C Road System Repairs - This category addresses damage to non-federal roads, bridges, streets, culverts and traffic control devices. Category D Water Control Facilities - Eligible damages under this category include costs to repair irrigation systems, drainage channels, and pumping facilities. Repair of levees, dams, and flood control channels is restricted to debris removal, flood fighting, and emergency repairs, if constructed for the purpose of eliminating or reducing the threat of flooding. Category E Buildings and Equipment - Eligible damage under this category includes costs to repair public buildings and equipment, supplies/inventories that were damaged and transportation systems such as public transit systems. Vehicles are also included under this category. Category F Public Utility Systems - Under this category, assistance is available for damaged water systems, landfills, sanitary sewer systems, storm drainage systems and light/power facilities. Category G Other (Parks, Recreational Facilities, etc.) - The Other category includes park and recreational facilities, or other public facilities damages that do not reasonably fit in one of the other six categories. For Categories A and B, only overtime wages, the related fringe benefits for permanent employees and all labor costs of extra hires are normally eligible. However, FEMA may elect to include regular time as an eligible cost. For this reason and that FEMA does reimburse the City for any equipment used during Category A and B activities, the department must keep track of both regular and overtime hours worked and reconcile the hours worked with the equipment reported on the FEMA Force Equipment Summary Sheet and the electronic Excel spreadsheet created by each department coordinator. For Categories C through G, gross salaries or wages, which include regular, overtime and fringe benefits, are eligible for FEMA reimbursement. In order for the City to be reimbursed for wages, the department is required to keep track of all hours worked on disaster related activities and must reconcile the hours worked with the equipment used. 8

12 C. Disaster Related Work Documentation It is critical to establish and maintain accurate records of events and expenditures related to disaster recovery work. The information required for documentation describes the who, what, when, where, why, and how much, for each item of disaster recovery work. This information should include estimated and actual costs; force account labor; force account equipment, materials, and purchases; photographs of damage, work underway, and work completed; insurance information; environmental and/or historic alternatives and hazard mitigation opportunities considered; environmental review documents; receipt and disbursement documents; and records of donated goods and services, if any. The importance of maintaining a complete and accurate set of records for each project cannot be over-emphasized. Good documentation facilitates the project formulation, validation, approval, and funding processes. All structure and facility damage has to be documented with numerous pictures, preferably in digital format such as JPEG. All digital pictures should be labeled to identify, at a minimum, the physical location (address and/or intersection cross streets), GPS Location (if available), date taken, building name (if applicable) and any other relative descriptive information. FEMA relies heavily on photographs as part of their project formulation. The damage must be described in terms of facility, features, or items requiring repair. These digital pictures should be sent to the ASD either via or interoffice mail on a CD including all the information referenced above. Each department should also keep a copy on file for future reference. Each department is required to provide Audit Services with the following information in relation to ALL damages caused by a disaster: Individual responsible for overseeing the repair and associated department. Determination as to whether the damage will be repaired or not. Authorizations to perform the work either by department head or Mayor. A complete and detailed description of the damages and detailed scope of work needed to repair the damage. Who will perform the repair (city forces or contractor) If a contractor is performing the repair --a detailed official cost estimate on their letterhead. Explanation of how the contract was procured and what procurement method was used. If price was not competitively determined; explain why not. Explanation of any change orders, how it relates to eligible scope of work and how the cost was determined. If City forces are performing the repair a work order with a detailed description of the repair including labor hours and materials. The FEMA timesheets and equipment forms will also have to be completed and signed. If the repair has already been made--all documentation related to the cost of the repair. Whether Insurance will cover some or all of the cost of the repair. Physical address of the location of each repair. Photographs of the site/equipment before work started, work underway, and work completed. (digital format is preferred) Any other documentation available including but not limited to: purchase orders, invoices, maintenance logs, payments, site maps, sketches, calculations, measures, hazard mitigation proposals, and for large buildings/projects, a set of plans. 9

13 In the description of damages, the description should include dimensions and quantities in order that proper estimates of material quantities and costs can be developed. Below are examples of incomplete and complete damage descriptions: o Example 1 Incomplete: Municipal Marina office sustained water damage. Complete: Floodwater inundated Municipal Marina office to a depth of four feet, damaging drywall, carpeting and office equipment in 4 offices and reception area. o Example 2 Incomplete: Floodwater caused damage to the parking lot. Complete: Floodwater undermined the northwest corner of the parking lot. The parking lot has a total capacity of 100 vehicles. This caused the asphalt surface and gravel sub-base to settle over a 1,000 square foot area, affecting 15 parking spaces, resulting in broken asphalt and compromised sub-base requiring complete replacement. 4. COST Audit Services will submit worksheets and documentation to FEMA on the City s behalf. With the department providing this information, Audit Services will be able to maintain a complete and accurate set of records for each project. For multiple declared disasters, the cost for each disaster must be segregated and accounted for separately. Generally, costs that can be directly tied to the performance of eligible work are eligible. Such costs must be: Reasonable and necessary to accomplish the work. Compliant with Federal, State and local requirements for competitive procurement. Reduced by all applicable credits, such as anticipated insurance proceeds and salvage values. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Reasonable costs can be established through: The use of historical documentation for similar work Average cost of similar work in the area Published unit costs from national cost estimating databases FEMA cost codes, equipment rates, and engineering and design services curves A. Force Account Labor Force account labor is a term used to indentify labor provided by the City s employees, rather than by a contractor. Labor rates include actual wages plus fringe benefits paid or credited to personnel. The FEMA forms for force account labor (see FEMA-G-1 in this manual) must be completed and approved by a supervisor/manager. Be very specific in your description of the work performed on the FEMA Disaster Related Work forms. Different eligibility criteria apply to labor rate for different types of employees and work as follows: 10

14 Permanent Employees- For debris removal and emergency protective measures (Category A & B), only overtime labor is eligible. For permanent work (Category C-G), both regular time and overtime are eligible. Overtime or Comp time for exempt employees is not eligible except where written policies allow for it, and cannot be contingent upon federal funding. The costs of salaries and benefits for employees sent home or told not to report due to emergency conditions are not eligible for reimbursement. Administrative Policy # allows exempt employees to receive payment on an hour-for-hour basis for overtime worked during emergency conditions when authorized by an Executive Order by the Mayor. For this reason, all hours over 40 in the course of a week worked by exempt personnel during an emergency should be tracked. Seasonal Employees - When covered under existing budgets and used for a disaster during the normal season of employment are considered permanent employees for the purpose of cost eligibility. Backfill Employees - If the backfill employee is an extra hire, the cost of this person represents an extra cost to the City therefore straight time, overtime and benefits are eligible. If the backfill employee is a regular employee there is no extra cost therefore only the overtime cost is eligible. The key is if the backfill employee results in an extra cost to the City. Temporary Employees - Are extra personnel hired as a direct result of the disaster. Regular and overtime costs are eligible for both emergency and permanent eligible work. Foremen and Supervisors - Generally only the first line supervisors for permanent work are eligible. Labor costs of second level supervisors (and above) are ineligible unless the City can account for specific time spent on eligible permanent projects. Direct management costs of eligible projects from the design phase to the completion of work are eligible. The salaries of commissioners, mayors, department directors, police and fire chiefs, and other administrators are usually not eligible. Regular Time and Overtime - For debris removal and emergency protective measures, only overtime labor is eligible for permanent employees. For permanent work, both regular time and overtime are eligible for all employees. All disaster related labor must be recorded in Kronos using the following coding: Kronos paycode 007-Disaster Regular Time or 111- Disaster Overtime. Be sure that 40 regular time sweat hours have been worked before coding time to 111 Disaster Overtime. There are also payroll codes for adjusting disaster regular time and overtime. Code 807 is used to adjust disaster regular time and code 811 is used to adjust the overtime. Fringe Benefits - Fringe benefits actually paid or credited as part of an established policy are eligible. Audit Services will determine the fringe benefit rate for each department. In determining the fringe benefit rate for regular time; Audit Services will take into consideration the following: paid holidays, vacation, sick leave, administrative leave, retirement, health benefits, workers compensation, life insurance benefits, FICA and Medicare. As for overtime, Audit Services will only take into consideration FICA, Medicare, and Workers Compensation to determine the fringe benefit rate. B. Force Account Materials The cost of supplies that were purchased or taken from City stock and used during the performance of eligible work is eligible. 11

15 C. Force Account Equipment Force account equipment is a term used to identify City owned equipment used to perform eligible work related to a disaster. Use of pick-up trucks and automobiles may be reimbursed on the basis of mileage if less costly than hourly rates. For all other types of equipment, costs are reimbursed using the FEMA hourly rates included in this manual. The City s equipment list is maintained, updated and matched up with the appropriate FEMA equipment code by the Fleet Management Department through the M5 system. Fleet will advise Budget of the appropriate FEMA code to be added to the equipment list in Oracle projects. This list is available on the intranet under Disaster Information Pages/FEMA Assistance Recovery Forms & Information/FEMA Disaster Equipment Rates and should be used to identify equipment used for disaster related activities. If the City uses its own equipment, the following should be noted to ensure all required information is documented properly for reimbursement: The Force Account Equipment Summary Record sheet included in this manual (FEMA-B-1) must be completed. Be very specific in your description of the work performed and document what was done, when and where. For the equipment used, include Make, Model, Year, Horse Power, Size and. The equipment forms must be compiled into a spreadsheet (AUDIT SERVICES WILL PROVIDE A TEMPLATE SPREADSHEET) including the following fields: o Equipment Description including the Make, Model, Year, Horse Power, Size and o FEMA equipment code o Operator name and employee number o Date and number of hours equipment was used for disaster related activities o Equipment rate & total cost o Location/Site and description of work performed Ensure the equipment usage can be reconciled to the timesheets for the individual assigned to the equipment (idle time is not allowable). Standby time is generally unallowable. Mobilization and demobilization cost should be considered. Throughout the year, departments should advise the Budget Department of newly acquired or disposed equipment. The Budget Department is responsible for maintaining a current list of all relevant City equipment in Oracle. (This listing is to be used to complete the Force Account Equipment Summary Record and to populate the Excel spreadsheet referenced above). Fleet Management and Budget will work together to maintain a current and accurate listing of equipment with proper FEMA codes for reimbursement purposes in both the M5 and Oracle systems. D. Equipment and Supplies Purchased for Disaster Use In the event the City does not have sufficient equipment and supplies to respond to a disaster, FEMA may assist the City in purchasing the needed equipment and supplies. If the individual items of equipment and/or the aggregate total of supplies have a fair market value greater than $5,000 when they are no longer needed for the PA program the City will be required to compensate FEMA for its share of the current market value. Equipment with a per unit value less than $5,000 may be retained or sold by the City with no further obligation to FEMA. 12

16 E. Contracts Contracts must be of reasonable cost, generally must be competitively bid, and must comply with Federal, State, and local procurement standards. FEMA regulations at 44 CFR Part 13 Uniform Administrative Requirements For Grants And Cooperative Agreements To State And Local Governments provide specific guidance on contracts. FEMA finds four methods of procurement acceptable. Each is described below in general terms. 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 - Sealed bid procurement is a formal method where bids are publicly advertised and solicited, and the contract is awarded to the bidder whose proposal is the lowest in price (this method is the preferred method for procuring construction contracts). Competitive Proposals - Competitive procurement is a method similar to sealed bid procurement in which contracts are awarded on the basis of contractor qualifications instead of solely on price (this method is often used for procuring architectural or engineering professional services). Noncompetitive Proposals - Noncompetitive procurement is a method whereby a proposal is received from only one source. Noncompetitive proposals should be used only 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: o the item is available only from a single source; o there is an emergency requirement that will not permit a delay for o competition; o FEMA authorizes a noncompetitive proposal; or o solicitation from a number of sources has been attempted, and o Competition is determined to be inadequate. FEMA provides reimbursement for three types of contracts. They are: o Lump sum contracts for work within a prescribed boundary with a clearly defined scope and a total price; o Unit price contracts for work done on an item-by-item basis with cost determined per unit; and o Cost plus fixed fee contracts, which are either lump sum or unit price contracts with a fixed contractor fee added into the price. o Time and materials contracts should be avoided. FEMA may provide assistance for work completed for a limited period (generally not more than 70 hours) for work that is necessary immediately after the disaster has occurred when a clear scope of work cannot be developed. Monitoring is critical and a competitive process still should be used to include labor and equipment rates. 13

17 Pre-disaster Planning for Contract Services - Consider the following for incorporation into emergency procurement procedures: o What kinds of work will need immediate contract services? Examples: Debris clearance Repair of utilities Shoring and bracing of damaged structures Repairs to doors, windows, interior areas Pumping of flooded structures o Which contractors in the area have the abilities and equipment to perform the work? This could come from a pre-qualified list of contractors who can perform various tasks effectively and efficiently. o Which contractors are willing to respond in an emergency? Determine which contractor can respond to immediate needs. o In the event of a widespread disaster, there will be competition between various local governments and citizens for services. o A Hold Harmless statement is required by FEMA and should be obtained from all landowners where storm debris and mulch are deposited. Environmental permits are also required for all sites where debris is staged and/or processed. Soil and composition samples should also be obtained from all debris processing sites. A copy of this documentation should be sent to the ASD. Each respective department should also maintain this information for future reference. F. Donated Resources Third party donated resources (volunteer labor, donated equipment, and donated materials) are eligible to offset the non-federal portion of the cost for emergency work (category A & B). The amount of credit that can be applied to a project is capped at the non-federal share or 12.5%. Any excess credit can be applied to other emergency work projects of the same applicant. Donated resources must apply to actual eligible emergency work, such as debris removal or the filling and placing of sandbags. An example of ineligible donated resources is volunteers helping individuals applying for assistance. The donated services must be documented and must include a record of hours worked, number of workers at the work site, and a description of work. In order to qualify, donated services must be documented in the same manner as force account labor. As part of the support documentation, the department should include, if possible, the social security number of the person donating their services. Donated services will be valued at rates consistent with those ordinarily paid for similar work in the City s organization. If the City does not have employees performing similar work, the rates will be consistent with those ordinarily paid by other employers for similar work in the same labor market. Examples include but are not limited to: Removing eligible debris Filling and placing sandbags Donating equipment to raise or reinforce a levee Donating materials, such as rocks or sand Search and rescue when part of an organized search and rescue operation Professional safety inspections Mass food and shelter for victims, when not the mission of the organization 14

18 G. Project Supervision and Grant Management Costs The City has several types of eligible supervisory and management costs available that serve different purposes and need to be identified and claimed separately. The following items may be eligible project supervision and management costs: Supervision and Management by Force Account - Only the overtime costs for permanent employees who supervise or manage emergency work (category A & B) are eligible. Labor costs of second level supervisors (and above) are ineligible unless the City can account for specific time spent on eligible permanent projects. Generally, the labor costs of only first line supervisors of permanent work are eligible. Project Management Activities - Eligible project management activities are those activities that the City would have performed in the absence of Federal funding, such as: direct management of projects in the concept and design stages that are being designed by the City s in-house staff, or by an architectural/engineering firm retained to analyze and design the repair or replacement of damaged facilities; procurement activities for architectural/engineering services and performance of work; review and approval of the project design regardless of who performs the design work; and management of construction work by contractors. Master Service Agreement - A MSA includes various tasking for architectural/engineering services, construction and construction management services, procurement assistance (bid document preparation, bid analysis and review, etc.), and other technical services (environmental and historic consulting etc.). The eligibility of specific costs payable under an MSA depends upon the nature of the work. If a task under the MSA meets FEMA eligibility criteria, complies with 44 CFR Part 13, does not duplicate other work funded by FEMA, and is directly related to a specific, FEMA approved project, the cost may be incorporated into the PW for the project it is supporting. Any general MSA costs not directly related to the performance of a specific eligible project are not eligible for reimbursement. Some of these costs may be covered by the Administrative Allowance (e.g., preparing the grant application). A separate PW just for MSA activities may not be prepared. Grantees employing similar services may request coverage of these expenses on a State Management PW. Administrative Allowance - For the PA Program, the Stafford Act stipulates that each grant recipient be provided an allowance to meet the cost of administering the grant. The Administrative Allowance for the City covers direct and indirect costs incurred in requesting, obtaining, and administering Public Assistance, i.e., grant management. No other administrative or indirect costs incurred by the City are eligible. Examples of the activities that this allowance is intended to cover include: identifying damage (to include photographs and flyovers of damaged areas); attending the Applicants Briefing; completing forms necessary to request assistance; preparing PWs for small projects or assisting the Project Specialist (Project Officer) in completing PWs for large projects; establishing files, and providing copies and documentation; assessing damage, collecting cost data, and developing cost estimates; working with the State during project monitoring, final inspection, and audits; and preparing for audits. 15

19 Section I.B FEMA: Project Formulation Project formulation is the process of identifying the eligible scope of work and estimating the costs of each project. A. Types of projects - Formulated projects will result in one of four types of projects with different funding restrictions. The four types of projects are: Small Project A small project is any project which has a cost estimate less than the current threshold for large/small projects. This threshold changes every October 1 st based on the consumer price index. For federal fiscal year 2012, the threshold is $66,400. Funding for small projects is based on the approved estimate to complete the scope of work. If the applicant discovers a significant cost overrun related to actual cost to complete all estimated small projects, then an appeal may be submitted for the additional funds within 60 days of completing the last small project. Large Project A large project is any project which has a cost estimate greater than the threshold for large/small projects. As mentioned above, for federal fiscal year 2012, the threshold is $66,400. All large projects are funded based on actual cost to complete the eligible scope of work. The funding for each large project will be adjusted after all work is complete. Improved Project An improved project is any project (large or small) where the applicant chooses to make improvements (not required by any applicable code, standard, or hazard mitigation measure) to the facility while making disaster repairs. Funding for improved projects is limited to the approved federal estimate to complete the eligible scope of work. The State may approve an improved project. However, FEMA must review the project for compliance with environmental and historic statutes and other special considerations that apply. If improvements are required (e.g., ADA ramp) the project is not considered an improved project, but an environmental review may still be required. An example of an improved project would be if a two-lane bridge was destroyed by a flood and the City decided to build a four-lane bridge in its place. In this example, FEMA funding would be limited to costs associated with building a two-lane bridge. Alternate Project An alternate project is any permanent restoration project (large or small) where the applicant chooses to abandon the facility rather than make disaster repairs. The applicant may use any federal share funds, limited to the approved federal estimate to complete the eligible scope of work, at another facility. There is a 10% reduction in the FEMA funds for all alternate projects. FEMA must perform an environmental review and approve all alternate projects. An example of an alternate project would be if the City decides not to rebuild a destroyed recreation center and builds a new library instead. B. The Project Worksheet The City has 60 days following the Kickoff Meeting to identify and report damaged facilities to FEMA. The project worksheet is the primary form used to document the location, damage description and dimensions, scope of work, and cost estimate for each project. If the City chooses to prepare PWs for small projects they must be submitted to the FEMA PAC Crew Leader within 60 days of the Kickoff Meeting to go through the validation process, although FEMA or the State may set an earlier deadline. 16

20 For large projects, a Project Specialist will be assigned and is responsible for working with the City to prepare the PW s. The Project Specialist may lead a team that includes a representative of the State and one or more Technical Specialists, depending on the type and complexity of the project. The City is responsible for requesting inspections and changes in PWs at any point in the grant process when changes in the project or its costs are identified. The State and FEMA will evaluate the information and, if significant, take appropriate action. C. Combining Work and Creating Projects The City, in coordination with the FEMA PAC Crew Leader, may combine work items into projects. In this manner, the projects may be organized around the City s needs. A project may consist of one item of work, such as repairs to a single structure, or work that occurs at multiple sites, such as repairs to several washouts along a road. The table below describes generally accepted methods of combining projects. It is the responsibility of the FEMA PAC Crew Leader to ensure that the resulting project is logical and consistent with other criteria described below. Method Type of Facility System Boundaries Method of Work Explanation The City could combine all sewer pump stations or gravel roads together. The City could combine repair of several breaks in a water distribution system together. The City may have divided power lines into sectors or a road department into divisions for ease of operations. One contract could be a project or a group of contracts let to one contractor could be a project. Emergency and permanent work may be combined into one project only when the emergency work is incidental to the permanent work. For example, if storm-generated debris must be removed from a building before the building can be repaired, the project could include both the debris removal and the repair work. If multiple sites are combined into one project with a total estimated cost above the large project threshold, that project will be considered a large project. Categories of permanent work may not be combined. FEMA regulations state that individual projects of less than $1,000 in estimated costs are not eligible. However, it is acceptable to combine sites less than $1,000 in estimated costs into one PW when the work meets the conditions shown above for combining sites. Separate less than $1,000 in estimated costs without a reasonable relationship to other sites may not be combined; they are ineligible. D. Identifying the Damaged Facility If a project is a single site, record the name of the facility and its basic function (if necessary), e.g., City Library or Friendship Park. If the project is comprised of multiple sites, and possibly a combination of emergency work and a category of permanent work, the damaged facility title may be more general. For instance: Hill s County Sector A Debris Removal or Chester Elementary School Campus. For these cases, more specific names and location information should be provided for each site within the Damaged Description and Dimensions area of the PW. Detailed maps and sketches may be necessary to identify each location. 17

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