• Oil & Gas

• Power

• Water Resources

• Industrial & Commercial

• Solid Waste (Green Group Holdings)

• Disaster Management

Company Profile – Phillips & Jordan, Inc. Key Markets

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APWA-NC Solid Waste Division Annual

ConferenceAugust 11, 2016

Atlantic Beach, NC

Organizational Considerations(Who are the players)

Was the event significant enough to trigger a Presidential Declaration and FEMA Public Assistance grant opportunities?

Treat every event as if was going to be a Presidential Declaration

“Manage to day 101 not day 1”

The First Post Event Consideration

0000-DR-NC

Declaration Date00/00/2016

Incident Period00/00/2016 – 00/00/2016

Disaster Documentation (When and where do I start?)

Supplemental financial assistance to local governments for response and recovery activities required as a result of a

“Presidential Declared” disaster.

Funding is cost shared at a federal share of no less than 75% of eligible costs.

Your cost share will be a maximum of 25% of eligible cost

Public Assistance

• FEMA – manages the program, provides technical assistance, approves grants

• State Government – educates applicants, works with FEMA to manage the program, implements and monitors grants awarded

• Local Government – identifies damage, provides documentation, manages funded projects.

The P.A. Program is a Partnership

• Public Assistance Officer (PAO) – responsible for the entire P.A. Program. The only one of this staff who has authority to rule on eligibility!

• Public Assistance Crew Leader (PACL) – works with applicant to ensure projects are developed and processed efficiently.

• Project Specialist – has a defined area of expertise of on site observation and inspection. Reports to PACL

P.A. Program Staff

•State Agencies

•Counties

•Cities / Towns / Villages

•Other State Political Subdivisions, i.e. B.O.E.

•Native American Tribes or Tribal Organizations

•Certain Private Non-Profit Organizations

Eligible Applicant? (If you’re here you are probably an “Eligible Applicant”)

•Recipient – the State is responsible for administering P.A. grants. (Also referred to as the applicant)

•Sub-recipient – an eligible applicant that receives P.A. funding (local governments). (Also referred to as the sub-applicant)

•Pass-through Entity – means a non-Federal entity that provides a sub-award to a sub-recipient to carry out part of a Federal program. NOTE: many States and State Administrative Agencies will be considered “pass-through entities” under the new regulation i.e. NCDOT.

Applicants (Terminology)

• Must be damaged as a result of a declared event.

• Located within the area declared by the Presidential Declaration.

• The legal responsibility of an eligible Applicant and in active use at the time of the disaster.

• Not under the authority of another federal agency. (No Federal Parks, US Forest Service, National Monuments or waterways under USACE jurisdictional authority)

Facility & Work Eligibility

FY 2016 Public Assistance Disaster Relief Threshold for State/County

Adjusted for 2010 Census Data

State/County Population Per Capita Total

North Carolina 9,535,483 $1.41 $13,445,031

*Wake 900,993 $3.56 $3,207,535

*Tyrrell 4,407 $3.56 $15,689

*Total of all counties must equal North Carolina State threshold

FY 2015 Public Assistance Disaster Relief Threshold for State/CountyNote: According to FEMA’s historical cost data, 65% of the total

cost of a Declared Disaster is attributed to managing debris.

Based on that metric: If the amount of your Initial Damage

Assessment (IDA) for debris exceeds the following amount, you

would likely reach the threshold for a Federal Disaster Declaration.

Wake County = $2,084,899 (65% of threshold)

Tyrrell County = $10,198 (65% of threshold)

FY 2016 Public Assistance Disaster Relief Threshold for County

Tyrell County: County Threshold = $15,689 65% of total threshold (debris removal) = $10,198 divided by $8.00 CY = 1,275 CYAverage single payload of 35 CY per truck, means that 36 truckloads of debris should be enough to trigger a Federal Declaration.

Wake County:County Threshold = $3,207,53565% of total threshold (debris removal) = $2,084,899 divided by $8.00 CY = 260,612 CYAverage single payload of 35 CY per truck, means that 7,446 truckloads of debris should be enough to trigger a Federal Declaration.

The Public Assistance Process

DisasterEvent

JPDA Governor’sRequest Declaration

Applicants’Briefing

Submissionof Request

Kick-offMeeting

Formulationof Projects

ProjectReview

Approval

FundingRecipientSub-Recipient

Actual or anticipated insurance proceeds will be deducted from the eligible project costs for facilities that are insured.

No Duplication Of Benefits is Allowed!

Duplication of Benefits is currently the second most frequent reason for deobligation of FEMA PA grant funds

Insurance

•Form used to document the scope of work and cost estimate for a project.

•Supplies FEMA with the information necessary to approve the scope of work and fund the project.

Project Worksheet (PW)(Your estimated scope and cost for the project)

• Applicant provides list of damages to the PACL at the Kick-off meeting.

• Eligibility of damage is determined.• Special considerations are discussed.• Appropriate documentation is provided by the applicant and

reviewed.• The PW is written and submitted for approval.• The PW is reviewed and approved by the applicant, State

and FEMA

Life of a Project Worksheet(This process is not going to happen fast friends!)

• Funds are “obligated” by FEMA to the State based on the approved PW.

• Funds are drawn by the State (Recipient) and paid to the Applicant (Sub-recipient) based on approved actual or estimated costs.

(Don’t expect your reimbursement within 90 days)

Life of a Project Worksheet

• When the project is complete, a final inspection and review of a large project is conducted.

• 15% of total funds are retained pending project close-out

• The project is closed.

• Upon request, applicant is eligible to receive all remaining funds associated with the specific closed out project

• Documentation is maintained by Applicant

Life of a Project Worksheet

• Applicants are required to maintain complete and accurate documentation, byproject, for all disaster-related costs.

• Documentation must be maintained a minimum of three years after receiving a disaster close-out letter from the state.

Record Keeping

Categories of Work

Emergency WorkA. Debris RemovalB. Emergency Protective Measures

Permanent WorkC. Roads and Bridge WorkD. Water Control FacilitiesE. Public Buildings / EquipmentF. Public UtilitiesG. Other (Parks, Recreation, etc.)

•Clearance, removal, and/or disposal of items such as trees, building components, etc.

•Must eliminate immediate threat to lives, health and safety, and improved public and private property.

•Must ensure the economic recovery of the community.

Category A – Debris Removal

Actions taken by Applicants before, during, and after a disaster to save lives, protect public health and safety, and prevent damage to improved property. Actions Include:

• Search and rescue• Warning devices (such as barricades)• Emergency Operations Center (EOC) activation

Category B – Emergency Protective Measures(Where most local governments don’t capture cost data to support their PW)

Category C - Road Systems•ROADS-Road Surface-Bases-Shoulders-Ditches

• BRIDGES-Decking-Abutments-Wing Walls-Approaches

DRAINAGE STRUCTURES-Culverts-Cross Drains

Category D - Water Control Facilities

Facilities built for the following purposes:

•Pumping•Drainage•Irrigation

Category E - Buildings/Equipment

•BUILDINGS- 50% Rule- Codes/Standards- Equipment- Vehicles- Supplies

DEDUCT INSURANCE AND SALVAGE

Repair or Replace to pre-disaster design or function:

•Power generation and distribution centers•Water and Sewer Treatment plants•Telecommunication systems

Category F- Utilities

•Playgrounds•Swimming Pools•Ballparks•Other public facilities not listed in other categories

Category G- Parks/Recreational/Other

Eligible Costs

Must:

• Be reasonable to accomplish the eligible work

• Comply with federal, state, and local laws and regulations

• Include deductions of insurance proceeds & salvage value

Recent Changes and Implementation of Federal Disaster Aid Programs • Sandy Recovery Improvement Act of 2013• Robert T. Stafford Act as Amended April 2013 • FEMA Public Assistance Program • Federal Highway Administration Emergency Relief Program

(MAP-21) (No more 100% reimbursement from FHWA)• Super Circular 2 (2 C.F.R.)

Sandy Recovery Improvement Act

• Reduce the cost of federal government assistance • Increase the administrative flexibility of the FEMA Public

Assistance program • Expedite the process of providing and using the

assistance • Create incentives for applicants to complete projects in

a timely and cost-effective manner

Debris Removal Work – Days from Incident Period Federal Cost Share

0-30 Days 85%

31-90 Days 80%

91-180 Days 75%

Federal Dollars will NOT be provided for debris removal after 180 days (unless extension is granted)

FEMA Public Assistance ProgramAlternative Procedures (Optional)

• Accelerated debris removal – Increased Federal cost share (sliding scale) • Applicants retain Recycling revenues • Reimbursement of straight time and over time force account labor costs for

debris removal

• New Arbitration process for dispute resolution• Debris management plans

Purpose to Define

Situation and Event

description

Roles and responsibilities

Concept of operations

Training and exercise

Debris Management Plans

Debris Management PlansSome Specific Requirements

“The debris management activities which may be accomplished with contracted resources and the process for procuring and managing

those contracted resources should be identified in the debris management plan.”

• Identify priority roads. • Identify debris management site

locations. • Develop final disposal plan. • Provide annual training, exercises,

and updates. ONE TIME 2% added reimbursement for work completed in the first 90 days when you have a 

FEMA pre‐approved plan while utilizing the Alternative Procedures Program

Project Completion Deadlines

Time limits for all projects begin the date of the disaster declaration

•Emergency work – 6 months•Permanent work – 18 months

Upon Applicant’s request, the FEMA Regional Director may increase these time extensions on a case-by-case

basis.

Unless an extension is granted, no work past the original project date will be funded!

Public Assistance Summary

•The Public Assistance Program assists in the restoration of

community infrastructure.

• It is a supplemental cost reimbursement program with specific

eligibility requirements.

•The FEMA share of eligible costs will be awarded to the State for disbursement to the applicant.

44 C.F.R. § 13.36(b)(5); Encouraging Intergovernmental Agreements

To foster “greater economy and efficiency,” the regulation encourages grantees and subgrantees to enter into “State and local intergovernmental agreements for procurement or use of common goods and services.”

FEMA is encouraging jurisdictions to collaborate in joint procurements (or a “cooperative procurement”) for goods and services where economies of scale would result in savings or using purchasing schedules or contracts.

Cooperative Purchasing Agreements

FEMA has generally interpreted this regulation as encouraging jurisdictions to collaborate in joint procurements (or a “cooperative procurement”) for goods and services where economies of scale would result in savings or using purchasing schedules or contracts.

Intergovernmental Agreements

• Competitive bidding procedures• Clear and definitive scope• Require references, licenses, financial records, insurance• Review by your legal counsel for compliance (44CFR, 2

CFR)• Document procurement procedures• Load tick or ADMS for documentation• Unit price based contract

Contracting Process Checklist

• Time and Materials contract for first 70 hours post event only• Payment to the contractor only for FEMA determined eligible

debris• Regularly submitted invoices, minimum every 30 days• Termination for Convenience Clause• Performance period expectations• Require safe working environment and industry standard

safety compliance

Contracting Process Checklist

A bid guarantee equal to 5% of the bid price to ensure that post bid selection that the successful bidder will enter into a binding agreement for the work.

Bid Guarantee (44 C.F.R. § 13.36(h)(1)) “In the case where the contractor is awarded the contract but fails to enter into the contract, as agreed, then the purpose of the guarantee is to provide financial protection to the subgrantee by paying the difference between the contractor’s offer and the next closest offer.”

Contracting Process Checklist

A performance bond to secure fulfillment of the contractor’s obligations for 100% of the contract price

A 100% payment bond to assure payment as required by law of all persons supplying labor and materials in performance of work specified in the contract.

Bonding Requirements

The most frequent procurement procedure sited by the Office of Inspector General (OIG) resulting in deobligation of FEMA Public Assistance Grant money:

“Did not take specific affirmative steps to ensure the use of disadvantaged firms when possible;”

$214,000 deobligated from 2013 - 2014

Contracting Process Checklist

• Readiness & Responsiveness

• Debris Management Planning Assistance

• Client Training & Continuing Education Improvement

• Participation in Exercises, if Requested

• Community Relations Program Assistance

• DMS Site Identification Assistance

• USACE Debris Estimate Model-Based Projections and Planning Support

• Coordination with Debris Monitoring Firm

“Blue Sky” Services

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Post Award and Pre-Event

CoordinationPredictable Event

Identified

Communication with County,

Monitoring Firm, and Contractors

Pre-Position of Resources

(Personnel and Equipment)

Event Impact

Initial Damage Assessment

Determination of Resources

Emergency Roadway Clearance Operations

End of 70-Hour Clearance Period

Debris Management Site

Preparation

Transition to Debris Removal

Operations

Debris Disposal and Reduction

Strategy

Debris Management Site Operations Begin

Execute Final Disposal Plan

Debris Management Site

Close-Out and Restoration

Approach to Contract ActivationProject Operational Process

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• Project Management Structure• Geographical Area Management• Daily Planning Meetings & Operations Reports• Subcontractor Procedures• Quality Control Programs• Documentation & Administrative Procedures• Debris Eligibility• Safety & Environmental Compliance• Claims Management

Approach to Contract ActivationOperational Plan

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• Site Selection

• Site-Specific Operations Plan and Safety Plan

• Reduction and Disposal Considerations

• Inspection Tower Construction

• Environmental Assessment

• Site Closure and Restoration

Approach to Contract ActivationDMS Management Plan

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“Keep the debris stream that must be placed into a lined landfill to an absolute minimum.”

Thank you for your time and participation.

Can I answer any questions?

Wayne Floyd, Director of Disaster Services Mobile: (919) 369-4685 | Email: wfloyd@pandj.com

Thank you!

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