Loading...
Agenda 03/24/2020 Item #16E12 (COVID-19 FEMA Request for Reimbursement)03/24/2020 EXECUTIVE SUMMARY Recommendation to authorize the submittal of a Request for Public Assistance to secure the County as an eligible applicant for FEMA reimbursement of related expenditures tied to COVID- 19. OBJECTIVE: To ensure the County is eligible for FEMA Public Assistance related to COVID-19. CONSIDERATIONS: In order to be eligible for federal financial assistance in response to COVID-19, Collier County must be approved as an applicant by the Florida Division of Emergency Management. The application must be submitted by April 12, 2020. Once approved, Collier County is eligible to seek reimbursement for related expenses including labor, equipment, and materials in support of the emergency. Specific examples of eligible costs that may be reimbursed are set forth in the documents made back up to this item. All reimbursement activities will be coordinated by the Administrative Services Department. Prior to any reimbursement, a funding agreement will be required to be executed and as such will be presented to the Board for approval. FISCAL IMPACT: Approval of the request will enable Collier County to be reimbursed for eligible expenses (Emergency Protective Measures) associated with COVID-19. The County has begun the process of documenting all related expenses. Project number 50199 has been established. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: To authorize the electronic submittal of a Request for Public Assistance to secure the County as an eligible applicant for FEMA reimbursement of related expenditures tied to COVID-19. Prepared by: Michael Cox, Director - Operations Support, Administrative Services Department ATTACHMENT(S) 1. COVID-19 Category B Public Assistance for Govt. Entities (PDF) 2. COVID-19 RPA Guidance (PDF) 16.E.12 Packet Pg. 1115 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.12 Doc ID: 12048 Item Summary: Recommendation to authorize the electronic submittal of a Request for Public Assistance to secure the County as an eligible applicant for FEMA reimbursement of related expenditures tied to COVID-19. Meeting Date: 03/24/2020 Prepared by: Title: Manager - Technical Systems Operations – Administrative Services Department Name: Michael Cox 03/18/2020 8:56 AM Submitted by: Title: Department Head - Administrative Svc – Administrative Services Department Name: Len Price 03/18/2020 8:56 AM Approved By: Review: Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 03/18/2020 8:58 AM Grants Valerie Fleming Level 2 Grants Review Completed 03/18/2020 9:37 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/18/2020 10:08 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/18/2020 2:37 PM Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 03/18/2020 10:10 AM Grants MaryJo Brock Additional Reviewer Skipped 03/18/2020 2:25 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/18/2020 2:47 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/18/2020 3:22 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM 16.E.12 Packet Pg. 1116 Emergency protective measures conducted before, during, and after an event are eligible under Public Assistance as Category B expenses if the measures eliminate or lesson immediate threats to lives, public health, or safety. COVID-19 Category B Public Assistance COVID-19 Category B Public Assistance for Governmental Entitiesfor Governmental Entities Examples of • Transporting and pre-positioning equipment and other resources for response ⭕ Costs related to pre-positioning resources specifically for the declared incident are eligible if the resources are used in the performance of eligible Emergency Work. • Emergency Operation Center (EOC)-related costs ⭕ Increased utility costs ⭕ Costs to lease a facility ⭕ Meal costs ⭕ Supply costs ⭕ Sanitization Costs • Emergency access • Supplies and commodities • Medical care and transport Eligible Activities • Medical care and transport •Evacuation and sheltering, including that provided by an - other State or Tribal government • Childcare** • Safety inspections • Security, such as barricades, fencing, or law enforcement • Use or lease of temporary generators for facilities that provide essential community services • Dissemination of information to the public to provide warnings and guidance about health and safety hazards using various strategies, such as flyers, public service announcements, or newspaper campaigns ** FD EM is requesting disaster-specific guidance for child care eligibility and costs from FEMA. Program Eligible Costs for COVID-19 CDC Coronavirus Preparedness Act EMPA Public Assistance While we are not yet sure what the itemized listing of supplies and equipment will be eligible for this funding - this funding will most likely be limited to DOH costs. The only costs to bill to this grant will be straight-time/ the salaries charged. Overtime, Non-budgeted time staff time, EOC operations, i.e. meals, supplies and equipment. For more information - please see above. 16.E.12.a Packet Pg. 1117 Attachment: COVID-19 Category B Public Assistance for Govt. Entities (12048 : Request for Public Assistance (COVID 19)) Loss of Revenue FEMA cannot provide PA funding for revenue lost due to the event. Examples include: • Events are canceled as a result of an entity using a venue for incident-related activities; and • Loss of tax revenue • Hospitals release non-critical patients to make room for survivors • Hospitals sustain damage that reduces pre-existing capacity • States open a toll road for evacuation and do not charge a toll • States waive the normal fee for ferry service to encourage alternate transportation after an Incident • Events are canceled as a result of an entity using a venue for incident-related activities, such as sheltering • Straight Time (Regular Time) • For Non-essential employees, the following is typically non-eligible ⭕ Comp time ⭕ Overtime ⭕Fringe Benefits ⭕ Provision of food Provision of food for general public ■ Feeding programs operated by schools may be eligible under another federal program • School make-up days, including contracted costs for bus service for make-up days Examples ofIneligible Costs Costs that are Eligible Under O ther Federal Awards - FEMA is legally prohibited from duplicating benefits from other sources, such as from insurance or other federal awards. Public Assistance is funding of last resort. If the applicant receives funding from another source for the same work that FEMA funded, FEMA reduces the eligible cost or de-obligates funding to prevent a duplication of benefits. In addition to FEMA’s Public Assistance Program, there have been other federal programs authorized to provide assistance to states to address the COVID-19 outbreak. These non-FEMA sources include $8.8 billion to the CDC for preparedness and response activities. A Notice of Funding Availability is expected soon pursuant to this appropriation and the Florida Department of Health (DOH) will develop a spend plan to outline costs eligible for funding through the CDC. Typically when this type of funding is allocated, it is generally with the focus of Public Health for things like Epidemiology, surveillance, monitoring travelers, laboratory capacity, testing surge, case identification, lab equipment supplies and shipping, etc. Essentially for ramped up functions of the Public Health Departments (in this case the Florida Department of Health) so they can deal with the surge. FEMA’s duplication of benefits guidance requires that eligible activities funded through other federal sources should be claimed through those other programs, so long as funding is available. There is also the Emergency Management Preparedness and Assistance that is available for certain costs. Costs that can be charged to EMPA for COVD-19 response are limited to the salaries charged to that grant. No other costs are to be charged to EMPA, i.e. supplies, equipm ent, or overtim e. 16.E.12.a Packet Pg. 1118 Attachment: COVID-19 Category B Public Assistance for Govt. Entities (12048 : Request for Public Assistance (COVID 19)) Common Issues with Category B Reimbursement D ocum entation In past events, applicants have had difficulties in creating, maintaining, and providing all required documentation for Category B reimbursement. Documentation requirements vary between activities. Please see the enclosed for specific documentation requirements for common activities. The below three conditions are typical requirements for Category B expenses. • Tie the cost to an eligible activity • Properly document the activity (who, what, when, where, how much) • Legally responsible Policies The existence of certain policies is a requirement before an event. Such policies include • Payment Policy and • Procurement Policy Applicants must abide by these policies. The payment policy cannot state that overtime is allowed only when there is a Federal declaration. Payroll Tim e Keeping For any Category B expense- applicants must tie all costs to an eligible activity. This applies to the time claimed for staff per - forming an eligible Category B activity. Applicants must provide an activity log, comments, etc. that illustrates what employees were doing during the time claimed by the applicant. Those activity logs or comments need to show that the employees were performing eligible Category B activities, i.e. working in EOC responding, operating a generator, etc. Procurem ent Non-compliance with federal procurement requirements remains a leading cause nationwide of deobligations and eligibility issues related to costs. Limited circumstances exist under which there are exceptions to noncompetitive procurement require - ments. Relevant to this event is the exception that exists due to emergency or exigent circumstances. If circumstances are of such severity and magnitude that they prevent the undertaking of a procurement action, then strict adherence to these regu - lations is not required so long as the emergency or exigent circumstances exist. If the governmental entity is not going to use a competitive process to purchase goods and services, they need to document the reason and for emergency and exigency circumstances, the date those circumstances started and ended. 16.E.12.a Packet Pg. 1119 Attachment: COVID-19 Category B Public Assistance for Govt. Entities (12048 : Request for Public Assistance (COVID 19)) Emergency Protective Measures Conducted by Private Nonprofit Organizations For PNPs, eligible emergency protective measures are generally limited to activities associated with preventing damage to an eligible facility and its contents. Emergency services are usually the responsibility of State, Territorial, Tribal, or local governments. Therefore, PNPs are generally not legally responsible for those services and FEMA does not provide PA funding to PNPs for the costs associated with providing those services. When a PNP provides emergency services at the request of, and certified by, the legally responsible government entity, FEMA provides PA funding through that government entity as the eligible applicant. These services include: • Fire and rescue activities • Animal control • Emergency ambulance service for evacuation • 211 call services, if tracked and related to eligible work • Other similarly urgent governmental services For PNPs, operating costs are generally not eligible even if the services are emergency services, unless the PNP performs an emergency service at the request of and certified by the legally responsible government entity. In such case, FEMA provides PA funding through that government entity as the eligible applicant. The following are eligible under lim ited circum stances based on specific criteria described in each of the referenced sections: • Expenses related to operating a facility or providing an emergency service ⭕ The services are specifically related to eligible emergency actions to save lives or protect public health and safety or improved property; ■ Triage and medically necessary tests and ■ Diagnosis ■ Treatment, stabilization, and monitoring ■ First-aid assessment and provision of first aid ■ A one-time 30-day supply of prescriptions for acute conditions or to replace maintenance prescriptions ■ Vaccinations for survivors and emergency workers to prevent outbreaks of infectious and communicable diseases ■ Durable medical equipment ■ Consumable medical supplies ■ Temporary facilities, such as tents or portable buildings for treatment of survivors. ⭕ Meals are eligible PA expenses if: ■ Meals are required based on a labor policy or written agreement ■ Conditions constitute a level of severity that requires employees to work abnormal, extended work hours without a reasonable amount of time to provide for their own meals; ■ Food or water is not reasonably available for employees to purchase. ⭕ The costs are for a limited period based on the exigency of the circumstances; and ⭕ The Applicant tracks and documents the additional costs. • Temporary relocation of essential services, including safe rooms for schools 16.E.12.a Packet Pg. 1120 Attachment: COVID-19 Category B Public Assistance for Govt. Entities (12048 : Request for Public Assistance (COVID 19)) 1 of 8 Please see the step-by-step guide for completing your entity’s Request for Public Assistance. GENERAL GUIDANCE: Enter the www.FloridaPA.org website. The main page will appear. Click the “APPLY NOW” Banner 16.E.12.b Packet Pg. 1121 Attachment: COVID-19 RPA Guidance (12048 : Request for Public Assistance (COVID 19)) 2 of 8 The RPA Process Page will appear INSTRUCTIONS FOR NEW USERS: If you are a new user to www.FloridaPA.org, Click the “Click Here” link under the New User Header. 16.E.12.b Packet Pg. 1122 Attachment: COVID-19 RPA Guidance (12048 : Request for Public Assistance (COVID 19)) 3 of 8 The Registration Page will appear When you reach “Select User Type,” leave the selection for “I am a representative for an Applicant Organization” checked. Select “Create New Applicant Organization” from the dropdown select. This will populate a number of new required fields that will need to be completed. Enter your organization’s name, county, and classification. If your entity is a Private Non-Profit, please indicate using the drop down select. If you know your FEIN (Federal Identification Number) and DUNS (Data Universal Numbering System) numbers, please enter them before proceeding. If you are uncertain of these numbers, enter a placeholder and continue with the application. 16.E.12.b Packet Pg. 1123 Attachment: COVID-19 RPA Guidance (12048 : Request for Public Assistance (COVID 19)) 4 of 8 After you have entered the information from your organization, complete the fields under the “Mailing Address” header. In the “Reason for Requested Access” field, enter that you are a new user in www.FloridaPA.org and that you are filing your RPA. In the “Grant Number” field, use the dropdown to select the Grant Number for which you are applying for assistance. For COVID-19, click the Grant Number: EM-3432. In the “Position” field, select which title is most relevant to your work in www.FloridaPA.org. If you are the main person working in www.FloridaPA.org, “Primary” is a good choice. If you have signing authority for your organization in executing agreements, select “Authorized User.” For other users, please select either “Alternate” or “Other.” *Please note, there are no functional differences between these titles. These titles are used when FDEM contacts your entity for required documentation or other correspondence. Each account may have the following: 1 Authorized User, 1 Primary, 4 Alternates, and unlimited Other. After this is complete, you have successfully registered as a user in www.FloridaPA.org. Once approved, you will receive an email with your login details. Login to www.FloridaPA.org and submit a RPA as an existing user. 16.E.12.b Packet Pg. 1124 Attachment: COVID-19 RPA Guidance (12048 : Request for Public Assistance (COVID 19)) 5 of 8 All Applicants must obtain a DUNS and enter it in their RPA Applications. If you are a previous applicant, you may already have this number entered in www.FloridaPA.org. A DUNS number identifies your organization; it is how the Federal Government tracks grant funds. DUNS numbers are issued by Dunn and Bradstreet INC. To get a DUNS Number or confirm the correct DUNS Number, call (866) 705-5711. Once you have obtained a DUNS number, you must register with www.sam.gov; Registration with sam.gov is required. To register with SAM, go to www.sam.gov. Create a user ID and password to begin. If you have any issues or questions with this process, email RPA.help@em.myflorida.com. After your registration is complete, click “Register” at the bottom of the page. FDEM will review your information and set up an account for you and your organization. Within the next day, you will receive your login information in your email, your username will be the email you indicated on your registration. Once you receive this email, follow the prompts to login to your account. 16.E.12.b Packet Pg. 1125 Attachment: COVID-19 RPA Guidance (12048 : Request for Public Assistance (COVID 19)) 6 of 8 If you are an Existing User who has forgotten your password, click “Forgot Login” under the “Returning User Login” at the top of the www.FloridaPA.org main page. Enter your email address and click “Send Information.” You will receive an email to reset your password. INSTRUCTIONS FOR EXISTING USERS: Sign into your account on the www.FloridaPA.org main page. 16.E.12.b Packet Pg. 1126 Attachment: COVID-19 RPA Guidance (12048 : Request for Public Assistance (COVID 19)) 7 of 8 Click on the “Create New Request.” Select “New Public Assistance Request.” The Create New Request for Assistance page will appear. Select 3432 16.E.12.b Packet Pg. 1127 Attachment: COVID-19 RPA Guidance (12048 : Request for Public Assistance (COVID 19)) 8 of 8 For Private Non-Profit Organizations, you must submit supporting documenttion with your application. Follow the prompts given to you on the application and answer the questions to the best of your ability. FDEM will reach out to you regarding any furthe documentation requirements before submitting your application to FEMA. 16.E.12.b Packet Pg. 1128 Attachment: COVID-19 RPA Guidance (12048 : Request for Public Assistance (COVID 19))