Brothers and Sisters,
The following information was prepared by one of Matt O’Connor’s colleagues from Hinman Straub, who attended the webinar. We will pass along further information.
Samuel A. Fresina
President
NYSPFFA
Today, NYS DHSES held a webinar about applying for FEMA funding -- for your reference, below is a brief summary of the webinar’s key points, and a few webinar slides are attached as well. In addition, there will be more briefings that are NYS region-specific that are scheduled for the coming week: http://www.dhses.ny.gov/recovery/public/documents/Applicants%20Briefing%20Schedule%203-24-2020.pdf. NYS DHSES is working on developing its own guidance and has noted that FEMA is “a bit backed up” but is expected to publish additional information soon – updates will be posted here: http://www.dhses.ny.gov/recovery/public/active-declarations.cfm.
Federal Disaster Declaration and Public Assistance Applications for Coronavirus (FEMA DR-4480)
Request for Public Assistance (RPA) Form: http://www.dhses.ny.gov/recovery/public/documents/DR%204480%20RPA%20Packet.pdf
There are 4 tiers of eligibility – you must meet all 4 levels of eligibility criteria to receive FEMA funding: Applicant à Facility à Work à Costs
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- Eligible Applicants – see here for written guidelines: http://www.dhses.ny.gov/recovery/public/documents/DR%204480%20PNP%20RPA%20Packet%20-%20Private%20Not%20for%20Profit.pdf
- In addition to State agencies, private non-profits providing certain services are eligible applicants. There are two categories:
- Critical
- In addition to State agencies, private non-profits providing certain services are eligible applicants. There are two categories:
- Eligible Applicants – see here for written guidelines: http://www.dhses.ny.gov/recovery/public/documents/DR%204480%20PNP%20RPA%20Packet%20-%20Private%20Not%20for%20Profit.pdf
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- Nursing homes
- Laboratories
- Rehab centers that provide medical care
- Hospitals and emergency care facilities
- Fire / rescue emergency services
- Educational facilities (public or private), including colleges
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- Essential / Non-Critical
- Community centers
- Child care facilities
- Food assistance programs
- Performing arts facilities
- Senior citizen centers
- Homeless shelters
- House of worship
- FOR-PROFIT enterprises are NOT eligible under this FEMA program – the presenters were not sure about for other disaster recovery programs, but this one operating under the Stafford Act does not generally allow for for-profit entities to participate.
- Essential / Non-Critical
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- Eligible Facilities
- Must have a physical facility – you may be providing services, but the eligible entity must own or operate a facility providing the eligible service
- Eligible Work
- Must have been completed after Jan 20, 2020
- The presenters stated that there is no end date announced yet, but it seems a temporary 6 month deadline (Sept 20, 2020) has been put in place for this first round of applications.
- Must constitute Category B “Emergency Protective Measures”
- Examples for Covid-19
- Virus testing
- Medical supplies and equipment
- Shelters or emergency care
- Provision of food, water, ice, and other essential needs
- EOC operations
- Security for temporary facilities
- Other measures
- Examples for Covid-19
- Must have been completed after Jan 20, 2020
- Eligible Costs
- Labor
- Both permanent and temporary hires for pandemic
- Equipment (eg, vehicles)
- Owned or leased
- FEMA has published reimbursement rates but local rates can be used if established (whichever you pick, must be consistent across all projects)
- Materials
- Donated resources (labor, equipment, materials)
- Labor
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Public assistance process
- There is no deadline for RPA submissions – submit to NYS DHSES as soon as possible so they can review and forward onto FEMA asap
- Expedited process
- First step is doing these briefings
- Next steps
- Create account in the portal
- If you don’t have one already, you need to have DHSES create one for you – send the list of info to DHSES and wait for log-in info.
- NYS DHSES is available to assist with the portal
- Submit your application to Patricia Debboli at NYS DHSES and she will submit your submission to FEMA for you – this is to ensure your submission is actually complete and you don’t screw it up – agencies have been previously denied for failing to meet the very strict documentation requirements.
- Create account in the portal
- NYS DHESES has specialists on staff to help you figure out your eligible project costs and any other questions you might have – including specialists in subject areas regarding schools and hospitals
- Must be at least $3k minimum to qualify
- NYS is a “pass through” state and FEMA is the “payer of last resort”
Key takeaway: Full documentation is key throughout! You must be able to support all $ numbers and maintain recordkeeping before, during, and after. Begin capturing costs you have already incurred / are incurring! Costs must be “reasonable and necessary under the circumstances” and documentation is critical to proving this.
Procurement / Contracts
- Must comply with all federal, state, and local procurement requirements
- MWBE businesses are actively being solicited
- All contracts will be reviewed by both FEMA and NYS
- Accepting both “Lump Sum” and “Time & Materials” contracts
- Contracts that incentivize taking longer amount of time to perform are not eligible
- Contracts that are contingent upon FEMA reimbursement are not eligible
Numerous supporting documents were mailed to all Local Board members
