DISASTER RECOVERY AND ASSISTANCE PANEL DISCUSSION74TH STATE CONTROLLER’S ANNUAL CONFERENCE WITH COUNTY AUDITORS

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PANEL MEMBERS:

County Perspective:

» Tracy A. Schulze, CPA

Auditor-Controller

County of Napa

» Junelyn Segui

Manager, Accounting

Ventura County Sheriff ’s Office

State Perspective:

» Robbie Larsen

Program Manager II, Deputy Public Assistance Officer

California Governor’s Office of Emergency Services

» Mary Wilshire

Staff Services Manager III, Recovery Administration Branch Chief

California Governor’s Office of Emergency Services

Federal Perspective:

» John Pearl

FEMA Region 9 Recovery Closeout Branch Chief

Federal Emergency Management Agency (FEMA)

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WE WILL DISCUSS:

County Perspective Disaster Declaration, County Preparation, Best Practices, Mutual Aid Agreements, and

more

State Perspective Disaster Declaration, Role of CalOES, Impacts to the Counties, Response and Aid

Federal Perspective Disaster Declaration, Role of FEMA, Impact to the Counties, Response and Aid

The Closeout Process Additional Information and Resources Questions 3

DECLARING A DISASTER – COUNTY LEVEL

What does the Local Government Do?

Activate the EOC and notify the Operational Area of the local proclamation as soon as possible (Standardized Emergency Management System GC 8607)

Resolution to the Board:1. Declaring a local emergency - within 10 days after the actual occurrence of a disaster if assistance will be

requested through California Disaster Assistance Act (CDAA) (GC 8685.2)

2. Establishing appropriation authority – must be ratified by governing body within 7 days GC 8630(a)

3. Allowing emergency procurement procedures??

4. Must ratify every 30 days GC 8630(c) Termination as conditions warrant as earliest date possible.

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BE PREPARED - BEST PRACTICESAccounting Practices and Documentation begins now!

1. Establish a separate GL structure, determine your activities immediately

2. Communicate your personnel policy regarding compensation for disaster workers (Note: this policy should be established before any emergency and reviewed against all state and federal codes for consistent application).

3. Be the Finance Chief in the County EOC Finance Section, establish relationships with all other sections

a. Establish (and reconcile daily) sign-in/sign-out sheets and protocols

b. Track costs, ICS Form 213 - ordering of resources, supplies, all purchases

c. Track costs, ICS Form 214 - personnel time and County equipment assignments

d. Track all donations, including volunteer hours, equipment, meals and supplies

4. Procurement rules - Obtain 3 quotes as much as possible (much more on this to follow)

5. Use of Purchasing Card, very strict protocol on who gets to actually make purchases 5

EXAMPLE OF GL STRUCTURE – NAPAGeneral Ledger Chartfields:

Fund – 1000 General FundDivision – 10580 Declared Emergencies

Sub-division – 1058001 2014 EarthquakePrograms: Each building had its own unique program, with subsets for emergency response, tenant

relocation, contents replacement and permanent repairsEach road mile marker had its own unique programEach bridge and culvert had its own unique program

Sub-division – 1058002 2015 Valley FireSub-division – 1058003 2017 Napa Fire Complex

Programs: Each designated fire was it’s own program

Project Costing CodesBusiness unit – CWIDE (for all county departments to use)Project = Program code from above GL structureActivity – try to match FEMA categories (Admin, EOC, Law Enforcement, Animal Evacuation, Shelter, Safety Inspection,

LAC, Debris Removal)Funding Source – FederalFunding Sub-Category – FEMA, CalOES

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EMERGENCY RESPONSE

Continuity of Operations – How are you going to provide the following services if your County infrastructure is down or evacuated? Payroll – have a disaster plan, redundant system

C-IV – have an alternate location set up

Accounts Payable – have an alternate location set up

Fire and Law Enforcement – mutual aid agreements

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MUTUAL AID AGREEMENTS

Sheriff/Police Departments – Law Enforcement Mutual Aid Plan

Fire Departments – California Fire Service and Rescue Emergency Mutual Aid Plan

Emergency Medical Services/Ambulances – California Medical Mutual Aid Plan

Inspectors – California Building Officials Safety Assessment Program(SAP) Mutual Aid Guide

Coroners – State of California Coroners’ Mutual Aid Plan

Emergency Managers/Animal Services – State of California Emergency Management Mutual Aid Plan

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EMERGENCY RECOVERY Review every 213 and 214 for full documentation and matching documents

• For every 213, do you have an invoice and is it coded correctly?

• Do the time sheets reflect what is on the 214’s? What is in the GL?

Reconcile FEMA/CalOES claims with what is in the GL

• Have a system where you coordinate with the Sheriff, Public Works, Emergency Management Office to have a pre-audit completed by the Auditor-Controller’s Department and ensure all the costs are eligible, listed, and can be reported within your general ledger system

Have a tracking system for when the funds come in – CAN BE VERY COMPLICATED!

• Federal and State portion, 10% admin/10% retention

• Advance (small projects) vs Full Reimbursement (large projects)

Restrict all funds received until Audit has been completed (the Napa way)

Any project revisions need to be approved by FEMA/CalOES prior to implementation.

Be part of the Recovery - Finance Task Force of your county.

Identify and pursue other grant and loan programs to aid in financing recovery activities. 9

RECOVERY TASK FORCE STRUCTURE

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CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICESSTATE LEVEL PERSPECTIVE

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DECLARING A DISASTER – STATE LEVEL

Notification Process (SEMS GC 8607)

Operational Area OA shall notify Cal OES and provide a copy of the proclamation as soon as possible.

Cal OES Region will ensure notification to the Cal OES Director and Deputy Directors, and shall be the primary contact between the Cal OES Director, OA, and the local jurisdiction for updates on any requests for assistance.

Cal OES Director will respond in writing to the local government concerning the status of any requests for assistance included within the local proclamation or accompanying letter.

California Disaster Assistance Act (CDAA)

Public Assistance (Robert T. Stafford Disaster Relief and Emergency Assistance Act)

Fire Management Assistance Grant (FMAG)

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ROLE OF CAL OES – RECOVERY DIVISION

Ensures state and federal support are provided in an efficient and timely manner throughout the recovery process.

Acts as the grantee for federally funded disaster assistance programs, as grantor for the state CDAA program, and coordinates recovery assistance. Public Assistant Grant assistance for response costs, debris removal and funding to restore public

infrastructure. CDAA Grant assistance for restoration of public infrastructure only.

Provides technical support to reduce the costs and streamline the process of recovery efforts.

Ensures proposed recovery projects are reviewed for environmental concerns and historical preservation activities are considered.

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CAL OES – RECOVERY SUPPORT OVERVIEW

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FEDERAL EMERGENCY AND MANAGEMENT SERVICESREGION IXFEDERAL PERSPECTIVE

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DECLARING A DISASTER – FEDERAL LEVEL

FEMA REGION IX

A culturally diverse population in excess of 47 million people

Spans eight time zones covering 399,000 square miles

Four states, three territories, two associated states, and 150+ federally recognized tribes

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DECLARING A DISASTER – FEDERAL LEVEL

DISASTER DECLARATION PROCESS

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DECLARING A DISASTER – FEDERAL LEVEL

INDIVIDUAL ASSISTANCE

Housing and other needs assistance

Crisis counseling Disaster-related

unemployment assistance Legal services Low-interest loans from the

Small Business Administration

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DECLARING A DISASTER – FEDERAL LEVEL

PUBLIC ASSISTANCE Federal assistance to state or local

governments and eligible non-profit organizations

Emergency protective measures and debris removal

Repair, restoration or reconstruction of disaster-damaged public facilities and infrastructure

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DECLARING A DISASTER – FEDERAL LEVEL

CONTINUUM OF RECOVERY

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DECLARING A DISASTER – FEDERAL LEVEL

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FIRE MANAGEMENT ASSISTANCE GRANT (FMAG) PROGRAM

Federal75%

Non-Federal

25%

Authorities and Funding Stafford Act Section 420 44 CFR Part 204 2 CFR Part 200 FEMA P-954 Disaster Relief Funds

ROLE OF FEMA

CHALLENGES - DISASTER FINANCIAL MANAGEMENT Good news…there are many government and private sector/nonprofit resources and programs

that aid jurisdictions to respond and recover.

But…

Navigating the various eligibility requirements and applications process – many of which change frequently – is challenging.

Improper financial management and program operations often lead to audits, de-obligation of funding, or other legal repercussions.

Example Issues Incomplete Paperwork Missing documentation Misunderstanding of eligibility Misunderstanding of program rules Improper management of funds Inability to apply for and manage grants

Example Impacts Delayed funding Delayed cost reimbursement Audits requiring payback of funds Inability to access critical funding

streams22

ROLE OF FEMA

SKILLS AND CAPABILITIES

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ROLE OF FEMA

PROCUREMENT NON-COMPLIANCE IS COSTLY

Negative findings are projected to reach over $140M by the end of

FY 2019

Very Frequent

Not Very Frequent

Procurement non-compliance has shown up in audits

consistently since FY 2009

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ROLE OF FEMA

PROCUREMENT RULES 2 C.F.R. §§ 200.317 – 326

Procurements by States317General Procurement Standards318Competition319Procurement Methods320Socio-Economic Contracting321Recovered Materials322Contract Cost or Price323Review of Procurements324Bonding Requirements325Contract Provisions326

Ob

ject

ives

Reasonable Cost

Other Policy Goals

$

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PROCUREMENT TOOLS

Procurement Rules Online www.ecfr.gov

2 C.F.R. §§ 200.317-326

FEMA Public Assistance Program and Policy Guide (PAPPG)

https://www.fema.gov/media-library-data/1525468328389-4a038bbef9081cd7dfe7538e7751aa9c/PAPPG_3.1_508_FINAL_5-4-2018.pdf www.SAM.gov

PDAT Websitewww.fema.gov/procu

rement-disaster-assistance-team

• PDAT Resources• Contract Provisions

Template

• Webinar Series

• Field Manual

• Brochure

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THE CLOSEOUT PROCESSCOUNTY, STATE, AND FEDERAL PERSPECTIVE

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DOCUMENT RETENTION, AUDITS, AND MORE

New Regulation – OIG has 3 years from the close out of each claim to complete an audit…however, our advice is to NEVER destroy documentation, and have both in electronic and paper form

Make sure you have all your mutual aid agreements completed and full documentation of all costs

Majority of the audit findings are regarding Procurement processes

Hundreds of Audit Reports from OIG, with the majority clawing back FEMA dollars YEARS after the events

2CFR 200 (Code of Federal Regulations) and FEMA Public Assistance Guide are your BIBLEs!

All of the above documentation will support the closeout process for the state and federal

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QUESTIONS

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ADDITIONAL INFORMATION & RESOURCESCOUNTY, STATE, AND FEDERAL

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AUTHORITY Definition of Local Emergency: “[T]he duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat . . .” (California Government Code (Govt. Code) section 8558 (c)).

Purpose (Govt. Code sections 8625 and 8634):

Authorizes the promulgation of orders and regulations necessary to protect life and property (e.g., special purchasing or emergency contracting).

Describes the circumstances that exist that may support the need for issuance of a State of Emergency Proclamation and/or Executive Order.

Supports request for a Director’s Concurrence, Governor’s Proclamation of a State of Emergency, Executive Order, California Disaster Assistance Act (CDAA) funding, and/or a Presidential Declaration of an Emergency or Major Disaster.*

*Please note: When a local government requests a Gubernatorial State of Emergency Proclamation, Director’s Concurrence, and/or California Disaster Assistance Act funding, local government should provide information describing local response efforts and identify the specific type and extent of state emergency assistance needed, including regulatory waivers necessary to facilitate the protection of life and property during response efforts.

A local emergency proclamation and/or Governor’s proclamation is not a prerequisite for mutual aid assistance, Red Cross assistance, the federal Fire Management Assistance Grant Program, or disaster loan programs designated by the U.S. Small Business Administration or the U.S. Department of Agriculture.

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REGIONAL RISKS

American SamoaCalifornia

CNMIGuamHawaiiNevada

Earthquakes /Tsunamis

American SamoaArizona

CaliforniaCNMIGuamHawaiiNevada

Man-Made Disasters

Wildfires

ArizonaCalifornia

CNMIGuamHawaiiNevada

Hurricanes /Typhoons

American SamoaCalifornia

CNMIGuamHawaii

Floods Landslides/Mudslides

American SamoaArizona

CaliforniaCNMIGuamHawaiiNevada

Volcanoes

ArizonaCalifornia

HawaiiNevadaCNMI

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DECLARING A DISASTER – FEDERAL LEVEL

LOCAL

FEMA

STATE/TRIBAL NATION

ACTIVATE LOCAL EM OPERATIONS

ACTIVATE STATE RESOURCES AND EM OPERATIONS

DEPLOYS LIAISON/IMAT & ESTABLISHES COMMUNICATION W/STATE

INCIDENT 33

LEVELS OF DISASTER ASSISTANCE Director’s Concurrence: Purpose: CDAA authorizes the Cal OES Director, at his or her discretion, to provide financial assistance to repair and restore

damaged public facilities and infrastructure. Deadline: Cal OES must receive a request from local government within 10 days after the actual occurrence of a disaster (Govt. Code section 8685.2). Supporting Information: Local Emergency Proclamation, Initial Damage Estimate (IDE), and request from the City Mayor or Administrative Officer, or County Board of Supervisors.

Governor’s Proclamation of State of Emergency: Purpose: Provides the Governor with powers authorized by the Emergency Services Act; may authorize the Cal OES Director to provide financial relief under the California Disaster Assistance Act for emergency actions, restoration of public facilities and infrastructure, and hazard mitigation; is a prerequisite when requesting federal declaration of a major disaster or emergency. Deadline: Cal OES must receive a request from local government within 10 days after the actual occurrence of a disaster (Govt. Code section 8685.2). Supporting Information: Local Emergency Proclamation, IDE provided, and a request from the City Mayor or Administrative Officer, or County Board of Supervisors.

Presidential Declaration of an Emergency: Purpose: Supports response activities of the federal, state and local government; authorizes federal agencies to provide “essential” assistance including debris removal, temporary housing and the distribution of medicine, food, and other consumable supplies. Deadline: Governor must request on behalf of local government within 5 days after the need for federal emergency assistance becomes apparent, but no longer than 30 days after the occurrence of the incident (Title 44 of the Code of Federal Regulations (44 CFR) section 206.35(a)). Supporting Information: All of the supporting information required above and a Governor’s Proclamation, certification by the Governor that the effective response is beyond the capability of the state, confirmation that the Governor has executed the state’s emergency plan, information describing the state and local efforts, and identification of the specific type and extent of federal emergency assistance needed.

Presidential Declaration of a Major Disaster: Purpose: Supports response and recovery activities of the federal, state, and local government and disaster relief organizations; authorizes implementation of some or all federal recovery programs including public assistance, individual assistance and hazard mitigation. Deadline: Governor must request federal declaration of a major disaster within 30 days of the occurrence of the incident (44 CFR section 206.36(a)). Supporting Information: All of the supporting information required above, a Governor’s Proclamation, certification by the Governor that the effective response is beyond the capability of the state, confirmation that the Governor has executed the state’s emergency plan, and identification of the specific type and extent of federal aid required.

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DECLARING A DISASTER – FEDERAL LEVEL

The Fire Management Assistance Grant (FMAG) program was authorized by the Disaster Mitigation Act of 2000 and provides for the mitigation, management, and control of fires that threaten such destruction as would constitute a major disaster. The purpose of FMAG is to provide supplemental federal assistance to states and local government to fight fires burning on public (non-federal) or privately owned forest or grassland.

Local or State fire agency must request an FMAG through the Cal OES Fire and Rescue Branch or the California State Warning Center (CSWC) while the fire is burning uncontrolled. There are four criteria used to evaluate the threat posed by a fire or fire complex:

Threat to lives and improved property, including threats to critical facilities/infrastructure, and critical watershed areas;

Availability of State and local firefighting resources;

High fire danger conditions, as indicated by nationally accepted indices such as the National Fire Danger Ratings System;

Potential major economic impact.

The State requests the FMAG to FEMA for approval. 35