Florida Emergency Management Division (DEM)

Reimbursement Guidelines for Mutual Aid Assisting Parties

Under the Statewide Mutual Aid Agreement (SMAA)

 

    The Statewide Mutual Aid Agreement (SMAA) supercedes other inter-local agreements during “major or catastrophic disasters” (usually evidenced by the Governor’s proclamation of a state of emergency, activation of the State EOC and the State Emergency Plan, and/or by Federal Declarations of Fire, Emergency, or Disaster).  The SMAA may also be applicable between participating parties in absence of an inter-local agreement during minor disasters.  Requests for assistance under the SMAA should be through the State EOC by mission assignment.  If the Requesting Party transmits the request directly to an Assisting Party, the State EOC should be advised of the request so that an EOC Mission Number can be assigned.  SMAA Assisting Parties may claim reimbursement of expenses from the SMAA Requesting Party consistent with the Federal Emergency Management Agency (FEMA) reimbursement guidelines; whether or not a Federal Declaration for disaster relief is applicable. (Note: All State Agencies, all Counties, and all but a few local governments are participants in SMAA. Also, other political subdivisions of the state such as School Districts, Water Management Districts, etc. are also eligible participants). In the event of a Federal Declaration (Disaster, Emergency, or Fire Suppression) for an affected Disaster area, the SMAA Requesting Parties from within the Declared disaster areas may seek FEMA reimbursement for eligible emergency response costs; including those costs claimed by their SMAA Assisting Parties. Further guidance for SMAA Assisting Parties for submitting SMAA claims for reimbursement from SMAA Requesting Parties is as follows:

1.        The SMAA Assisting Party (Claimant) should submit claim to the SMAA Requesting Party with a transmittal letter, or a completed SMAA Assisting Party Claim Narrative form, which clearly identifies the Requesting Party, and includes a brief narrative describing:

a.       the SMAA request including applicable State EOC Mission Number(s);

b.      the types of employees that responded (police, fire, public works, etc);

c.       the time frame of SMAA services provided;

d.      the SMAA services rendered as emergency protective measures for the public safety/health or for protection of improved property such as fire fighting, security, evacuation assistance, search and rescue, traffic control, law enforcement, emergency medical, etc; and,

e.       the Declared Disaster areas (County or City) in which the SMAA services were provided;

2.      A Total Actual Costs Summary (Work Completed To-date) which provides claimed expenses itemized in the following categories as applicable:

a.       Labor including the separate fringe benefits rates for regular time and overtime pay.

b.      Equipment at the FEMA Equipment Rates or established Claimant Rates if less that the FEMA Equipment Rate Schedule.

c.       Materials expended (stock supplies or purchased for the response).

d.      Contract Services in support of the emergency response.

e.       Rented Equipment utilized in the emergency response.

f.        Travel Costs (employee reimbursements, direct paid lodging, meals, misc. expenses).

3.      Separate itemized expense summaries for each of the above categories of cost as applicable:

a.       Labor Summary listing the personnel for regular and overtime hours worked each day, for a total number of hours, for cost to be extended at the appropriate regular time or overtime pay rate. The appropriate fringe benefit rate may be applied to the total regular time and the total overtime costs as per the Fringe Benefit Rate Determination Sheet.

b.      Equipment Summary listing the various units of claimant-owned equipment for the hours used each day for a total number of hours of use to be extended at the appropriate equipment rate.

c.       Materials Summary listing the consumed materials and supplies that were consumed by the Claimant in the emergency response operations whether inventory items or items purchased for the emergency at the quantities and unit prices extended for the materials consumed.

d.      Contract Summary listing each vender/contractor with a description of the services provided.

e.       Rental Equipment listing showing the rental period and the cost for each piece of rented equipment used in the emergency response.

f.        Travel Summary that lists travel costs reimbursed to each Claimant employee, or paid directly by the Claimant for transportation, meals, and/or lodging for Claimant personnel or volunteers.

4.      Further clarification of costs eligible for FEMA reimbursement are listed as follows:

Labor:   Actual costs for Regular Time pay and Overtime Pay is eligible. When it is necessary for a Claimant to backfill positions to maintain required minimum levels of protection for essential services of their own community, such extra-ordinary costs may be eligible when it is a direct result of responding to a Mutual Aid request. Firefighter pay for 24-hour days should be limited to actual pay as per pre-established Claimant personnel pay policy. Portal-to-Portal 24-hour pay should not be claimed unless such a pay policy or practice has been established by the Claimant; and is enforceable by employees. Otherwise, claims for pay should be based on actual regular time and actual overtime hours worked. If a Responder is claiming 24-hour pay, or portal-to-portal pay, but is waiting for reimbursements to pay the firefighter without pre-established policy or requirement, then the excess overtime may not be eligible by FEMA or State guidelines.

Benefits:  The typical claimed fringe benefits for both regular time and overtime gross pay are the percentages of gross pay for FICA/MICA, retirement, and workers compensation components.  Fringe benefits in percentages of gross pay for leave time earned; health, life, and disability insurance costs; and other costs are also eligible as applied to gross regular time pay; but not overtime pay.  If the Claimant uses the same fringe benefit percentage for both regular time pay and overtime pay, it should be indicated that they are only claiming the eligible fringe benefits common to both regular time and overtime gross pay (i.e. FICA/MICA, retirement, and workers compensation costs).

Equipment: The National FEMA Equipment Rate Schedule is available at the FEMA’s website (http:\\www.fema.gov) and on the DEM website. The appropriate FEMA cost code that matches the described unit of equipment should be listed on the itemized equipment summaries to coincide with the claimed hourly or mileage rate.  Mileage rates should be claimed, when listed, for all vehicles that are used primarily for transporting personnel.  Hourly rates for pickups ($7.50/hour) are acceptable when they are used for heavy-duty emergency response activities.  Hours of use of equipment should not exceed the actual time that labor is available to operate it. Even if 24-hour pay is eligible as claimed, manned equipment should not be claimed for 24 hours per day unless it is being used by different shifts and this is indicated on the summary forms.  Any equipment on standby, or used for less than four hours a day should be claimed for actual hours of use. Equipment used intermittently all day, or more than four hours a day, can be claimed for hours of personnel actually manning the equipment.  FEMA hourly or mileage rates should not be claimed for equipment on loan from the State or Federal government. However, in lieu of hourly rates, actual operating costs such as fuel and necessary maintenance/repairs can be claimed for this equipment.

Materials:   Fuel and routine maintenance costs should not be claimed for equipment use being reimbursed by equipment rates.  Any claimed fuel cost should include a notation that the fuel was not used in Claimant-owned equipment for which equipment rate reimbursement is being claimed. Fuel provided to others, or used for purposes other than in equipment that is being reimbursed at equipment rates, may be eligible. Materials for claimant-owned equipment repair, for necessary repairs due to extra-ordinary damages during emergency operations may be separately eligible as per FEMA Directive Policy Number 9525.8. Justifications should be provided, including the circumstances of the damages, with or on the Claimant’s Material Summary that the repairs were necessary due to unavoidable damages, other than routine maintenance, for use of the equipment beyond its intended purpose or design capabilities. Physical or mechanical damages due to necessary off-road use of equipment designed for on-road use and extra-ordinary damages caused emergency operations in the disaster environment (fire, flood, debris, etc) that are unavoidable and to the extent not covered by insurance could be examples of eligible repair costs.  Materials for repair of damages as a result of traffic accidents or mechanical failure while commuting to and from the disaster area assignments are not separately eligible as such costs are included in the equipment rate allowances and/or by insurance.

Contract Services: The same justifications for contracted equipment repairs would be necessary as described above in the Materials guidance for repair parts.  Contracted services for upgrading of equipment for immediate emergency response service in the disaster may also be eligible to be evaluated on a case-by-case basis. Other contract services that are necessary in the performance of the emergency work may also be eligible upon appropriate justification.

Travel:  Lodging, meals, and other necessary travel costs that are reimbursed in employee expense claims or paid directly by the claimant are eligible for SMAA reimbursement.  However, lodging and meals may be directly provided by Federal, State, and Local private or public agencies in the Disaster Area for SMAA Claimant personnel or volunteers.  Employee Per Diem claims should not be claimed for reimbursements when such costs are provided by others.

5.   All emergency response units of SMAA participating parties should obtain copies of the Statewide Mutual Aid Agreement from their governing bodies or their emergency management office and become familiar with its specific terms:  In particular, its provisions concerning, 1) the applicability and invocation of SMAA; 2) the responsibilities of Requesting and Assisting Parties; 3) the rendition of assistance; 4) the procedures and costs eligible for reimbursement; 5) the requirements for documentation;  6) protests of SMAA billing and arbitration of disputes under the agreement; and, 7) insurance and other general requirements regarding liability, responsibilities, obligations, and availability of State funding under SMAA.

 

Note:   The SMAA claim reimbursement procedure can be expedited if the above guidance is followed. The SMAA Claimant may utilize their own spreadsheets for expense summaries, may use the available forms (Expense Summaries, Narrative Claim Form, 24 Hr/day OT Certification, etc.) on the Bureau of Recovery & Mitigation’s website (http://www.dca.state.fl.us/brm) under "Publications," or may utilize the FEMA Expense Summary forms on "FEMA.gov website. The State Agency Public Assistance Coordinator, Charles Bartel, may be reached at (850) 414-7566 for further guidance or assistance.  It is not necessary to attach supporting documentation for the expense summaries such as time sheets, equipment logs, purchase orders, invoices, etc., unless and when requested. However, supporting documentation, upon which submitted expense summaries are based, should be kept on file by the SMAA Claimant for at least five years.

 

SMAA claims should be submitted directly to the Requesting Party.  SMAA claim submissions to the State, as SMAA requester, should be forwarded to the following address:

Joseph F. Myers, GAR

Attn: State Agency PAC, Charles Bartel

2555 Shumard Oak Boulevard

Tallahassee, FL 32399

 

SMAC claims addressed to the State as above may also be forwarded to the State Agency PAC, Charles Bartel, by E-mail to Charles.Bartel@dca.state.fl.us; or by FAX to (850) 487-2007.