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Covid Claim-2020ELIGIBILITY DETERMINATION MEMORANDUM City of Blair FEMA-4521-DR-NE PA ID 177-05350-00 Applicant ❑ State Agency © Local Government ❑ Tribe ❑ Private Nonprofit type Grants Manager: Only fill out this section tf the EMMIE: Only fill ont this section if the project project is in Grants Manager. worksheet is in EMMIE. Project No. 162082 EMMIE Project Worksheet No. Version No. 0 Version No. EMMIE Project $ Damage 419464 Cost Total Amount $ Inventory No. Obligated Project Title: COVID Expenses ❑ Large Category of B —Emergency Protective Project Size ❑X Small (Potentially subject to Work Measures Net Small Project Overrun appeal) Issue(s): Amount at $17,750.39 Issue: ❑ Applicant Eligibility Eligibility Issue ❑ Facility Eligibility Amount Denied: $179.20 Type(s) © Work Eligibility ❑ Cost Eligibility Issue Emergency Protective Measures, Increased Operating Costs Keyword(s): Project Description: The coronavirus (COVID-19) pandemic resulted in a major disaster declaration (DR-4521-NE) on April 4, 2020, for the State of Nebraska, during the incident period of January 20, 2020, and continuing. As a result of the COVID-19 pandemic, the City of Blair (Applicant) requests funding under the Federal Emergency Management Agency (FEMA) Public Assistance (PA) program for the purchase of personal protective equipment (PPE), protective shields, fencing, and disinfecting supplies, to continue providing services in the city's offices, playgrounds, and library. The period of performance for this project falls between March 1, 2020, and July 7, 2021, for a total project cost of $17,750.39. This Determination Memorandum will address the partial project cost of $179.20 for the purchases of gloves made on September 28, 2020 used to combat the spread of COVID-19 in the city library. 1 2020-09 Eakes $179.20.pdf. Pagel of 4 Issue(s): Are the gloves purchased on September 28, 2020 eligible under FEMA's PA program? Applicable Statutes, Regulations, and Policies in Effect as of the Declaration of the Emergency or Disaster: • The Robert T, Stafford Disaster Relief and Emergency Assistance Act, as aruended (Stafford Act), 42 U.S.C. 5121 et seq. (2019): Stafford Act § 403(a)(3) • Title 44 of the Code of Federal Regulations (C.F.R.) (2019): 44 C.F.R. § 206.223(a)(1) 44 C.F.R. § 206.225(a) • FEMA Policy: Public Assistance Prograin and Policy Guide FP 104-009-2 (PAPPG) (Apr. 2018) PAPPG, at 19, 41-42, 58, 60-61 Coronavit,us (COVID-19) Pandemic: Work Eligible, for• Public Assistance (hiterinr), Septerrrber 1, 2020, FP 104-009-19 (COVID-19 FEMA Policy) Analysis: Section 403(a)(3) of the Stafford Act grants FEMA discretionary authority to provide assistance to state and local governments essential to meeting immediate threats to life and property resulting from a disaster. Implementing this authority, 44 CFR, Subpart H, authorizes FEMA to provide PA funding for specific work required as a result of the incident' and emergency protective measures (EPMs) necessary to eliminate or lessen immediate threats to life, public health, or safety, as well as threats of significant additional damage to improved property.3 FEMA is not authorized to provide PA funding for all losses or costs resulting from the incident, including work that results in the increased costs to operate a facility or provide a service, which are generally not eligible even when directly related to the incident,4 unless: The services are specifically related to eligible emergency actions to save lives or protect public health and safety or improved property; The costs are for a limited period of time based on the exigency of the circumstances; and; '44 C.F.R. § 206,223(a)(1); PAPPG, at 19 3 44 C.F.R. § 206.225(a) 4 PAPPG, at 41-42 Page 2 of 4 • The Applicant tracks and documents the additional costs.5 Under limited circumstances based on specific criteria, FEMA finds COVID-19 measures eligible for reimbursement when those measures are related to emergency actions to address an immediate threat to life, public health, or safety. The COVID-19 FEMA Policy and the PAPPG fiirther define emergency protective measures and eligible costs that FEMA funds under the PA program.6 For example, the purchase and distribution of PPE is only eligible if it's directly related to the performance of otherwise eligible emergency work or is provided to healthcare workers, patients with confirmed or suspected COVID-19 infection, and first responders.7 Here, the Applicant requests FEMA reimbursement for the purchase of gloves on September 28, 2020 to combat the spread of COVID-19 in the city library. Under the COVID-19 FEMA Policy, work performed on or after September 15, 2020 must be directly related to the eligible EPMs specifically listed in the current policy or be provided to first responders, healthcare workers, or patients with confirmed or suspected COVID-19 infection.A FEMA considers all other non - directly related and specifically listed costs incurred by the Applicant as a result of the incident ineligible. Based on the information submitted for this project, the Applicant's post September 15, 2020 purchase of gloves represents an increased operating cost of continuing to provide services in a COVID-19 environment and is not considered an eligible emergency protective measure. Not only are increased operating costs generally ineligible, the Applicant has not demonstrated that these costs were specifically related to eligible EPMs. Therefore, the Applicant's request for reimbursement is partially denied. Eligibility Determination: ® Partially Approved ❑ Denied The Applicant's request for PA funding for the purchase of gloves on September 28, 2020 for a partial project cost of $179.20 to combat the spread of COVID-19 in the city library is not eligible because it is not an eligible emergency protective measure and represents an ineligible increased operating cost. Notice of Right to Appeal: The Applicant may appeal this determination to the Regional Administrator, pursuant to Title 44 of the Code of Federal Regulations § 206.206, Appeals. If the Applicant elects to file an appeal, the appeal must: 1) Contain documented justification supporting the applicant's position; 2) Specify the monetary figure in dispute; and 3) Cite the provisions in federal law, regulation, and/or policy with which the Applicant believes the initial action was inconsistent. The appeal must be submitted to the Recipient, Nebraska Emergency Management Agency, by the Applicant within 60 days of its receipt of this determination. The 5 PAPPG, at 60-61 6 PAPPG, at 58, COVID-19 FEMA Policy ' Id. 8 COVID-19 FEMA Policy Page 3 of 4 Recipient's transmittal of that appeal, with recommendation, is required to be submitted to our office within 60 days of the receipt of the Applicant's letter. If you have any questions, please contact the Nebraska Emergency Management Agency, Kyle Winchell at kyle.winchell@nebraska.gov. Preparation and Review: Preparer: Emanuel Rier Soto, Appeal Analyst Signature. EMANUEL RIER Digitally signed byEMANUEL RIER SOTO SOTO Date: 2021.04.05 10:57:42-04'00'Date: Office of Chief Counsel Reviewer: PHILLIP Signature'Y n Approval: PA Management: Signature: Digitally signed by PHILLIP YOO Date: 2021.04.05 10:53:38-04'00' Date: Digitally signed by TIMOTHY A TIMOTHY A BAKER BAKER Date: 2021.05.20 10:48:17-05'00' Date: Document Index: Document Description File Name Force Account Material Summary COVID 2020 - Summary.xlsx Purchased Material Invoices 2020-09 Eakes $179.20.pdf Page 4 of 4