various stages to the civil litigation process

As we learned in our reading, there are various stages to the civil litigation process. Discovery tends to be the longest and arguably the most important stage of civil litigation.

Forum Questions:Analyze the following hypothetical and then explain which types of discovery procedures you would utilize if you were the Defendant’s attorney.  Please make sure you also consider possible witnesses and outside resources.

Hypothetical:You represent the Defendant, a shoe company.  A Plaintiff has filed a Complaint against the shoe company, alleging that they broke their ankle while walking in your client’s defective shoes.  The Plaintiff claims that they were poorly made and the defects in the design and manufacture caused their injuries.  They are requesting approximately $40,000 in damages for hospital care and treatment, as well as $100,000 due to being unable to work now and for at least the next twelve months.

Requierments: 

1. Plagiarism Free

2. 250 words minimum

3. Atleast 1 credible source

Public Damage

INITIAL DAMAGE ASSESSMENT (IDA) REPORT PUBLIC DAMAGE (PART A)
FAX COMPLETED IDA REPORT TO DISASTER RECOVERY DEPARTMENT AT 555-820-1404 or email to Disaster.Recovery@state.us
INCIDENT INFORMATION
(1) TYPE OF DAMAGE (check appropriate box(s): PUBLIC BUSINESS/RESIDENTIAL
(2) INCIDENT TYPE: (indicate type of storm or incident): February 8-9th, 2013 Snow (3) INCIDENT DATE(S): 2/8/13 – 2/9/13
(4) REPORTING (check appropriate box): INITIAL FOLLOW-UP (5) REPORT DATE:
CONTACT INFORMATION
(6) NAME OF CITY/TOWN/STATE AGENCY: (7) COUNTY:
(8) LOCAL OFFICIAL CONTACT (NAME/TITLE/PHONE):
(9) BUSINESS NUMBER: (10) FAX NUMBER: (11) EMAIL ADDRESS:
PART A: PUBLIC DAMAGES
(12) LOCATION/SITE (13) ESTIMATE OF COSTS (14) Insurance
Snow Removal Costs A Debris Removal Removal B Emergency Protective Measures C Roads/ Bridges D Water Control Facilities E Buildings & Equipment F Public Utilities G Public Parks/ Recreation
Primary and secondary roads
Sullivan School – roof damage and pipe repair
Childs Park – fallen tree removal
Public safety measures (staffing)
SUBTOTAL CATEGORIES OF WORK: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
GRAND TOTAL ALL CATEGORIES OF WORK: $0.00
(15) COMMENTS:
PAGE OF
PLEASE REPORT RESIDENTIAL/BUSINESS DAMAGE BY SELECTING “Residential/Business Damage” TAB ON BOTTOM OF THIS WORKBOOK

Public Damage Work Categories

Categories/Types of Work
There are two types of work eligible for reimbursement through a Public Assistance Grant: emergency work and permanent work. Each of these work types are further divided into categories based on the action being performed for emergency work, or the type of facility repaired for permanent work. The categories of work are often identified by a single letter. The categories are:
Emergency Work
Snow Removal
A. Debris Removal
B. Emergency Protective Measures
Permanent Work
C. Road Systems and Bridges
D. Water Control Facilities
E. Buildings, Contents, and Equipment
F. Utilities
G. Parks, Recreational, and Other
Snow Removal
Snow Removal includes costs associated with snow plowing, sanding, salting, de-icing, and snow dumping.
For the purpose of this IDA, when documenting your snow costs, please reference the Storm Incident Period of Friday Feb. 8th 2013 – Saturday Feb. 9th 2013; this incident period
is subject to change if a Federal Disaster is declared. You may choose your start time between 12:01am on Friday 2/8 and 11:59pm on Saturday 2/9 and continue 48 consecutive hours.
Please report estimated storm costs for the overtime only of your regularly employed personnel. The straight and overtime time costs of contract labor, including temporary hires
who perform snow emergency work, should be reported, as are the equipment and materials used in the performance of storm-related work.
Category A: Debris Removal
Debris Removal is the clearance, removal, and/or disposal of items such as trees, woody debris, sand, mud, silt, gravel, building components, wreckage, vehicles, and personal property.
For debris removal to be eligible, the work must be necessary to:
Eliminate an immediate threat to lives, public health and safety
Eliminate immediate threats of significant damage to improved public or private property
Ensure the economic recovery of the affected community to the benefit of the community-at-large
Mitigate the risk to life and property by removing substantially damaged structures and associated appurtenances as needed to convert property acquired through a FEMA hazard mitigation program to uses compatible with open space, recreation, or wetlands management practices
Examples of eligible debris removal activities include:
Debris removal from a street or highway to allow the safe passage of emergency vehicles
All storm related debris removal costs from all roadways, including Federal Highway roads, are to be integrated into your total Category A cost
Debris removal from public property to eliminate health and safety hazards
Examples of ineligible debris removal activities include:
Removal of debris, such as tree limbs and trunks, from natural (unimproved) wilderness areas
Removal of pre-disaster sediment from engineered channels
Removal of debris from a natural channel unless the debris poses an immediate threat of flooding to improved property
Debris removal from private property is generally not eligible because it is the responsibility of the individual property owner. If property owners move the disaster-related debris to a public right-of-way, the local government may be reimbursed for curbside pickup and disposal for a limited period of time. If the debris on private business and residential property is so widespread that public health, safety, or the economic recovery of the community is threatened, FEMA may fund debris removal from private property, but it must be approved in advance by FEMA.
Category B: Emergency Protective Measures
Emergency Protective Measures are actions taken by Applicants before, during, and after a disaster to save lives, protect public health and safety, and prevent damage to improved public and private property. Emergency communications, emergency access and emergency public transportation costs may also be eligible.
Examples of eligible emergency protective measures are:
Warning devices (barricades, signs, and announcements)
Search and rescue
Security forces (police and guards)
Construction of temporary levees
Provision of shelters or emergency care
Sandbagging
Bracing/shoring damaged structures
Provision of food, water, ice and other essential needs
Emergency repairs
Emergency demolition
Generators
Removal of health and safety hazards
Category C: Roads and Bridges
Roads (paved, gravel, and dirt) are eligible for permanent repair or replacement under the Public Assistance Program, unless they are Federal-aid roads. Eligible work includes repair to surfaces, bases, shoulders, ditches, culverts, low water crossings, and other features, such as guardrails. Damage to the road must be disaster-related to be eligible for repair. In addition, repairs necessary as the result of normal deterioration, such as “alligator cracking,” are not eligible because it is pre-disaster damage.
Landslides and washouts often affect roads. Earthwork in the vicinity of a road may be eligible, but only if the work is necessary to ensure the structural integrity of the road.
Road or bridge closures resulting from a disaster may increase traffic loads on nearby roads. If diverted traffic causes damage to a road, FEMA may pay to repair this damage if no alternative is available. Restoration of a damaged road may include upgrades necessary to meet current codes and standards, as defined by the State or local department of highways. Typical standards affect lane width, loading design, and construction materials.
Bridges are eligible for repair or replacement under the Public Assistance Program, unless they are on a Federal-aid road. Eligible work includes repairs to decking, guardrails, girders, pavement, abutments, piers, slope protection, and approaches. Only repairs of disaster-related damage are eligible. In some cases, FEMA may use pre-disaster bridge inspection reports to determine if damage to a bridge was present before the disaster.
Work to repair scour or erosion damage to the channel and stream banks is eligible if the repair is necessary to ensure the structural integrity of the bridge. Earthwork that is not related to the structural integrity of the bridge is not eligible. Similarly, work to remove debris, such as fallen trees, from the channel at the bridge is eligible if the debris could cause further damage to the structure or if the blockage could cause flood waters to inundate nearby homes, businesses, or other facilities.
When replacement of a damaged bridge is warranted, eligible work may include upgrades necessary to meet current standards for road and bridge construction, as defined by the State or local highway department. Typical standards affect lane width, loading design, construction materials, and hydraulic capacity. If code requires, and if the Applicant has consistently enforced that code, FEMA will permit changes in the bridge design from one lane to two lanes to include access modification for a short distance (i.e., within area of damage). This does not apply to other expansions of capacity (e.g., from two lanes to four lanes).
Permanent restoration of a road or bridge that falls under the authority of the Federal Highway Administration is not eligible for public assistance.
Permanent restoration of a road or bridge that service USACE or NRCS levees and dams, private and commercial roads, and homeowners’ association roads or fall under the authority of the Federal Highway Administration is not eligible for public assistance.
Category D: Water Control Facilities
Water control facilities include dams and reservoirs, levees, lined and unlined engineered drainage channels, shore protective devices, irrigation facilities, and pumping facilities.
Restoration of the carrying capacity of engineered channels and debris basins may be eligible, but maintenance records or surveys must be produced to show the pre-disaster capacity of these facilities. The pre-disaster level of debris in the channel or basin is of particular importance to determine the amount of newly deposited disaster-related debris. Such a facility must also have had a regular clearance schedule to be considered an actively used and maintained facility.
Restoration of reservoirs to their pre-disaster capacity also may be eligible in accordance with the criteria for debris basins described above. Not all reservoirs are cleaned out on a regular basis, and evidence of pre-disaster maintenance must be provided to FEMA. In addition, removal of debris that poses an immediate threat of clogging or damaging intake or adjacent structures may be eligible.
The USACE and NRCS have primary authority for repair of flood control works, whether constructed with Federal or non-Federal funds, as well as authority over federally funded shore protective devices. Permanent repairs to these facilities are not eligible through the PA Program.
Category E: Buildings and Equipment
Buildings, including contents such as furnishings and interior systems such as electrical work, are eligible for repair or replacement under the Public Assistance Program. In addition to contents, FEMA will pay for the replacement of pre-disaster quantities of consumable supplies and inventory. FEMA will also pay for the replacement of library books and publications. Removal of mud, silt, or other accumulated debris is eligible, along with any cleaning and painting necessary to restore the building.
If an insurance policy applies to a facility, FEMA will deduct from eligible costs the amount of insurance proceeds, actual or anticipated, before providing funds for restoration of the facility. FEMA will reduce public assistance grants by the maximum amount of insurance proceeds an Applicant would receive for an insurable building located in an identified floodplain that is not covered by Federal flood insurance. The reduction in eligible costs will be the larger of the two reductions just described. The owners of insurable buildings can expedite the grant process by providing FEMA with policy and settlement information as soon as possible after a disaster occurs.
FEMA may pay for upgrades that are required by certain codes and standards. Examples include roof bracing installed following a hurricane, seismic upgrades to mitigate damage from earthquakes, and upgrades to meet standards regarding use by the disabled. For repairs, upgrades are limited to damaged elements only. If a structure must be replaced, the new facility must comply with all applicable codes and standards regardless of the level of FEMA funding.
If a damaged building must be replaced, FEMA has the authority to pay for a building with the same capacity as the original structure. However, if the standard for space per occupant has changed since the original structure was built, FEMA may pay for an increase in size to comply with that standard while maintaining the same occupant capacity. A Federal or State agency or statute must mandate the increase in space; it cannot be based only on design practices for an industry or profession.
Category F: Utilities
Typical Utilities include:
Water treatment plants and delivery systems
Power generation and distribution facilities, including generators, substations, and power lines
Sewage collection systems and treatment plants
Telecommunications
The owner of a facility is responsible for determining the extent of damage incurred. FEMA does not provide funds for random surveys to look for damage, such as TV inspection of sewer lines. If disaster-related damage is evident, however, FEMA may pay for inspections to determine the extent of the damage and method of repair.
While FEMA will pay for restoration of damaged utilities, FEMA does not provide funds for increased operating expenses resulting from a disaster. Similarly, FEMA cannot provide funds for revenue lost if a utility is shut down. However, the cost of establishing temporary, emergency services in the event of a utility shut-down may be eligible.
Category G: Parks, Recreational Facilities, and Other Items
Repair and restoration of parks, playgrounds, pools, cemeteries, & beaches. This category also is used for any work or facility that cannot be characterized adequately by Categories A-F
Eligible publicly-owned facilities in this category include: playground equipment, swimming pools, bath houses, tennis courts, boat docks, piers, picnic tables, and golf courses.
Other types of facilities, such as roads, buildings and utilities, that are located in parks and recreational areas are also eligible and are subject to the eligibility criteria for Categories C-F.
Natural features are not eligible facilities unless they are improved and maintained. This restriction applies to features located in parks and recreational areas. Specific criteria apply to beaches and to trees and ground cover.
Beaches. Emergency placement of sand on a natural or engineered beach may be eligible when necessary to protect improved property from an immediate threat. Protection may be to a 5-year storm profile or to its pre-storm profile, whichever is less.
A beach is considered eligible for permanent repair if it is an improved beach and has been routinely maintained prior to the disaster. A beach is considered to be an “improved beach” if the following criteria apply:
the beach was constructed by the placement of sand to a designed elevation, width, grain size, and slope; and
the beach has been maintained in accordance with a maintenance program involving the periodic re-nourishment of sand at least every 5 years.
Typically, FEMA will request the following from an applicant before approving assistance for permanent restoration of a beach:
design documents and specifications, including analysis of grain size;
“as-built” plans;
documentation of regular maintenance or nourishment of the beach; and
pre- and post-storm cross sections of the beach.
Permanent restoration of sand on natural beaches is not eligible.
Additional information regarding FEMA’s policy on sand replacement can be found at: http://www.fema.gov/pdf/government/grant/pa/9580_8.pdf
Trees and Ground Cover. The replacement of trees, shrubs, and other ground cover is not eligible. This restriction applies to trees and shrubs in recreational areas, such as parks, as well as trees and shrubs associated with public facilities, such as those located in the median strips along roadways and as landscaping for public buildings. Grass and sod are eligible only when necessary to stabilize slopes and minimize sediment runoff.
This restriction does not affect removal of tree debris or the removal of trees as an emergency protective measure. FEMA will reimburse for the removal of tree debris and the removal of trees as emergency protective measures if the removal eliminates an immediate threat to lives, public health and safety, and improved property, or if removal is necessary to ensure the economic recovery of the affected community to the benefit of the community-at-large. However, FEMA will not reimburse for the replacement of these trees.

Residential_Business Damage

INITIAL DAMAGE ASSESSMENT (IDA) REPORT
RESIDENTIAL/BUSINESS DAMAGE (Parts B & C)
FAX COMPLETED IDA REPORT TO MEMA DISASTER RECOVERY DEPARTMENT AT 508-820-1404 or email to Disaster.Recovery@state.ma.us
INCIDENT INFORMATION
(1) TYPE(s) OF DAMAGE (check appropriate box(s): PUBLIC RESIDENTIAL BUSINESS
(2) INCIDENT TYPE: (indicate type of storm or incident): February 8-9th, 2013 Snow (3) INCIDENT DATE(S): 2/8/13 – 2/9/13
(4) REPORTING (check appropriate box): INITIAL REPORT FOLLOW-UP (5) REPORT DATE:
(6) ESTIMATED NUMBER IMPACTED: # RESIDENCES IMPACTED # BUSINESSES IMPACTED
CONTACT INFORMATION
(7) NAME OF CITY/TOWN/STATE AGENCY: (8) County:
(9) LOCAL OFFICIAL CONTACT:
(9) BUSINESS NUMBER: (10) FAX NUMBER: (11) E-MAIL:
PART B: RESIDENTIAL DAMAGE (if more space is needed, insert additional rows or copy this report), also indicate whether primary or secondary residence
(12) STREET/ROAD NAME (13) STREET/ROAD NUMBER(S) (14) INSURANCE (Yes or No) (15) (check applicable) (16) (check applicable) (17) (check applicable) (18) Water Depth (ft)
Multiple Family Single Family Basement Floor # Water Sewer Electrical
(19) SPECIAL NEEDS CONSIDERATION: (20) LANGUAGE:
PART C: BUSINESS DAMAGE (if more space is needed, insert additional rows)
(21) BUSINESS NAME/ PRIVATE NON-PROFIT FACILITY NAME (22) STREET/ROAD NUMBER(S) (23) CONTACT NUMBER (24) INSURANCE (Yes or No) (25) (26) COMMENTS
% Structure % Contents Loss
PAGE ______ of ______
PLEASE REPORT PUBLIC DAMAGE BY SELECTING “Public Damage” TAB ON BOTTOM OF THIS WORKBOOK

Instructions

Public Damage

INITIAL DAMAGE ASSESSMENT (IDA) REPORT PUBLIC DAMAGE (PART A)
FAX COMPLETED IDA REPORT TO DISASTER RECOVERY DEPARTMENT AT 555-820-1404 or email to Disaster.Recovery@state.us
INCIDENT INFORMATION
(1) TYPE OF DAMAGE (check appropriate box(s): PUBLIC BUSINESS/RESIDENTIAL
(2) INCIDENT TYPE: (indicate type of storm or incident): February 8-9th, 2013 Snow (3) INCIDENT DATE(S): 2/8/13 – 2/9/13
(4) REPORTING (check appropriate box): INITIAL FOLLOW-UP (5) REPORT DATE:
CONTACT INFORMATION
(6) NAME OF CITY/TOWN/STATE AGENCY: (7) COUNTY:
(8) LOCAL OFFICIAL CONTACT (NAME/TITLE/PHONE):
(9) BUSINESS NUMBER: (10) FAX NUMBER: (11) EMAIL ADDRESS:
PART A: PUBLIC DAMAGES
(12) LOCATION/SITE (13) ESTIMATE OF COSTS (14) Insurance
Snow Removal Costs A Debris Removal Removal B Emergency Protective Measures C Roads/ Bridges D Water Control Facilities E Buildings & Equipment F Public Utilities G Public Parks/ Recreation
Primary and secondary roads
Sullivan School – roof damage and pipe repair
Childs Park – fallen tree removal
Public safety measures (staffing)
SUBTOTAL CATEGORIES OF WORK: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
GRAND TOTAL ALL CATEGORIES OF WORK: $0.00
(15) COMMENTS:
PAGE OF
PLEASE REPORT RESIDENTIAL/BUSINESS DAMAGE BY SELECTING “Residential/Business Damage” TAB ON BOTTOM OF THIS WORKBOOK

Public Damage Work Categories

Categories/Types of Work
There are two types of work eligible for reimbursement through a Public Assistance Grant: emergency work and permanent work. Each of these work types are further divided into categories based on the action being performed for emergency work, or the type of facility repaired for permanent work. The categories of work are often identified by a single letter. The categories are:
Emergency Work
Snow Removal
A. Debris Removal
B. Emergency Protective Measures
Permanent Work
C. Road Systems and Bridges
D. Water Control Facilities
E. Buildings, Contents, and Equipment
F. Utilities
G. Parks, Recreational, and Other
Snow Removal
Snow Removal includes costs associated with snow plowing, sanding, salting, de-icing, and snow dumping.
For the purpose of this IDA, when documenting your snow costs, please reference the Storm Incident Period of Friday Feb. 8th 2013 – Saturday Feb. 9th 2013; this incident period
is subject to change if a Federal Disaster is declared. You may choose your start time between 12:01am on Friday 2/8 and 11:59pm on Saturday 2/9 and continue 48 consecutive hours.
Please report estimated storm costs for the overtime only of your regularly employed personnel. The straight and overtime time costs of contract labor, including temporary hires
who perform snow emergency work, should be reported, as are the equipment and materials used in the performance of storm-related work.
Category A: Debris Removal
Debris Removal is the clearance, removal, and/or disposal of items such as trees, woody debris, sand, mud, silt, gravel, building components, wreckage, vehicles, and personal property.
For debris removal to be eligible, the work must be necessary to:
Eliminate an immediate threat to lives, public health and safety
Eliminate immediate threats of significant damage to improved public or private property
Ensure the economic recovery of the affected community to the benefit of the community-at-large
Mitigate the risk to life and property by removing substantially damaged structures and associated appurtenances as needed to convert property acquired through a FEMA hazard mitigation program to uses compatible with open space, recreation, or wetlands management practices
Examples of eligible debris removal activities include:
Debris removal from a street or highway to allow the safe passage of emergency vehicles
All storm related debris removal costs from all roadways, including Federal Highway roads, are to be integrated into your total Category A cost
Debris removal from public property to eliminate health and safety hazards
Examples of ineligible debris removal activities include:
Removal of debris, such as tree limbs and trunks, from natural (unimproved) wilderness areas
Removal of pre-disaster sediment from engineered channels
Removal of debris from a natural channel unless the debris poses an immediate threat of flooding to improved property
Debris removal from private property is generally not eligible because it is the responsibility of the individual property owner. If property owners move the disaster-related debris to a public right-of-way, the local government may be reimbursed for curbside pickup and disposal for a limited period of time. If the debris on private business and residential property is so widespread that public health, safety, or the economic recovery of the community is threatened, FEMA may fund debris removal from private property, but it must be approved in advance by FEMA.
Category B: Emergency Protective Measures
Emergency Protective Measures are actions taken by Applicants before, during, and after a disaster to save lives, protect public health and safety, and prevent damage to improved public and private property. Emergency communications, emergency access and emergency public transportation costs may also be eligible.
Examples of eligible emergency protective measures are:
Warning devices (barricades, signs, and announcements)
Search and rescue
Security forces (police and guards)
Construction of temporary levees
Provision of shelters or emergency care
Sandbagging
Bracing/shoring damaged structures
Provision of food, water, ice and other essential needs
Emergency repairs
Emergency demolition
Generators
Removal of health and safety hazards
Category C: Roads and Bridges
Roads (paved, gravel, and dirt) are eligible for permanent repair or replacement under the Public Assistance Program, unless they are Federal-aid roads. Eligible work includes repair to surfaces, bases, shoulders, ditches, culverts, low water crossings, and other features, such as guardrails. Damage to the road must be disaster-related to be eligible for repair. In addition, repairs necessary as the result of normal deterioration, such as “alligator cracking,” are not eligible because it is pre-disaster damage.
Landslides and washouts often affect roads. Earthwork in the vicinity of a road may be eligible, but only if the work is necessary to ensure the structural integrity of the road.
Road or bridge closures resulting from a disaster may increase traffic loads on nearby roads. If diverted traffic causes damage to a road, FEMA may pay to repair this damage if no alternative is available. Restoration of a damaged road may include upgrades necessary to meet current codes and standards, as defined by the State or local department of highways. Typical standards affect lane width, loading design, and construction materials.
Bridges are eligible for repair or replacement under the Public Assistance Program, unless they are on a Federal-aid road. Eligible work includes repairs to decking, guardrails, girders, pavement, abutments, piers, slope protection, and approaches. Only repairs of disaster-related damage are eligible. In some cases, FEMA may use pre-disaster bridge inspection reports to determine if damage to a bridge was present before the disaster.
Work to repair scour or erosion damage to the channel and stream banks is eligible if the repair is necessary to ensure the structural integrity of the bridge. Earthwork that is not related to the structural integrity of the bridge is not eligible. Similarly, work to remove debris, such as fallen trees, from the channel at the bridge is eligible if the debris could cause further damage to the structure or if the blockage could cause flood waters to inundate nearby homes, businesses, or other facilities.
When replacement of a damaged bridge is warranted, eligible work may include upgrades necessary to meet current standards for road and bridge construction, as defined by the State or local highway department. Typical standards affect lane width, loading design, construction materials, and hydraulic capacity. If code requires, and if the Applicant has consistently enforced that code, FEMA will permit changes in the bridge design from one lane to two lanes to include access modification for a short distance (i.e., within area of damage). This does not apply to other expansions of capacity (e.g., from two lanes to four lanes).
Permanent restoration of a road or bridge that falls under the authority of the Federal Highway Administration is not eligible for public assistance.
Permanent restoration of a road or bridge that service USACE or NRCS levees and dams, private and commercial roads, and homeowners’ association roads or fall under the authority of the Federal Highway Administration is not eligible for public assistance.
Category D: Water Control Facilities
Water control facilities include dams and reservoirs, levees, lined and unlined engineered drainage channels, shore protective devices, irrigation facilities, and pumping facilities.
Restoration of the carrying capacity of engineered channels and debris basins may be eligible, but maintenance records or surveys must be produced to show the pre-disaster capacity of these facilities. The pre-disaster level of debris in the channel or basin is of particular importance to determine the amount of newly deposited disaster-related debris. Such a facility must also have had a regular clearance schedule to be considered an actively used and maintained facility.
Restoration of reservoirs to their pre-disaster capacity also may be eligible in accordance with the criteria for debris basins described above. Not all reservoirs are cleaned out on a regular basis, and evidence of pre-disaster maintenance must be provided to FEMA. In addition, removal of debris that poses an immediate threat of clogging or damaging intake or adjacent structures may be eligible.
The USACE and NRCS have primary authority for repair of flood control works, whether constructed with Federal or non-Federal funds, as well as authority over federally funded shore protective devices. Permanent repairs to these facilities are not eligible through the PA Program.
Category E: Buildings and Equipment
Buildings, including contents such as furnishings and interior systems such as electrical work, are eligible for repair or replacement under the Public Assistance Program. In addition to contents, FEMA will pay for the replacement of pre-disaster quantities of consumable supplies and inventory. FEMA will also pay for the replacement of library books and publications. Removal of mud, silt, or other accumulated debris is eligible, along with any cleaning and painting necessary to restore the building.
If an insurance policy applies to a facility, FEMA will deduct from eligible costs the amount of insurance proceeds, actual or anticipated, before providing funds for restoration of the facility. FEMA will reduce public assistance grants by the maximum amount of insurance proceeds an Applicant would receive for an insurable building located in an identified floodplain that is not covered by Federal flood insurance. The reduction in eligible costs will be the larger of the two reductions just described. The owners of insurable buildings can expedite the grant process by providing FEMA with policy and settlement information as soon as possible after a disaster occurs.
FEMA may pay for upgrades that are required by certain codes and standards. Examples include roof bracing installed following a hurricane, seismic upgrades to mitigate damage from earthquakes, and upgrades to meet standards regarding use by the disabled. For repairs, upgrades are limited to damaged elements only. If a structure must be replaced, the new facility must comply with all applicable codes and standards regardless of the level of FEMA funding.
If a damaged building must be replaced, FEMA has the authority to pay for a building with the same capacity as the original structure. However, if the standard for space per occupant has changed since the original structure was built, FEMA may pay for an increase in size to comply with that standard while maintaining the same occupant capacity. A Federal or State agency or statute must mandate the increase in space; it cannot be based only on design practices for an industry or profession.
Category F: Utilities
Typical Utilities include:
Water treatment plants and delivery systems
Power generation and distribution facilities, including generators, substations, and power lines
Sewage collection systems and treatment plants
Telecommunications
The owner of a facility is responsible for determining the extent of damage incurred. FEMA does not provide funds for random surveys to look for damage, such as TV inspection of sewer lines. If disaster-related damage is evident, however, FEMA may pay for inspections to determine the extent of the damage and method of repair.
While FEMA will pay for restoration of damaged utilities, FEMA does not provide funds for increased operating expenses resulting from a disaster. Similarly, FEMA cannot provide funds for revenue lost if a utility is shut down. However, the cost of establishing temporary, emergency services in the event of a utility shut-down may be eligible.
Category G: Parks, Recreational Facilities, and Other Items
Repair and restoration of parks, playgrounds, pools, cemeteries, & beaches. This category also is used for any work or facility that cannot be characterized adequately by Categories A-F
Eligible publicly-owned facilities in this category include: playground equipment, swimming pools, bath houses, tennis courts, boat docks, piers, picnic tables, and golf courses.
Other types of facilities, such as roads, buildings and utilities, that are located in parks and recreational areas are also eligible and are subject to the eligibility criteria for Categories C-F.
Natural features are not eligible facilities unless they are improved and maintained. This restriction applies to features located in parks and recreational areas. Specific criteria apply to beaches and to trees and ground cover.
Beaches. Emergency placement of sand on a natural or engineered beach may be eligible when necessary to protect improved property from an immediate threat. Protection may be to a 5-year storm profile or to its pre-storm profile, whichever is less.
A beach is considered eligible for permanent repair if it is an improved beach and has been routinely maintained prior to the disaster. A beach is considered to be an “improved beach” if the following criteria apply:
the beach was constructed by the placement of sand to a designed elevation, width, grain size, and slope; and
the beach has been maintained in accordance with a maintenance program involving the periodic re-nourishment of sand at least every 5 years.
Typically, FEMA will request the following from an applicant before approving assistance for permanent restoration of a beach:
design documents and specifications, including analysis of grain size;
“as-built” plans;
documentation of regular maintenance or nourishment of the beach; and
pre- and post-storm cross sections of the beach.
Permanent restoration of sand on natural beaches is not eligible.
Additional information regarding FEMA’s policy on sand replacement can be found at: http://www.fema.gov/pdf/government/grant/pa/9580_8.pdf
Trees and Ground Cover. The replacement of trees, shrubs, and other ground cover is not eligible. This restriction applies to trees and shrubs in recreational areas, such as parks, as well as trees and shrubs associated with public facilities, such as those located in the median strips along roadways and as landscaping for public buildings. Grass and sod are eligible only when necessary to stabilize slopes and minimize sediment runoff.
This restriction does not affect removal of tree debris or the removal of trees as an emergency protective measure. FEMA will reimburse for the removal of tree debris and the removal of trees as emergency protective measures if the removal eliminates an immediate threat to lives, public health and safety, and improved property, or if removal is necessary to ensure the economic recovery of the affected community to the benefit of the community-at-large. However, FEMA will not reimburse for the replacement of these trees.

Residential_Business Damage

INITIAL DAMAGE ASSESSMENT (IDA) REPORT
RESIDENTIAL/BUSINESS DAMAGE (Parts B & C)
FAX COMPLETED IDA REPORT TO MEMA DISASTER RECOVERY DEPARTMENT AT 508-820-1404 or email to Disaster.Recovery@state.ma.us
INCIDENT INFORMATION
(1) TYPE(s) OF DAMAGE (check appropriate box(s): PUBLIC RESIDENTIAL BUSINESS
(2) INCIDENT TYPE: (indicate type of storm or incident): February 8-9th, 2013 Snow (3) INCIDENT DATE(S): 2/8/13 – 2/9/13
(4) REPORTING (check appropriate box): INITIAL REPORT FOLLOW-UP (5) REPORT DATE:
(6) ESTIMATED NUMBER IMPACTED: # RESIDENCES IMPACTED # BUSINESSES IMPACTED
CONTACT INFORMATION
(7) NAME OF CITY/TOWN/STATE AGENCY: (8) County:
(9) LOCAL OFFICIAL CONTACT:
(9) BUSINESS NUMBER: (10) FAX NUMBER: (11) E-MAIL:
PART B: RESIDENTIAL DAMAGE (if more space is needed, insert additional rows or copy this report), also indicate whether primary or secondary residence
(12) STREET/ROAD NAME (13) STREET/ROAD NUMBER(S) (14) INSURANCE (Yes or No) (15) (check applicable) (16) (check applicable) (17) (check applicable) (18) Water Depth (ft)
Multiple Family Single Family Basement Floor # Water Sewer Electrical
(19) SPECIAL NEEDS CONSIDERATION: (20) LANGUAGE:
PART C: BUSINESS DAMAGE (if more space is needed, insert additional rows)
(21) BUSINESS NAME/ PRIVATE NON-PROFIT FACILITY NAME (22) STREET/ROAD NUMBER(S) (23) CONTACT NUMBER (24) INSURANCE (Yes or No) (25) (26) COMMENTS
% Structure % Contents Loss
PAGE ______ of ______
PLEASE REPORT PUBLIC DAMAGE BY SELECTING “Public Damage” TAB ON BOTTOM OF THIS WORKBOOK

Instructions

Initial Damage Assessment Instructions
(Instruction Sheet Only – Please do not insert damage information here, please use IDA report)
INCIDENT INFORMATION
(1) TYPE OF DAMAGE: Select type of damage (public, residential or business)
(2) INCIDENT TYPE: Indicate incident type, such as hurricane, flood, coastal storm, windstorm, fire, etc)
(3) INCIDENT DATE(S): Document the date(s) of storm incident
(4) REPORTING: Check whether initial or follow-up report
(5) REPORT DATE: Indicate date submitting this report
CONTACT INFORMATION
(6) NAME OF CITY/TOWN/STATE AGENCY: Entity in which damage occurred (i.e., Town of / Organization Name/etc.)
(7) COUNTY: Name of county in which damage occurred
(8) LOCAL OFFICIAL/TITLE: Name(s) and job title of local representatives who completed this IDA report
(9) TELEPHONE NUMBER: Business/cell phone number
(10) FAX NUMBER: Fax number
(11) E-MAIL ADDRESS: E-mail address
PART A: PUBLIC DAMAGES
(12) LOCATION: Location/site of damage (i.e., street, road names, facility name, etc.) or separate out by town department (Police, Fire, DPW, etc)
(13) ESTIMATE OF COSTS: Actual and projected costs to accomplish the following work
Cost Estimating (Emergency Work: Snow Removal, Cat A & B)— Cost Estimating (Permanent Work: Cat C thru G)—
* Force account labor (overtime only) * Force account labor (regular and overtime)
* Town-owned equipment (regular and overtime) * Town-owned equipment (regular and overtime)
* Rented equipment (full expense) * Rented equipment (full expense)
* Material (full expense) * Material (full expense)
* Contract services (full expense) * Contract services (full expense)
TYPES OF WORK – For a detailed description of each type of work, please select the “Public Damage Work Categories” tab on the bottom of this workbook.
Snow Removal (snow plowing, sanding, salting, de-icing, snow dumping)
A – Debris Removal
B – Emergency Protective Measures
C – Roads and Bridges
D – Public Buildings
E – Water Control Facilities
F – Public Utilities
G – Parks and Recreational Areas
(14) INSURANCE: The amount of insurance proceeds, known or anticipated; is deducted from the eligible costs
(15) COMMENTS: Document additional impacts
PART B – RESIDENTIAL/BUSINESS DAMAGES
RESIDENTIAL DAMAGE
(12) STREET OR ROAD NAME: Location (street or road name) of damage
(13) STREET/ROAD NUMBER: Street/road number
(14) INSURANCE COVERAGE: Indicate if known damage is insured (yes or no)
(15) MULTIPLE FAMILY/SINGLE FAMILY: Check applicable housing type
(16) BASEMENT/FLOOR #: Check applicable floor level impacted; if floor, indicate floor # (I.e., 1st floor, 2nd floor, etc)
(17) WATER/SEWAGE/ELECTRICAL: Check applicable area of impact
(18) WATER DEPTH: Indicate in feet/inches the water depth, if applicable
(19) SPECIAL NEEDS CONSIDERATION: Report any special needs (I.e., elderly, disabled population)
(20) LANGUAGE: Indicate bi-lingual population
BUSINESS DAMAGE
(21) BUSINES NAME/CRITICAL PRIVATE NON-PROFIT FACILITY: Name of business or non-critical private non-profit facility of damage
(22) STREET/ROAD NUMBER: Street/road number
(23 CONTACT NUMBER: Phone number of business or facility owner
(24) INSURANCE: Indicate if known damage is insured (yes or no)
(25) STRUCTURAL/CONTENTS LOSS: Indicate percentage of structural or contents loss
(26) COMMENTS: Additional impacts
Damage Assessment Instructions
(Instruction Sheet Only – Please do not insert damage information here, please use IDA report)
INCIDENT INFORMATION
(1) TYPE OF DAMAGE: Select type of damage (public, residential or business)
(2) INCIDENT TYPE: Indicate incident type, such as hurricane, flood, coastal storm, windstorm, fire, etc)
(3) INCIDENT DATE(S): Document the date(s) of storm incident
(4) REPORTING: Check whether initial or follow-up report
(5) REPORT DATE: Indicate date submitting this report
CONTACT INFORMATION
(6) NAME OF CITY/TOWN/STATE AGENCY: Entity in which damage occurred (i.e., Town of / Organization Name/etc.)
(7) COUNTY: Name of county in which damage occurred
(8) LOCAL OFFICIAL/TITLE: Name(s) and job title of local representatives who completed this IDA report
(9) TELEPHONE NUMBER: Business/cell phone number
(10) FAX NUMBER: Fax number
(11) E-MAIL ADDRESS: E-mail address
PART A: PUBLIC DAMAGES
(12) LOCATION: Location/site of damage (i.e., street, road names, facility name, etc.) or separate out by town department (Police, Fire, DPW, etc)
(13) ESTIMATE OF COSTS: Actual and projected costs to accomplish the following work
Cost Estimating (Emergency Work: Snow Removal, Cat A & B)— Cost Estimating (Permanent Work: Cat C thru G)—
* Force account labor (overtime only) * Force account labor (regular and overtime)
* Town-owned equipment (regular and overtime) * Town-owned equipment (regular and overtime)
* Rented equipment (full expense) * Rented equipment (full expense)
* Material (full expense) * Material (full expense)
* Contract services (full expense) * Contract services (full expense)
TYPES OF WORK – For a detailed description of each type of work, please select the “Public Damage Work Categories” tab on the bottom of this workbook.
Snow Removal (snow plowing, sanding, salting, de-icing, snow dumping)
A – Debris Removal
B – Emergency Protective Measures
C – Roads and Bridges
D – Public Buildings
E – Water Control Facilities
F – Public Utilities
G – Parks and Recreational Areas
(14) INSURANCE: The amount of insurance proceeds, known or anticipated; is deducted from the eligible costs
(15) COMMENTS: Document additional impacts
PART B – RESIDENTIAL/BUSINESS DAMAGES
RESIDENTIAL DAMAGE
(12) STREET OR ROAD NAME: Location (street or road name) of damage
(13) STREET/ROAD NUMBER: Street/road number
(14) INSURANCE COVERAGE: Indicate if known damage is insured (yes or no)
(15) MULTIPLE FAMILY/SINGLE FAMILY: Check applicable housing type
(16) BASEMENT/FLOOR #: Check applicable floor level impacted; if floor, indicate floor # (I.e., 1st floor, 2nd floor, etc)
(17) WATER/SEWAGE/ELECTRICAL: Check applicable area of impact
(18) WATER DEPTH: Indicate in feet/inches the water depth, if applicable
(19) SPECIAL NEEDS CONSIDERATION: Report any special needs (I.e., elderly, disabled population)
(20) LANGUAGE: Indicate bi-lingual population
BUSINESS DAMAGE
(21) BUSINES NAME/CRITICAL PRIVATE NON-PROFIT FACILITY: Name of business or non-critical private non-profit facility of damage
(22) STREET/ROAD NUMBER: Street/road number
(23 CONTACT NUMBER: Phone number of business or facility owner
(24) INSURANCE: Indicate if known damage is insured (yes or no)
(25) STRUCTURAL/CONTENTS LOSS: Indicate percentage of structural or contents loss
(26) COMMENTS: Additional impacts

Federal Declarations

Federal Declarations are often made only after an initial damage assessment is completed in order to determine whether specific thresholds have been met. This survey is typically conducted by teams of local, state, and federal professionals in the immediate aftermath of an incident. FEMA and other agencies provide worksheets to assist in gathering the information needed to recover funds expended before, during, and after a disaster. This week you will be tasked with reviewing the mock data and utilizing that data to complete an Initial Damage Assessment Report.

It is essential that you are able to populate a formatted spreadsheet with data that has been compiled in order to calculate variables common in disaster recovery such as overtime, debris volume, and vehicle usage.

Consider the following scenario:

You are the emergency manager for a small town in New England. A winter storm has passed through the region, leaving an unprecedented amount of snow and debris from fallen trees. The state emergency management agency has asked to meet with you to assess the damage and compile data in an effort to determine whether the event will reach thresholds for declaration of disaster. If met, this would allow for the impacted communities to request reimbursement of expenses related to the storm. The representative from the state has forwarded a spreadsheet for you to complete ahead of the visit to assist with making the final assessment.

How to complete an Initial Damage Assessment Report.

Review the Facts and Figures Document. This document is an example of data that would be collected from town departments documenting overtime, materials, supplies, and equipment used during the storm.

Internal And External Stakeholders

Assignment 2: Internal and External Stakeholders Due Week 4 and worth 120 points

Considering your chosen topic answer the following questions related to stakeholders: Write a four (4) page paper in which you address the following:

1. Identify the Internal and External Stakeholders.

2. Discuss how internal or external stakeholders have influenced the situation in a positive or negative way?

3. How will you consider stakeholders in your solution to the problem?

4. How will you motivate individuals to buy into your solution?

5. Use at least three (3) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

· This course requires use of  Strayer Writing Standards (SWS) . The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.

· Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

· Consider personnel and stakeholders and how they influence decision making.

· Use technology and information resources to research issues in criminal justice.

· Write clearly and concisely about criminal justice using proper writing mechanics.

Click  here  to view the assignment rubric.

 

 

 

 

 

 

 

 

Grading for this assignment will be based on answer quality, logic/organization of the paper, and language and writing skills, using the following rubric.

Points: 120 Assignment 2: Internal and External Stakeholders
Criteria  

Unacceptable

Below 60% F

Meets Minimum Expectations

60-69% D

 

Fair

70-79% C

 

Proficient

80-89% B

 

Exemplary

90-100% A

1. Identify the Internal and External Stakeholders.

Weight: 20%

Did not submit or incompletely identified internal and external stakeholders. Insufficiently identified internal and external stakeholders. Partially identified internal and external stakeholders. Satisfactorily identified internal and external stakeholders. Thoroughly identified internal and external stakeholders.
2. Discuss how internal or external stakeholders have influenced the situation in a positive or negative way.

 

Weight: 20%

Did not submit or incompletely discusses how internal or external stakeholders have influenced the situation in a positive or negative way. Insufficiently discusses how internal or external stakeholders have influenced the situation in a positive or negative way. Partially discusses how internal or external stakeholders have influenced the situation in a positive or negative way Satisfactorily discusses how internal or external stakeholders have influenced the situation in a positive or negative way Thoroughly discusses how internal or external stakeholders have influenced the situation in a positive or negative way
3. How will you consider stakeholders in your solution to the problem?

Weight: 25%

Did not submit or incompletely discussed how you will consider stakeholders in your solution to the problem. Insufficiently discussed how you will consider stakeholders in your solution to the problem.  Partially discussed how you will consider stakeholders in your solution to the problem. Satisfactorily discussed how you will consider stakeholders in your solution to the problem. Thoroughly discussed how you will consider stakeholders in your solution to the problem.
4. How will you motivate individuals to buy into your solution?

Weight: 20%

Did not submit or incompletely discussed how you will motivate individuals to buy into your solution. Insufficiently discussed how you will motivate individuals to buy into your solution. Partially discussed how you will motivate individuals to buy into your solution. Satisfactorily discussed how you will motivate individuals to buy into your solution. Thoroughly discussed how you will motivate individuals to buy into your solution.
5. Use at least three (3) quality references.  Note:Wikipedia and other Websites do not qualify as academic resources.

Weight: 5%

No references provided Does not meet the required number of references; all references poor quality choices. Does not meet the required number of references; some references poor quality choices. Meets number of required references; all references high quality choices. Exceeds number of required references; all references high quality choices.
6. Clarity, writing mechanics, and formatting requirements

Weight: 10%

More than 8 errors present 7-8 errors present 5-6 errors present 3-4 errors present 0-2 errors present