PA ID# 000-92004; California Department of Water Resources
DSR ID# 73962; Overtime and Straight-Time Costs
Citation: Appeal Brief; Second Appeal; California Department of Water Resources; FEMA-1155-DR-CA; PA #000-92004
Cross Reference: DSR 73962; Force Account Labor; Overtime Labor Costs; Straight-Time Labor Costs; Special Exception, Non-State Funded; Category B;
Summary: As a result of late winter storms of 1996, the California Department of Water Resources (DWR) performed flood fighting efforts using State Water Project (SWP) personnel. FEMA prepared DSR 73962 for $67,016 to fund force account overtime labor and benefits for monitoring and gathering high-water data to delineate the extent of the flooding. Upon review, the DSR was determined to be ineligible because the work of gathering statistical data was consistent with the normal duties of the DWR. With the first appeal, the DWR indicated that the work was required to determine flood fight strategy, extent of flooding and obtain entry permits for the U.S. Army Corps of Engineers. Additionally, the DWR appealed the disallowance of $147,477 for SWP straight-time salaries because State Water Project Contractors, rather than taxpayers of the State, fund the SWP. The Regional Director denied the appeal because the DWR did not provide any additional documentation to support its claim and no documentation was presented to support the elimination or lessening of a threat. The State forwarded the second appeal on May 26, 1999, requesting a total of $178,973. The basis of the appeal is that the work was required to determine the extent of the flooding. Specially funded personnel (SWP) were utilized to perform these duties and their salaries should be an exception to the force account regulation. DWR requests an exception to the force account regulation, as was granted to Los Angeles for the Northridge earthquake, because the use of SWP personnel is more cost effective.
Was the worked performed by the SWP personnel eligible as an emergency protective measure?
Should an exception to the force account regulation be provided?
No. The work performed did not reduce or lessen an immediate threat