PA ID# 000-92004; California Department of Water Resources
DSR ID# 75009,75010,75011,75020,75021; Force Account Straight-Time Costs
Citation: Appeal Brief; Second Appeal; California Department of Water Resources; FEMA-1155-DR-CA; PA #000-92004
Cross Reference: DSRs 75009, 75010, 75011, 75020 and 75021; Force Account Labor; Straight-Time Labor Costs; Special Exception; 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 DSRs 75009, 75010, 75011, 75020 and 75021 for $259,345, $426,266, $282,840, $63,075 and $32,551 respectively to fund force account overtime labor, equipment and materials for staffing a joint operations center, sandbagging, search and rescue and patrolling of levees owned and maintained by DWR. During review, it was determined that SWP personnel were State employees and the amount of their regular time salaries was deducted from DSRs. With the first appeal, the DWR indicated that the straight-time salaries should be eligible for the SWP personnel because State Water Project Contractors, rather than taxpayers of the State, fund the SWP. The Regional Director denied the appeal because the straight-time or regular-time salaries and benefits of the SWP permanently employed personnel are not eligible in calculating the cost of eligible emergency work (44 CFR 206.228 (a)(4)). The State forwarded the second appeal on March 30, 1999, requesting a total of $519,859. The basis of the appeal is that the emergency work was completed by the specially funded personnel, which was more cost effective than "off the street" hires and it required additional cost to be incurred by the State. Additionally, the payment of their regular-time salaries should be an exception to the force account regulation. No additional documentation was submitted other than a request for 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.
Are the SWP personnel full time state employees?
Should an exception to the force account regulation be provided?
Yes. Even though the SWP personnel are funded from special funds, they are full-time State employees and covered by the force account regulations.
No. The exception granted to the City of Los Angeles was a one-time special exception that was based on extraordinary circumstances.