PA ID# 037-91012; Los Angeles County, Department of Public Works
DSR ID# 04545; Costs Associated with Monitoring at Big Tujunga Dam
Citation: Appeal Analysis; Second Appeal; LA County DPW; California; FEMA-1008-DR-CA, PA 037-91012
Cross-Reference: Northridge Earthquake; DSR 04545; Extra Monitoring Work; Safety Inspections; Emergency Work
Facts: Following the Northridge Earthquake, FEMA prepared DSR 04545 for $3,802 to reimburse the LA County Department of Public Works for the cost of force account labor and equipment used in the extra monitoring effort at Big Tujunga Dam after the disaster. However, DSR 04545 was later determined ineligible because the monitoring work was considered a normal duty of the subgrantee.
The subgrantee submitted its first appeal on August 7, 1995, and contended that the extra monitoring work was performed on a daily basis due to the effects of the disaster rather than on a monthly or weekly basis under normal circumstances. The Disaster Recovery Manager denied the first appeal on December 11, 1995, on the basis that the work performed was damage assessment that is covered under the subgrantee's statutory allowance for administrative costs.
The subgrantee submitted its second appeal on December 11, 1995, and claimed that the extra monitoring work was of an emergency nature and became of much greater importance with respect to the safety of the population within the downstream inundation zone. In the transmission of the appeal to FEMA, the State cited Section 403(a) of the Stafford Act and 44 CFR 206.225 authorizing FEMA to provide reimbursement to eligible subgrantees for work and services to save lives, protect public health and safety, and protect property.
Issue: Did the subgrantee perform work of an emergency nature?
Rationale: In accordance with 44 CFR 206.228(a)(4), only the overtime labor costs and benefits, and equipment costs relating to the extra monitoring work (safety inspections) performed by the subgrantee should be eligible for public assistance.