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Second Appeal Summary
PA ID# 000-92010; California State University
DSR ID# 01690; Moss Landing Marine Laboratory- Temporary Rental Space
Citation: Moss Landing Marine Laboratory, California State University, FEMA-845-DR, DSRs 92436/91340/83432/39002/01690, 78324/18896/34676/91352, 18897/83433,and 83428.
Cross-Reference: Subject: Additional funding over and above fixed limit amount for an "improved project" to cover rental costs incurred partially because of additional Section 106 mitigation work. Additional Section 106 mitigation work and costs approved in FEMA December 9, 1999, second appeal response letter. FEMA Record: DSRs 92436/91340/83432/39002/01690, 78324/18896/34676/91352, 18897/83433, and 83428.
Summary: FEMA has funded the costs of reconstruction of the Moss Landing Marine Laboratory facility onto a new site following its destruction by the Loma Prieta Earthquake. FEMA has also funded relocation and temporary rental costs associated with temporary trailers and permanent buildings in use until new laboratory facility was completed. Large project closeout DSR 01690 provided additional funding of $334,572 in June 1999, bringing the total relocation and rental funding to date to $2,639,766. This DSR provided funding for all relocation costs and the costs of temporary rental space through December 31, 1997, and capped funding as an "improved project". CSU asks that rental funding be provided until December 31, 2000. The grantee supports $253,928 in additional rental funding.
Issues: Does the additional funding provided in the December 9, 1999, second appeal response for the building project affect the "improved project" determination for the relocation and temporary rental costs?
Findings: The December 9,1999, second appeal response provided additional funding for costs related to unanticipated archeological features at the new building site. Some of this additional funding was for construction contract work that extended the construction contract date of completion. It is therefore reasonable to revisit the cut-off date for temporary rental costs. It is determined that additional funding will be provided for two more years of temporary rent costs, to December 31, 1999, for an additional amount of $169,286. With this additional funding, the final eligible amount for relocation and temporary rental costs will be $2,809,052.
Rationale: The December 9,1999, second appeal response recognized that the Section 106 mitigation procedures increased the eligible costs of the project and implicitly acknowledged that the same mitigation procedures increased the time necessary to complete the improved project. 44 CFR 206.225 is also correct to limit the amount of temporary rental funding to a reasonable amount of time associated with the completion of the eligible project.