Moss Landing Marine Laboratory- Temporary Rental Space

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-845-DR-
ApplicantCalifornia State University
Appeal TypeSecond
PA ID#000-92010
PW ID#01690
Date Signed2000-08-30T04:00:00
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.

Appeal Letter

August 30, 2000


Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741-9023


RE: Moss Landing Marine Laboratory, California State University, FEMA-845-DR, 000-92010, Rental Costs DSRs 92436 DSRs 92436/91340/83432/39002/01690,78324/18896/34676/91352, 18897/83433, and 83428.

Dear Mr. Christian:

This is in response to your November 2, 1999, letter forwarding the second appeal of Damage Survey Reports (DSRs) 92436/91340/83432/39002/01690, 78324/18896/34676/91352, 18897/83433, and 83428 submitted by the California State University to OES on September 17, 1999. The applicant has requested additional funding for temporary rental costs through December 31, 2000, when it anticipates it will have completed the relocation of staff from temporary rental locations to the new Moss Landing Marine Laboratory facility. Although the subgrantee has not cited the additional funding amount for which it is appealing, your office states that the amount is under $253,928. Funding for the relocation and temporary rental costs was previously limited to a fixed-limit grant, with rental costs reimbursed through December 31, 1997, as this project was determined to be an improved project.

FEMA has reviewed your second appeal submittal and determined that some of the requested funding does include eligible costs over and the above the improved project fixed limit previously determined. In making my decision, I have reviewed the project file, the first appeal response, and my recent December 9, 1999, second appeal response regarding the new Moss Landing Marine Laboratory building project.

DSR 01690, as approved on June 24, 1999, provided $334,572 in additional funding for relocation and temporary rental costs through December 31, 1997, bringing the total approved amount for such costs to $2,639,766. DSR 01690 provided the final funding adjustment for these costs and determined that funding was capped, as the requested scope of rental reimbursement was an improved project. In a related matter, FEMA's December 9, 1999, second appeal response provided $1,498,635 in additional reimbursement as the final funding adjustment for the marine laboratory building "improved project". FEMA determined that most of the requested expenses were eligible because it was agreed that the intent of DSR 44756 was to fund the actual costs for archeological work, monitoring and construction delays resulting from the previously agreed to National Historic Preservation Act mitigation requirements.

In review, I have determined that some of the additional temporary rental costs are eligible for reimbursement. However, it is not reasonable for the applicant to except reimbursement for all rental costs incurred for the improved project. It is also noted that the revised permits for construction were approved in June 1997, approximately two years after the original construction start date. Therefore, I have determined that an additional two years of rental funding, ending on December 31, 1999, is appropriate. Accordingly, the applicant's appeal is partially approved and additional funding of $169,286 is found eligible for temporary rental costs. All eligible relocation costs were previously funded in other project DSRs. With the approval of the additional $169,286 in eligible costs, the final eligible amount for relocation and temporary rental costs is $2,809,052.

No further funding will be considered for this project. By copy of this letter, I am requesting that the Regional Director at Region IX process a DSR for the approved amount as fixed-limit grant to cover the additional rental expenses. Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.

Sincerely,

/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate


cc: Martha Z. Whetstone
Regional Director
FEMA Region IX
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