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Second Appeal Summary
PA ID# 073-66000; City of San Diego
DSR ID# 52061; El Ni?o storms and floods: Sewer & storm drains
Citation: FEMA-1203-DR-CA; City of San Diego; PA ID 073-66000; DSR 52061
Cross Reference: El Ni?o storms and floods; Sewer system damage; eligible facility repairs.
Summary: The City of San Diego requested federal assistance following the 1998 storms caused by El Ni?o for damages its storm drain system in the Princess del Sol subdivision sustained. FEMA approved DSR 52061 for $0 because the City had previously determined that the system was in a deteriorated condition and was in the process of scheduling work to reconstruct the system. The City submitted costs of $1,664,383 and requested an independent FEMA/OES review of the project when FEMA denied reimbursement. The review team found that although the system was in need of replacement, FEMA should nevertheless pay the difference between the bid and actual costs of the project--$356,669. Neither the State nor federal Public Assistance Officer concurred with the determination and suggested that the applicant appeal to FEMA. In response to the first appeal, which did not clearly define the damages that were directly caused by the disaster, the Regional Director denied the appeal stating that by failing to replace the storm drains as had been scheduled, the City failed to prevent the predictable loss of backfill leading to the emergency conditions. In this second appeal, the applicant is requesting FEMA to reimburse the City for emergency measures it undertook during the floods when the sinkholes appeared on the public right-of-ways. It awarded the rebuilding contract to the second lowest bidder because the lowest bidder was unable to mobilize due to other commitments. The work was accomplished for $1,891,055 or $968,303 over the original bid. The applicant is submitting eight emergency items that cost $315,841 for FEMA to reimburse.
Issue: Should FEMA fund items of emergency work that became necessary because of the disaster?
Findings: FEMA concurs with the State's recommendation to fund $315,841 for emergency repairs to the damaged facility. Although the permanent repairs of the storm drain system was ineligible, the emergency measures were eligible for federal assistance.
Rationale: 44 CFR