Construction Inspection Costs
Appeal Brief
Appeal Letter
Citation: FEMA-1053-DR-IL, DSR 90125; FEMA-1025-DR-IL, DSR 90130; Calhoun County Unit Road District; PA ID 013-91001.
Cross Reference: Storms and floods; construction inspection costs.
Summary: The Calhoun County Unit Road District requested and received federal assistance to repair damaged roads following the 1994 and 1995 disasters. In March 1999, the County Engineer wrote FEMA requesting that construction inspection expenses be paid by FEMA for disasters that occurred in 1993, 1994 and 1995. FEMA prepared DSRs 90130 (DR-1025) and 90125 (DR-1053) for $19,604 and $34,225 respectively representing 3% of the total costs of the approved DSRs that were written for these disasters. FEMA subsequently determined that the DSRs were ineligible because construction inspection costs were covered under the subgrantee's administrative allowance. The County appealed the determination in December 1999. The Illinois Emergency Management Agency recommended that FEMA not overturn the previous determinations. On May 4, 2000, the Regional Director denied the appeals because construction inspection costs were covered in the subgrantee's administrative allowance. On July 19, 2000, the applicant submitted a second appeal of FEMA's determinations of DSRs 90130 and 90125 indicating that records were not kept of the work that was performed and that was being claimed. No supporting documentation accompanied the letter.
Issue: Are the construction inspection costs claimed by the applicant eligible for reimbursement?
Findings: No. Due to the untimeliness of the claim and the absence of records verifying the work, the issue of construction inspection costs cannot be entertained. These costs were requested more than four years after the disasters.
Rationale: 44 CFR Ch. 1 (10-1-96 Edition), 206.202 (d) (1)
Appeal Brief
| Disaster | FEMA-1025-DR |
| Applicant | Calhoun County Unit Road District |
| Appeal Type | Second |
| PA ID# | 013-91001 |
| PW ID# | 90130 & 90125 |
| Date Signed | 2000-12-29T05:00:00 |
Cross Reference: Storms and floods; construction inspection costs.
Summary: The Calhoun County Unit Road District requested and received federal assistance to repair damaged roads following the 1994 and 1995 disasters. In March 1999, the County Engineer wrote FEMA requesting that construction inspection expenses be paid by FEMA for disasters that occurred in 1993, 1994 and 1995. FEMA prepared DSRs 90130 (DR-1025) and 90125 (DR-1053) for $19,604 and $34,225 respectively representing 3% of the total costs of the approved DSRs that were written for these disasters. FEMA subsequently determined that the DSRs were ineligible because construction inspection costs were covered under the subgrantee's administrative allowance. The County appealed the determination in December 1999. The Illinois Emergency Management Agency recommended that FEMA not overturn the previous determinations. On May 4, 2000, the Regional Director denied the appeals because construction inspection costs were covered in the subgrantee's administrative allowance. On July 19, 2000, the applicant submitted a second appeal of FEMA's determinations of DSRs 90130 and 90125 indicating that records were not kept of the work that was performed and that was being claimed. No supporting documentation accompanied the letter.
Issue: Are the construction inspection costs claimed by the applicant eligible for reimbursement?
Findings: No. Due to the untimeliness of the claim and the absence of records verifying the work, the issue of construction inspection costs cannot be entertained. These costs were requested more than four years after the disasters.
Rationale: 44 CFR Ch. 1 (10-1-96 Edition), 206.202 (d) (1)
Appeal Letter
December 29, 2000
Mr. David L. Smith, Chief
Disaster Assistance and Preparedness
Illinois Emergency Management Agency
110 East Adams Street
Springfield, Illinois 62701
Re: Second Appeal: Calhoun County Unit Road District, P.A. ID 013-91001, Construction Inspection Costs, FEMA-1025-DR-IL, DSR 90130; and FEMA-1053-DR-IL, DSR 90125.
Dear Mr. Smith:
This is in response to your July 24, 2000, letter forwarding the Calhoun County Unit Road District's July19, 2000, second appeal of Damage Survey Reports (DSRs) 90130 and 90125. FEMA wrote these DSRs for construction inspection services and subsequently determined that they were ineligible for funding.
The Calhoun County Engineer submitted a March 30, 1999, letter requesting that FEMA pay for construction inspection costs incurred in flood disasters going back to 1993. Specifically, the engineer requested $19,604 for DR-1025 and $34,225 for DR-1053. FEMA wrote DSRs for these amounts and subsequently determined that they were ineligible for funding because they believed these costs were covered under the subgrantee's administrative allowance. The Regional Director sustained this decision on first appeal in a letter dated May 4, 2000.
I have reviewed the information submitted with the second appeal. The inspection costs the applicant claimed might have been eligible costs because they are associated with project management rather than grant management but, these costs, which were claimed more than four years after the disasters, were not documented. The engineer by his own admission did not keep records. Due to the untimeliness of the claim and the absence of records verifying the work done, the issue of construction inspection costs cannot be entertained. Therefore, I am denying the second appeal.
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: Janet M. Odeshoo
Acting Regional Director
FEMA Region V
Mr. David L. Smith, Chief
Disaster Assistance and Preparedness
Illinois Emergency Management Agency
110 East Adams Street
Springfield, Illinois 62701
Re: Second Appeal: Calhoun County Unit Road District, P.A. ID 013-91001, Construction Inspection Costs, FEMA-1025-DR-IL, DSR 90130; and FEMA-1053-DR-IL, DSR 90125.
Dear Mr. Smith:
This is in response to your July 24, 2000, letter forwarding the Calhoun County Unit Road District's July19, 2000, second appeal of Damage Survey Reports (DSRs) 90130 and 90125. FEMA wrote these DSRs for construction inspection services and subsequently determined that they were ineligible for funding.
The Calhoun County Engineer submitted a March 30, 1999, letter requesting that FEMA pay for construction inspection costs incurred in flood disasters going back to 1993. Specifically, the engineer requested $19,604 for DR-1025 and $34,225 for DR-1053. FEMA wrote DSRs for these amounts and subsequently determined that they were ineligible for funding because they believed these costs were covered under the subgrantee's administrative allowance. The Regional Director sustained this decision on first appeal in a letter dated May 4, 2000.
I have reviewed the information submitted with the second appeal. The inspection costs the applicant claimed might have been eligible costs because they are associated with project management rather than grant management but, these costs, which were claimed more than four years after the disasters, were not documented. The engineer by his own admission did not keep records. Due to the untimeliness of the claim and the absence of records verifying the work done, the issue of construction inspection costs cannot be entertained. Therefore, I am denying the second appeal.
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: Janet M. Odeshoo
Acting Regional Director
FEMA Region V
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