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Second Appeal Brief
PA ID# 031-52000; Town of Pine Knoll Shores
PW ID# 644-1; Final Inspection De-obligation
Citation: FEMA-1292-DR-NC; Town of Pine Knoll Shores, Final Inspection De-obligation; PW 644-1
Cross-reference: Debris Removal, Actual Documented Costs
Summary: As a result of Hurricane Floyd, the Town of Pine Knoll Shores (Town) suffered damage and debris throughout the Town. The Town had two contractors under standing time and material contracts for debris removal. Both contractors proceeded with the clean up shortly after the event and completed their work in October 1999. On December 3, 1999, the Federal Emergency Management Agency (FEMA) approved Project Worksheet (PW) 644-0 in the amount of $221,571 for debris removal. FEMA performed a final inspection on June 28, 2000, and identified a $1,001 overrun. However, before the Disaster Recovery Manager approved the report, the regional staff determined that the unit cost of $21.87 per cubic yard was not reasonable. FEMA subsequently prepared a revised Final Inspection Report and de-obligated $51,382 because the Town did not document the actual volume of debris removed. The Town appealed this determination on January 3, 2001, stating that the contractor completed the work adequately and responsibly, and the FEMA cost codes for equipment rates were not reasonable for determining eligible costs charged by private corporations. Also, it stated that there were mathematical errors in the report. The Acting Regional Director denied the appeal based on the Towns failure to submit documentation supporting its appeal. The Town submitted its second appeal on July 31, 2001. The State supports the appeal. The amount requested is $56,459.
Issues: Are the Towns claimed costs reasonable?
Findings: No. There is no documentation to support the Towns claimed costs. Therefore, eligible costs are based on the FEMA estimate. However, an additional $6,763 is eligible to correct mathematical errors in the Final Inspection Report.
Rationale: 44 CFR §206.204(e)(2); 44 CFR §13.20