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Second Appeal Brief
PA ID# 086-U7KTQ-00; Mount Sinai Medical Center
PW ID# 2037, 2038, 3368; Sheltering Costs
FEMA-1545/1561-DR-FL, Mount Sinai Medical Center, PWs 2037, 2038, 3368, Sheltering Costs
Emergency Protective Measures; Increased Operating Expenses; Temporary Shelter
As a result of Hurricanes Frances and Jeanne (FEMA-1545/1561-DR-FL), Mount Sinai Medical Center (Applicant) incurred costs for force account labor (overtime) and food and beverage supplies while operating as a “Medical Maintenance Facility” (MMF) under its agreement with the Miami-Dade Office of Emergency Management. Designated employees remained on site to maintain medical capabilities during emergencies. Oxygen- and electricity-dependent individuals from the community were accepted at the facility during these periods. PWs 2037, 2038 (1561-DR-FL), and 3668 (1545-DR-FL) were submitted for force account labor overtime and food supplied, totaling $835,219.75. FEMA denied these PWs because the costs were determined to be increased operating expenses. In its first appeal dated July 28, 2005, the Applicant asserted that the overtime and materials costs were “the result of a ‘lock down’ mode that was activated in accordance with [Applicant’s] emergency operating procedure developed to meet the sheltering needs required by the Miami-Dade Office of Emergency Management” and thus eligible. On November 5, 2005, FEMA denied the Applicant’s first appeal, stating the claimed costs were on-going operating expenses and thus ineligible. The Applicant filed a second appeal with FEMA on March 20, 2006.
(1) Are the costs claimed for emergency work eligible for reimbursement?
(1) No. The costs are for increased operating expenses.
FEMA 322, Public Assistance Guide