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Second Appeal Brief
PA ID# 095-UT5BZ-00; Urban Orlando Community Development District
PW ID# Multiple project worksheets; Tree Standing Activities
FEMA-1539-DR-FL, City of Orlando, FL, PW 5147Stump Debris RemovalCross
Debris Removal; StumpsReference:Summary:
On May 31, 2005, the Federal Emergency Management Agency (FEMA) prepared PW 5147 for eligible stump removal costs incurred as a result of heavy rain and wind caused by Hurricane Charley. FEMA reduced the amount the City of Orlando (Applicant) requested by $843,098.70 because the costs were excessive.
In a letter dated November 14, 2005, the Applicant appealed FEMAs denial of stump removal costs in the amount of $842,098.70. In a letter dated May 8, 2007, the Regional Administrator denied the Applicants first appeal stating a lack of substantiating documentation to verify $166,158.20 associated with the removal of stumps greater than 24 inches in diameter. The Regional Administrator also denied $675,940.50 for unit contract costs associated with the removal of stumps 24 inches or less in diameter based upon the memorandum dated May 13, 2005, from the former Director of Recovery. The memorandum stated that stumps 24 inches or less in diameter should be reimbursed at the cubic rate for regular vegetative debris rather than at a per stump removal rate.
The Applicants second appeal dated July 18, 2007, includes documentation to support $166,158.20 for costs associated with stumps greater than 24 inches in diameter. The Applicant reiterates its position that $675,940.50 for unit contract costs associated with the removal of stumps less than 24 inches in diameter are eligible based on the guidance that existed at the time the work was completed. Issues:
1. Are costs associated with the removal of stumps 24 inches or greater in diameter eligible for Public Assistance funding?
2. Are unit contract costs associated with the removal of stumps 24 inches or less in diameter eligible for Public Assistance funding?Findings:
2. No. Rationale:
44 CFR §206.202; 44 CFR §206.224.