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Second Appeal Letter
PA ID# 005-45072-00; City of Lufkin
PW ID# Project Worksheet 1360-1; Debris Removal
May 22, 2009
Alternate State Coordinating Officer
Division of Emergency Management
Office of the Governor
5425 Polk Street
Mail Slot O
Houston, TX 77023-1423
RE: Second AppealCity of Lufkin, PA-ID 0005-45072-00, Debris Removal
FEMA-1606-DR-TX, Project Worksheet (PW) 1360-1
Dear Mr. Anders:
This letter is in response to a letter from your office dated August 13, 2008, which transmitted the referenced second appeal on behalf of the City of Lufkin (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of $219,902 for force account labor and equipment costs for the debris removal and grinding operation that continued after the initial 34-day debris removal period captured on PW 1360.
As a result of Hurricane Rita, the Applicant performed vegetative debris removal activities. FEMA prepared PW 1360 as 100 percent complete as of October 27, 2005, to coincide with the original deadline for 100 percent funding of debris removal. On August 18, 2006, FEMA extended 100 percent funding for debris removal activities until June 30, 2006, and thereafter, 90 percent federal funding for debris removal activities. In a letter dated October 5, 2007, the Applicant requested additional funding for debris removal activities from October 28, 2005, through and beyond June 30, 2006. In the letter dated October 5, 2007, the Applicant noted that the damage description and scope of work in PW 1360 incorrectly stated that the work was 100 percent complete as of October 27, 2005. FEMA denied the initial request because PW 1360 stated work was 100 percent complete as of October 27, 2005, and the Applicant did not submit documentation justifying the need for additional funding.
On January 2, 2008, the Applicant submitted its first appeal for $219,902 for grinding activities that remained after October 27, 2005, until June 26, 2006. FEMA never wrote a PW for debris activities that continued after October 26, 2005. The Applicant reiterated that the scope of work and damage description for PW 1360 incorrectly indicated how much debris it hauled and processed in the first 34 days.
On April 7, 2008, the Regional Administrator denied the appeal stating that the Applicant did not submit documentation supporting the continuation of debris collection beyond October 27, 2005. The haul tickets submitted did not list the type and quantities of debris collected. The Applicant did not submit documentation describing the methods used for separating Hurricane Rita debris and the Citys standard debris.
On June 24, 2008, the Applicant submitted its second appeal. The Applicant submitted haul records from October 29, 2005, through December 5, 2005, and photos showing that the grinding portion of the debris operations was not 100 percent complete on October 27, 2005.
After completing a thorough review of the documentation submitted, FEMA agrees the Applicant continued debris collection and grinding after October 27, 2005. However, the Applicant submitted an equipment rate of $144 per hour for the applicant-owned 14-foot tub grinder, while FEMAs equipment rate for a 14-foot tub grinder is $78 per hour. Using FEMAs 2005 Schedule of Equipment Rates, $97,936, minus $12,695 in salvage value for vegetative debris sold as mulch, is eligible force account and equipment costs (see enclosure). Accordingly, I am partially granting the appeal for $85,241. By copy of this letter, I am requesting the Regional Administrator to take appropriate action to implement this determination.
Please inform the Applicant of my decision. My decision is the final determination on this matter pursuant to 44 CFR §206.206, Appeals.
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Gary Jones
Acting Regional Administrator