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Second Appeal Brief
PA ID# 099-17100-00; City of Delray Beach
PW ID# 87; Debris Removal
SECOND APPEAL BRIEF
City of Delray Beach, PA ID 099-17100-00,
Debris Removal, Project Worksheet (PW) 187
Citation: FEMA-1545-DR-FL, City of Delray Beach, Debris Removal, PW 187
Reference: Debris Removal, Eligible Costs
Summary: As a result of Hurricane Frances the city of Delray Beach (Applicant) executed a unit price contract for debris removal operations and collected approximately 204,549 cubic yards (CY) of eligible debris. The debris operations included picking up and hauling debris to a temporary site, grinding the debris, managing the temporary debris site, and transferring the ground debris to the landfill. FEMA documented this work on PW 187. Upon final review of PW 187, FEMA determined that the Applicant’s contractor had overcharged the Applicant for hauling the ground debris from the temporary site to the landfill. The contract stipulated that the Applicant would pay the contractor a price for each cubic yard of ground debris it hauled. The contractor did not provide load tickets to document the volume of ground debris it hauled to the landfill. Rather, it charged the Applicant for transporting the unreduced amount that it picked up and hauled to the temporary site (204,549 CY). FEMA debris guidance states that normally grinding reduces vegetative debris by a 4 to1 ratio. However, FEMA decided to use the Applicant’s reduction ratio of 2.33 to 1. This resulted in a reduction of $494,990.75 in eligible funding to PW 187. The Applicant asserts that it utilized its standard procurement processes and awarded the contract to the lowest bidder that was lower than other bidders; therefore, its operations were cost effective and reasonable in accordance to 44 CFR § 13.36(d)(3)(v).
Issue: Is the cost the Applicant paid for debris that the contractor did not remove eligible for reimbursement?
Rationale: 44 CFR § 206.223(a)(1), General Work Eligibility