Debris Removal

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1606-DR
ApplicantCity of Lufkin
Appeal TypeSecond
PA ID#005-45072-00
PW ID#1360
Date Signed2009-05-22T04:00:00

FEMA-1606-DR-TX

City of Lufkin; PA ID 0005-45072-00

Debris Removal, Project Worksheet 1360-1

 

Citation:         FEMA-1606-DR-TX, City of Lufkin, Debris Removal, Project Worksheet (PW) 1360-1

 

Cross

Reference:      Debris Removal; Force Account Labor; Equipment Costs

 

Summary:      As a result of Hurricane Rita, the City of Lufkin (Applicant) conducted vegetative debris activities.  FEMA prepared PW 1360, on October 27, 2005, and stated work was 100 percent complete.  On February 9, 2006, FEMA obligated $309,174 for debris removal.  The Applicant contends work continued through the summer of 2006 and requested additional funding.  The request was originally denied as the Applicant failed to submit supporting documentation.  Subsequent to the denial, the Applicant submitted additional documentation to support $85,241 of the requested $219,902. 

 

Issue:              Did the Applicant continue to perform eligible debris removal and grinding operations beyond the stated date on PW 1360?

 

Finding:          Yes.

 

Rationale:       44 CFR§§206.223, and 206.224.

 

Appeal Letter

 

May 22, 2009

 

  

Philip Anders

Alternate State Coordinating Officer

Division of Emergency Management

Office of the Governor

Hurricane COF

5425 Polk Street

Mail Slot O

Houston, TX 77023-1423

 

RE:  Second Appeal–City 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 Security’s Federal Emergency Management Agency’s (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 26, 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 City’s 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 26, 2005.  However, the Applicant submitted an equipment rate of $144 per hour for the applicant-owned 14-foot tub grinder, while FEMA’s equipment rate for a 14-foot tub grinder is $78 per hour.  Using FEMA’s 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.  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.

Sincerely,

/s/

James A. Walke

Acting Assistant Administrator

Disaster Assistance Directorate

cc:        Gary Jones

Acting Regional Administrator

            Region VI

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