Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 081-71000-00; City of Chandler
PW ID# 842; Debris Removal
SECOND APPEAL BRIEF
City of Chandler, PA ID 081-71000-00
Debris Removal, Project Worksheet 842
Citation: FEMA-1735-DR-OK, City of Chandler, Debris Removal, Project Worksheet (PW) 842
Reference: Debris Removal, Debris Monitoring, Documentation
Summary: An ice storm in December 2007 deposited vegetative debris onto the City of Chandler’s (Applicant) roads and certain properties maintained by the Applicant. FEMA prepared PW 842 in the amount of $196,294 for collection and disposal of 28,042 cubic yards (CY) of debris. In its first appeal, dated May 22, 2008, the Applicant appealed this amount, requesting an additional $346,634 because it claimed the actual debris quantity was between 50,724.95 CY, per the Oklahoma Department of Emergency Management close-out audit and the contractor’s invoice. The Regional Administrator denied the appeal because the Applicant’s contractor improperly prepared load tickets, overstated debris amounts, and allowed ineligible debris to be mixed with eligible debris. In its second appeal, dated April 24, 2009, the Applicant reiterated its arguments and claims from the first appeal, and provided documentation indicating load amounts of its contractor’s debris removal measures.
Issues: Did the Applicant provide sufficient documentation to support an additional $346,634 for debris removal costs?
Rationale: 44 CFR §206.205(b), Large Projects; 44 CFR §206.202(b)(4).