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Second Appeal Brief
PA ID# 081-71000-00; City of Stroud
PW ID# 851; Debris Removal
Citation: FEMA-1735-DR-OK, City of Stroud, PW 851
Reference: Debris Removal
Summary: An ice storm from December 8, 2007, through January 3, 2008, deposited large quantities of vegetative debris in the Applicant’s maintained and owned properties. FEMA determined that PW 851 was ineligible and approved for lack of documentation to support the time and material invoices that the Applicant first submitted for $866,377, and later revised to $723,471. The Oklahoma Department of Emergency Management (DODEM) audit concluded the Applicant documentation supported $557,843. DODEM’s audit identified operator hours (1,533 hours) to be only 70% of the identified equipment hours (2,218). The Applicant submitted its second appeal dated May 29, 2009. The Regional Administrator agreed with the initial determination stating that the review of the documentation such as payroll charges and equipment tally sheets, showed duplication of charges with the towns of Wellston and Davenport. In addition, the Regional Administrator noted that daily sign in sheets had unexplained changes and invoices had been submitted repeatedly with no detail and significantly different amounts with no explanation for the changes. The Applicant argued in the second appeal that the closeout audit identified the supporting documentation for $557,843 in contractor fees performed within the 70-hour period.
It usually takes two people to properly operate the equipment the Applicant used to clear debris from the roads. Therefore, the 1,533 labor hours support 767 equipment hours.
Issue: Is the work documented on PW 851 eligible for funding under the PA program?
Finding: Yes. Only 35 percent of the requested costs are eligible.
Rationale: 44 Code of Federal Regulations §206.224 Debris removal