Appeal Brief | Appeal Letter | Back
Second Appeal Letter
PA ID# 071-99071-00; San Bernadino County
PW ID# 973 & 1155; Net Small Project Overrun
January 4, 2010
Governor’s Authorized Representative
Office of the Secretary
California Emergency Management Agency
3650 Schriever Avenue
Mather, California 95655
Re: Second Appeal–San Bernadino County, PA ID 071-99071-00, Net Small Project Overrun, FEMA-1498-DR-CA, Project Worksheets (PW) 973 and 1155
Dear Mr. McCarton:
This letter is in response to your letter dated April 27, 2009, which transmitted the referenced second appeal on behalf of San Bernadino County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $33,444 for PW 973 and $20,974 for PW 1155.
The Applicant had 93 small project worksheets approved for this disaster. The last small project was documented as complete on January 14, 2008.
The Applicant submitted its Net Small Project Overrun (NSPO) requesting additional funds for several small projects on March 14, 2008. The Applicant’s NSPO was based on its total small project cost of $2,283,482 and FEMA’s approved small project amount of $1,600,236 which resulted in an overrun amount of $683,246. On May 1, 2008 the California Emergency Management Agency (CalEMA, formerly known as the Governor’s Office of Emergency Services) forwarded the appeal to FEMA recommending approval.
On September 29, 2008, FEMA met with the Applicant to review and collect the supporting documentation for its small project overruns. On November 5, 2008, FEMA received the remainder of the required documentation via email from the Applicant. FEMA determined that $2,227,971 of the claimed $2,283,482 was eligible for funding. The Applicant did not provide supporting documentation to substantiate the remaining amount. FEMA partially approved the NSPO for $627,734 on December 10, 2008.
On February 27, 2009, the Applicant submitted a second appeal for PWs 973 and 1155 for $33,444 and $20,974 respectively. The Applicant stated that FEMA had approved $66,444 of $99,888 it spent to accomplish the scope of work in PW 973, and $81,594 of $102,568 for the scope of work in PW 1155. The Applicant submitted the missing documentation (e.g., invoices, force account labor and equipment summaries, and contract work and materials summaries) to support the costs that FEMA determined were not properly documented in the first appeal. CalEMA forwarded the second appeal to FEMA on April 27, 2009, and recommended approval.
In its appeal, the Applicant requested an additional $33,444 for PW 973 and $20,974 for PW 1155. The final project documentation provided by the Applicant only supported an additional $23,249 for PW 973 and the full requested amount of $20,974 for PW 1155.
I have reviewed the information submitted with the appeal and have determined that the Applicant’s documentation supports additional NSPO funding in the amount of $44,223. Accordingly, I am partially granting the second appeal. By copy of this letter, I am requesting that the Regional Administrator take appropriate action to implement this determination.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Elizabeth A. Zimmerman
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX