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Second Appeal Letter
PA ID# 009-99009-00; Cattaraugus County
PW ID# 1083; Allowable Costs
March 5, 2012
New York State Office of Emergency Management
1220 Washington Avenue
Building 22, Suite 101
Albany, New York 12226-2251
Re: Second Appeal–Cattaraugus County, PA ID 009-99009-00, Equipment and Supplies, FEMA-1857-DR-NY, Project Worksheet (PW) 1083
Dear Mr. Kuhr:
This is in response to a letter from your office dated August 18, 2011, which transmitted the referenced second appeal on behalf of Cattaraugus County (Applicant). The Applicant is appealing the Department of Homeland Security’s (DHS) Federal Emergency Management Agency’s (FEMA) denial of funding in the amount of $33,537 for the purchase of an incident management system, DisasterLAN Local Responder (DLAN).
On August 8-10, 2009, Cattaraugus County experienced severe storms and flooding, and was designated as part of a major disaster declared on September 1, 2009 (FEMA-1857-DR-NY). FEMA prepared PW 1083 on January 15, 2010, for the cost of DLAN and direct administrative costs in the amount of $34,113. During a final review, FEMA found the PW ineligible, because the Applicant did not provide documentation that their acquisition of the DLAN system was needed and used directly for the disaster in which the funding was requested.
On September 29, 2010, the New York State Office of Emergency Management (State) forwarded the Applicant’s first appeal. FEMA denied the Applicant’s appeal on June 9, 2011, stating that the DLAN system was not purchased by the Applicant during the disaster and therefore was not eligible for funding under the FEMA-1857-DR-NY event.
The Applicant submitted its second appeal on August 16, 2011. Along with the second appeal, the Applicant submitted a letter of intent from the Applicant to Buffalo Computer Graphics (vendor) dated May 13, 2010, a copy of a canceled check to the vendor dated April 27, 2011, and an invoice dated October 20, 2010.
In Presidentially declared major disasters and emergencies, FEMA may provide funding for costs that are the direct result of the incident. With specific regard to equipment and supplies, Disaster Assistance Policy DAP9525.12, Disposition of Equipment, Supplies and Salvageable Materials, Section VII.B., dated August 14, 2008, states that, “FEMA will reimburse Grantees and subgrantees through a project worksheet (PW) for purchasing supplies and equipment that are necessary to respond to a disaster. The items must be needed for, and used directly on, the disaster for which funding was provided.”
The incident period for FEMA-1857-DR-NY was from August 8 -10, 2009. While the Applicant utilized a DLAN system purchased by a neighboring jurisdiction after this event, the DLAN system that the Applicant purchased was not installed until July 2010, almost a full year later. The DLAN system that was purchased by the Applicant was not used during the disaster for which funding is being requested as required by Disaster Assistance Policy DAP9525.12, Disposition of Equipment, Supplies and Salvageable Materials.
I have reviewed the information submitted with the appeal and have determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
cc: Lynn Canton
FEMA Region II