PA ID# 055-UP3ZT-00; Spanish Flat Water District
PW ID# 173; Sewer Treatment Plant Effluent Pond
May 22, 2012
Mr. Mark Ghilarducci
California Emergency Management Agency
3650 Schriever Avenue
Re:Second Appeal—Spanish Flat Water District, PA ID 055-UP3ZT-00, Sewer Treatment Plant Effluent Pond, FEMA‑1646‑DR‑CA, Project Worksheet (PW) 173
Dear Mr. Ghilarducci:
This letter is in response to a letter from your office dated June 11, 2009, which transmitted the referenced second appeal on behalf of the Spanish Flat Water District (Applicant).The Applicant is appealing the Department of Homeland Security's Federal Emergency Management Agency's (FEMA) denial of funding for a portion of the contract repairs to the effluent pond levee.
As explained in the enclosed analysis, I have determined that the cost plus percentage contract used by the Applicant is not allowed.However, the work performed is eligible and the contractor’s costs of $316,971 are reasonable.Accordingly, I am granting this appeal for a total PW amount of $352,420 which includes $35,449 in other eligible costs (geotechnical services, force account labor, fencing, and trucking services).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.