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Second Appeal Brief
PA ID# 059-99059-00; Fairfax County
PW ID# 399; Emergency Protective Measures
Citation: FEMA-1874-DR-VA; Fairfax County, Emergency Protective Measures, PW 399
Reference: Emergency Protective Measures; Work Eligibility
Summary: As a result of the severe winter storms and snowstorms that occurred in December 2009, Fairfax County’s (Applicant’s) Fire and Rescue Department (FRD) participated in emergency response activities. The Applicant requested reimbursement from FEMA for labor, equipment, and material costs totaling $781,600. FEMA prepared PW 399 for the FRD costs and determined the PW to be ineligible, because the Applicant did not provide information regarding the specific work that was performed which was needed to demonstrate that the work was required as a direct result of the event.
In its first appeal, the Applicant stated that a portion of the FRD’s gross costs for emergency response during the event is associated with eligible emergency protective measures, but the dispatch system does not provide sufficiently detailed data to determine which emergency calls were eligible for funding. The Applicant requested that FEMA fund the work performed by the FRD during the incident period based on a 38.65 percent increase in total aggregated incident response time over the summation of response time for the week before the event. The Regional Administrator denied the first appeal because the Applicant did not provide a basis for the proposed percentage of total costs and determined that the labor and equipment costs requested were not eligible.
In its second appeal, the Applicant states that the funding requested for $355,120 is associated with eligible emergency work that was conducted as a direct result of the event and that the costs are fully supported by the documentation submitted. The Applicant requests that FEMA consider funding a percentage (38.65%) of the total FRD costs, because the percentage is a reasonable representation of eligible costs and was developed in collaboration with FEMA.
Issue: 1. Did the FRD perform emergency work that was required as a result of the event?
2. Is the percentage of costs based on increased incident response time, as proposed by the Applicant, an appropriate method to estimate eligible costs?
Finding: 1. Yes. A portion of the work associated with the claimed costs was eligible.
2. No. Call logs submitted by the Applicant provide enough detail to determine which calls were required as the result of the event and can be used to estimate a cost associated with eligible emergency work.
Rationale: 44 CFR §206.223(a) General work eligibility