PA ID# 059-99059-00; Fairfax County
PW ID# 512 and 513; Emergency Protective Measures
Citation: FEMA-1905-DR-VA; Fairfax County, Emergency Protective Measures, PWs 512 and 513
Cross - Reference: Emergency Protective Measures; Work Eligibility
Summary: As a result of the severe winter storms and snowstorms that occurred in February 2010, Fairfax County’s (Applicant) Department of Public Safety and Communications (DPSC) and Sheriff’s office participated in emergency response activities. The Applicant requested funding for DPSC staff working longer than normal shifts at the call center and for those employees called in on normal days off during the event. For the Sheriff’s office, the Applicant requested funding for employees working during the event who were involved in the 24-hour operation of the Adult Detention Center, including booking new inmates and guarding inmates being treated at medical facilities; serving restraining and cease and desist orders; and providing additional security for the Public Safety Complex. FEMA prepared PWs 512 and 513 for the DPSC costs ($199,572) and the Sheriff’s office costs ($453,259), respectively, and determined both PWs to be ineligible, because the scopes of work associated with the claimed costs were not the direct result of the disaster. FEMA determined that the claimed costs were increased operating expenses.
In a first appeal, the Applicant stated that the costs claimed under PWs 512 and 513 are for activities that meet the definition of emergency protective measures and are directly related to the event. The FEMA Regional Administrator denied the first appeal, because the claimed costs are increased operating costs and not associated with eligible emergency work.
In the second appeal, the Applicant reiterates that the costs claimed were incurred as a direct result of the event and are associated with eligible emergency work. While the Applicant concedes that the claimed labor costs include costs for some routine operating tasks, both the DPSC and Sheriff’s office “operated well above routine emergency efforts with tasks that were ‘extraordinary’ and directly related to the storm.” The Applicant requests that FEMA consider funding a percentage of the costs claimed.
Issue: Was the work associated with the costs claimed required as the result of the declared event?
Finding: No. The Applicant did not submit sufficient documentation to support its claim that the work performed was required by the event.
Rationale: 44 CFR §206.223(a) General work eligibility