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Second Appeal Brief
PA ID# 009-99009-00; Brevard County
PW ID# PWs 20, 21, 324, 509, 513, 524 (1300-DR-FL) and 861 and 865 (1306-DR-FL); Small Business Administration Loan
FEMA-1300-DR-FL and FEMA-1306-DR-FL, Brevard County, Debris Removal, Labor Costs, and Equipment Charges; Project Worksheets (PWs) 20, 21, 324, 509, 513, and 524 (in FEMA-1300-DR-FL) and PWs 861 and 865 (in FEMA-1306-DR-FL)Cross-reference: Debris Removal, Documentation, Emergency Protective Measures, Equipment Rates, Labor Costs, Overtime Summary:
Following Hurricanes Floyd and Irene, Brevard County (Applicant) applied for FEMA funding to cover its costs of debris removal activities, labor costs, and equipment usage. Two Office of the Inspector General (OIG) audit reports questioned portions of the assistance the Applicant had requested. Based on the OIG recommendations, Region IV de-obligated portions of the Applicants PWs relating to the costs in question. FEMA denied the first appeal.Issues:
1. Did FEMA correctly calculate the amount of funding to be de-obligated?
2. Did FEMA appropriately de-obligate funding relating to a portion of the Applicants labor cost reimbursement request?
3. Did FEMA appropriately de-obligate funding relating to a portion of
the Applicants equipment usage reimbursement request?Findings:
1. Yes, FEMA calculated correctly the amount of funding to be de-obligated as a result of the Applicants having paid its contractors for the removal of ineligible debris.
2. Yes, FEMA appropriately de-obligated funding relating to a portion of the Applicants labor cost reimbursement request.
3. Yes, FEMA appropriately de-obligated funding relating to a portion of the Applicants equipment usage reimbursement request.Rationale:
Sections 403 and 407 of the Stafford Act; 44 CFR §206.223(a)(1);
44 CFR §206.228(a)(1); 44 CFR §206.228(a)(4); 44 CFR §206.224;
44 CFR §206.225; FEMA-325, Debris Management Guide