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Second Appeal Brief
PA ID# 075-99075-00; Plaquemines Parish
PW ID# Project Worksheet 17086; Debris Removal
Citation: FEMA-1603-DR-LA, Plaquemines Parish, Debris Removal, PW 17086Cross-reference:
Following Hurricane Katrina, FEMA prepared PW 17086 to document work to be completed by Plaquemines Parish (Applicant). Specifically, the PW was prepared to remove disaster-related debris from a drainage canal system traversing the Alvin Callender U.S. Naval Base. The Applicant entered into a contract with the U.S. Navy on December 19, 1955, where the Applicant became responsible for the maintenance of the canal system. FEMA determined that the drainage canal system located on the Naval Base was the legal responsibility of the U.S. Navy and the project was written as ineligible for Public Assistance.
The Applicant submitted its first appeal on March 11, 2008, asserting that it is legally obligated to remove disaster-related debris under the terms and conditions of its contract with the U.S. Navy. The Applicant argued that FEMA did not conduct a responsible damage assessment because FEMA determined the repairs were the responsibility of another Federal agency. The Applicant estimated there was 7,000 cubic yards of disaster-related debris at a cost of $350,000. The Applicant provided supporting documentation, which included a copy of the original contract executed in 1955 with the U.S. Navy, as well as subsequent amendments to the contract, but did not include documentation demonstrating how it calculated the amount of disaster-related debris and associated costs. The Regional Administrator denied the appeal because the Applicant did not establish primary and legal responsibility for the work claimed.
The Applicant filed a second appeal on October 14, 2008, and reiterated its position presented in the first appeal. The appeal mentions that all of the debris removal work has been completed, but does not include any new supporting documentation.
The Applicant challenges FEMAs interpretation of the contract stating that FEMA incorrectly interpreted page 6, paragraph 5(a), Contractors Facilities, by assigning responsibility for the drainage canal to the Naval Base,
Title to all such facilities shall be and remain in the Contractor and the Contractor shall be responsible for all loss of or damage to such facilities. Issues:
1. Has the Applicant demonstrated that it had the legal responsibility to remove debris from the drainage canal? Findings:
44 Code of Federal Regulations §206.223(a)(3), General work eligibility
Public Assistance Guide, FEMA 322, pages 23, 30-31