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Second Appeal Brief
PA ID# 000-U03D9-00; Florida Department of Agricultural & Consumer Services - 2nd
PW ID# 6552 & 6655; Denial of Additional Funds
SECOND APPEAL BRIEF
Florida Department of Agricultural and Consumer Services
Denial of Additional Funds, Project Worksheets 6552 and 6655
FEMA-1609-DR-FL; Florida Department of Agricultural and Consumer Services (Applicant)
Cross - Reference:
Denial of Additional Funds; Negligence; Cost Overrun
Hurricane Wilma produced wind and rain that damaged buildings in the Florida City Farmers Market complex. FEMA prepared Project Worksheets (PWs) 6552 and 6655 to repair metal roofing, ceiling tile, insulation, and flashing on Buildings 10 and 12 of the complex for $1,725 and $22,018 respectively. The Applicant submitted an engineering consultant report claiming $914,101 for building repairs and replacement of entire systems and finishes. The Applicant’s first appeal stated that the PWs underestimated the cost to repair Buildings 10 and 12. The FEMA Regional Administrator denied the first appeal because the Applicant was requesting funding for additional damage from long-term exposure and deferred maintenance and not from the disaster. In the second appeal, the Applicant is again requesting $914,101 for repairs to Buildings 10 and 12. The Applicant included a letter explaining the consultant’s report, but did not include additional information justifying costs for deferred maintenance and upgrades to building utility systems and finishes. The work requested far exceeds what is necessary to repair the damage described in the PWs.
Are the funds requested by the Applicant to repair damages from the disaster?
No. The Applicant is requesting funding to cover damages not caused by the disaster and to upgrade entire building systems.
44 CFR §206.223 (a) (e), General work eligibility; FEMA Public Assistance Guide (FEMA 322), pp 31-33, dated June 2007.