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Second Appeal Brief
PA ID# 133-UQ20F-00; East Prairie Nutrition Center
PW ID# 402; Eligible Work
Citation: FEMA-1822-DR-MO, East Prairie Nutrition Center, Documentation, Project Worksheet (PW) 402
Reference: Eligible Work, Mutual Aid Agreement, Documentation, Duplication of Benefits
Summary: Following a severe winter storm from January 26, 2009 to January 28, 2009, in Mississippi County, Missouri, the City of East Prairie had significant power outages. The Applicant, a senior center, prepared meals and provided its facility as a warming center for citizens. The Applicant stated that it served 3,698 meals and delivered 1,736 meals from January 28, 2009, through February 6, 2009, and requested reimbursement for these costs and overtime for its employees as Emergency Protective Measures. FEMA prepared PW 402 for $785 as ineligible based on the Applicant’s lack of documentation for claimed meals, and because the Applicant received funding from Medicaid, Meals on Wheels, and, for this disaster, the City of East Prairie, which represented a duplication of benefits. The Missouri State Emergency Management Agency (SEMA) received the Applicant’s first appeal on July 13, 2009, in which the Applicant argued that SEMA employees did not inform the Applicant that documentation of claimed costs was necessary for reimbursement. The Acting Regional Administrator denied this appeal due to insufficient documentation to support the meal costs or the overtime costs, and because there was no Mutual Aid Agreement between the Applicant and the City of East Prairie. In its second appeal, submitted February 11, 2010, the Applicant reiterated its requests. The Applicant did not submit any evidence of a Mutual Aid Agreement or contract for these services.
Issue: Is the Applicant eligible for reimbursement for the costs of providing meals to citizens and for employee overtime as Emergency Protective Measures following an ice storm where there was no Mutual Aid Agreement or contract in place?
Rationale: 44 CFR §206.206(a) Appeals, Format and Content; Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; FEMA 321,Public Assistance Policy Digest, pg. 99.