Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 181-99181-00; City of Neosho
PW ID# 1853; General Work Eligibility
Citation: FEMA-1749-DR-MO, City of Neosho, General Work Eligibility, Project Worksheet (PW) 1853
Reference: Project Worksheets, Time Limitations
Summary: Following severe storms and flooding from March 17, 2008, through May 9, 2008, the President declared FEMA-1749-DR-MO on March 19, 2008, for emergency protective measures, limited to direct federal assistance. On April 9, 2008, the declaration was amended to allow all categories under the Public Assistance (PA) program. The City of Neosho submitted their Request for Public Assistance (RPA) on April 7, 2008, and the Kickoff Meeting was held on May 5, 2008. On August 18, 2008, FEMA prepared PW 1853 for damage in Morse Park, and the project was obligated on August 28, 2008. The project included repair to parking lots, walking trails, and park benches. The PW did not include damage at Big Spring Park, for which Applicant now requests funding. The Applicant specifically requests funding to repair or replace a masonry culvert at Big Spring Park, which it asserts suffered damage caused by the disaster and the Applicant did not identify the damage until December 2008, seven months after the Kickoff Meeting. In a letter dated December 26, 2008, the Applicant notified the Missouri State Emergency Management Agency (SEMA) of this additional damage, constituting the Applicant’s first appeal. On January 20, 2009, SEMA forwarded the Applicant’s appeal to FEMA Region VII. The Acting Regional Administrator denied the appeal on January 28, 2009, stating that the Applicant failed to identify these damages and notify FEMA within 60 days of the Kickoff Meeting. The Applicant appealed this decision on May 26, 2009, and in its second appeal, the Applicant reiterated the claims stated in its first appeal.
Issues: Has the Applicant demonstrated that extenuating circumstances beyond its control existed, permitting additional damage to be included in the original PW scope of work after the regulatory timeframe established in 44 CFR §206.202(d)(1)(ii)?
Rationale: 44 CFR §206.202(d)(1)(ii), Project Worksheets; 44 CFR §206.202(f)(2), Time limitations; and 44 CFR §206.223(a)(1), General work eligibility.