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Second Appeal Brief
PA ID# 000-UV3S5-00; University of Texas Medical Branch at Galveston
PW ID# 12275, 12277, 12278, 12279, & 12485; Mutual Aid Agreement
Citation: FEMA-1791-DR-TX, University of Texas Medical Branch at Galveston, Mutual Aid Agreement, Five Project Worksheets (PW)
Reference: Mutual Aid Agreement
Summary: The Applicant is a component institution of the University of Texas (UT) System. In response to Hurricane Ike, the Applicant utilized additional personnel who were provided by several UT System institutions, in accordance with the UT System Disaster Response Mutual Aid Guidebook. The Applicant claimed contract labor costs for the additional police personnel for security, chemical and biological experts to remove contaminated biological materials, and additional personnel who provided various emergency protective measures. FEMA considered all related costs to be ineligible on the basis that all additional labor claimed by the Applicant as contract labor came from the same UT System entity, or the same State government. FEMA prepared five PWs documenting the full claimed amount for the services performed, and obligated the PWs for zero dollars on September 30, 2009. The Applicant submitted its first appeal on November 13, 2009, arguing that the UT institutions are autonomous institutions and that the employees providing assistance under the Mutual Aid Agreement were not included in the Applicant’s budget. FEMA denied this appeal on June 9, 2010, stating that that the UT System is part of the same State government and that the mutual aid labor costs were not eligible to be claimed as contract labor costs. In the Applicant’s second appeal, dated September 27, 2010, the Applicant reiterated its claims from the first appeal, but included four additional PWs and claimed a total of $179,484 for labor costs. Because the Applicant (Requesting Entity) and the additional personnel (Providing Entities) are employed by the same State government, the labor costs are ineligible as contract labor costs.
Issues: 1. Are the Requesting Entity and the Providing Entity employed by the same state government?
2. Is the Applicant eligible for reimbursement for labor costs incurred under a Mutual Aid Agreement where the Requesting and Providing Entities are employed by the same State government?
Findings: 1. Yes. The institutions are components of the University of Texas System.
2. No. This is not eligible for reimbursement under FEMA’s Disaster Assistance Policy DAP 9523.6, Mutual Aid Agreements for Public Assistance and Fire Management Assistance.
Rationale: Disaster Assistance Policy DAP 9523.6, Mutual Aid Agreements for Public Assistance and Fire Management Assistance.