Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 063-53682-00; City of North Tonowanda
PW ID# Project Worksheets 421 and 428; Administrative Costs
FEMA-1665-DR-NY, City of North Tonawanda, PWs 421 and 428
As a result of the severe storms of October 12, 2006, the Applicant contracted with Beck Disaster Recovery, Inc. (BDR) to monitor the vegetative debris and hazardous limb and tree removal activities of SRS, Inc. FEMA prepared PWs 421 and 428 for debris removal activities. FEMA determined that $26,110 was part of the Applicant’s administrative costs and should be reimbursed as part of the administrative cost as stated in 44 CFR 206.228(a)(2)(ii).
In its first appeal of PW 428 and PW 421, the Applicant stated that the BDR Administrative Assistants, employed by BDR, should have been included as a portion of the contractor’s eligible expenses of the contract to monitor and document the contractor’s activities as required by FEMA and not be included as part of FEMA’s administrative allowance described in 44 CFR §206.228(a)(2)(ii). In a letter dated March 12, 2007, the Regional Director denied the appeal for PW 428 and in a letter dated April 3, 2007, the Regional Administrator denied the appeal for PW 421 because the Applicant had not provided any new or additional information that indicated that these costs were not costs covered under the administrative allowance.
In its second appeal dated March 17, 2008, the Applicant reiterated that these contractor costs were direct project-related administrative costs rather than administrative costs covered by the subgrantee’s administrative allowance. The Applicant provided a description of duties for the personnel in question. However, the Applicant submitted a second appeal dated March 17, 2007, 12 months after FEMA denied the first appeal. By regulation (44 CFR §206.206(c)(1)), appellants must file appeals within 60 days after receipt of a notice of the action that is being appealed.
Are the full contract costs for BDR Administrative Assistants project-related
2. Did the Applicant submit its appeal within the regulatory time frame?
Yes. The BDR Administrative Assistants performed eligible debris
44 CFR §206.206(c); 44 CFR §206.228(a)(2)(ii);
Public Assistance Guide, FEMA 322.