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Second Appeal Brief
PA ID# 081-71000-00; City of Chandler
PW ID# 859; Debris Removal
SECOND APPEAL BRIEF
City of Chandler, PA ID 081-71000-00
Debris Removal, Project Worksheet 859
Citation: FEMA-1735-DR-OK, City of Chandler, Debris Removal, Project Worksheet (PW) 859
Reference: Debris Removal
Summary: An ice storm in December 2007 deposited vegetative debris onto the City of Chandler’s (Applicant) roads and certain properties maintained by the city. The Applicant entered into a time and material contract with Integrated Pro Services, LLC (IPS) for emergency tree trimming and debris removal for the first 70 hours, from December 17 to December 22, 2007. FM E prepared PW 859 for an estimated amount of $39,294, based on similar contracts in surrounding areas. The Applicant appealed this amount on May 22, 2008, requesting a total of $263,211. FEMA denied the appeal on April 3, 2009, stating that the Applicant had not provided sufficient documentation to justify the increase and that labor and equipment hours did not match. In a letter dated April 24, 2009, the Applicant submitted its second appeal, requesting an additional $227,380. The Applicant provided employee timesheets and an Oklahoma Department of Emergency Management closeout audit spreadsheet indicating equipment usage for the contract period of December 27 to December 22, 2007.
Issue: Did the Applicant provide sufficient documentation to support an additional $227,380 for a time and materials contract for debris removal.
Finding: No. However, the Applicant has provided sufficient documentation to justify an additional $70,041 under PW 859.
Rationale: 44 CFR §13.40(a), Monitoring by grantees; 44 CFR §206.202(b)(4), Grantee.