Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 071-99071-00; Ramsey County
PW ID# 554; Emergency access road repair
Citation: FEMA-1970-DR-ND, Ramsey County, Emergency Access Road Repair, Project Worksheet (PW) 554
Reference:Roads, Emergency Protective Measures
Summary: Following the 2010 winter storms, heavy rain fell on frozen snow covered ground caused extensive overland flooding in North Dakota. As a result of this flooding, a single lane private access roadway became inundated and impassable by emergency vehicles. In order to provide access to the residence, a contractor raised the roadway two feet above current elevation at a cost of $15,000. Working PW 554 was written for $13,025, which included $13,000 in eligible costs to raise the grade of the roadway and $25 for direct administrative costs. Prior to approving the project, the North Dakota Department of Emergency Services (Grantee) determined that Ramsey County (Applicant) did not perform or directly contract the work. As the eligible Applicant did not incur any costs, the project was found to be ineligible for reimbursement.
The Applicant appealed the determination on December 9, 2010, stating that the Applicant asked the homeowner to find a contractor. According to the Applicant, the homeowner secured the contractor, but the project was initiated and monitored through the Applicant. The Regional Administrator denied the appeal on March 17, 2011, because it was determined that the Applicant did not perform work on the road as required by Title 44 of the Code of Federal Regulations (44 CFR) §206.225 (b), Emergency work, Emergency access. The Applicant submitted its second appeal in a letter dated May 16, 2011. The Applicant reiterates its position from the first appeal, and clarifies that even though the family hired the contractor, the project was monitored by the eligible Applicant. The documentation submitted by the Applicant, however, provides no evidence that the Applicant had accepted responsibility for the work performed, funded the costs, or that the completed work would provide sustainable access. Further, in accordance with 44 CFR §13.36(b)(1), Procurement, Procurement standards, the Applicant did not provide any evidence to show how the services were procured and if they complied with local, State, and Federal procurement procedures.
Issue: Despite the homeowner paying for the contracted work, is the Applicant eligible for reimbursement of the costs from FEMA?
Rationale: Title 44 of the Code of Federal Regulations (44 CFR) §13.36(b)(1), Procurement, Procurement standards; 44 CFR 206.225 (b), Emergency work, Emergency access.