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Tree Limb Hanger Cuts

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1607-DR
ApplicantTown of Vinton
Appeal TypeSecond
PA ID#019-78820-00
PW ID#Project Worksheet 1906
Date Signed2010-03-29T00:00:00

Citation:

FEMA-1607-DR-LA, Town of Vinton, PA ID 019-78820-00, City-wide,
PW 1906

Cross-reference:

Debris Removal, Tree Limb Hanger Cuts
 

Summary:

On September 23, 2005, hurricane force winds severely damaged trees throughout the Town of Vinton (Applicant). FEMA identified 9,411 eligible hanging limbs at $50/limb for a total of $470,550, which was included in PW 1906. However, the Applicant claimed a total of 17,049 hanging limbs at $70/limb for a total cost of $1,193,430.
The Applicant submitted its first appeal on September 18, 2006, maintaining that (1) the $70/limb rate was reasonable, and (2) that all 17,049 hanging limbs should be eligible for reimbursement. Based on prevailing conditions at the time the work was completed, the Regional Director determined that $70/limb met the prudent person standard (OMB Circular A-87) and a version of PW 1906 was prepared for $188,220. Based on a validation cycle count of spreadsheets from 10 percent of the city, the Regional Director denied the claim that 17,049 limbs were eligible.
On August 10, 2007, the Applicant submitted a second appeal reiterating the position presented in its first appeal.

Issues:

Is it the responsibility of FEMA, rather than the Applicant to make eligibility determinations?

Findings:

Yes

Rationale:

44 CFR §206 Subpart H

Appeal Letter

March 29, 2010

Mark DeBosier
Deputy Director
Governor Office of Homeland Security and Emergency Preparedness
415 North 15th Street
Baton Rouge, LA 70802

Re: Second Appeal – Town of Vinton, PAID 019-78820-00, Tree Limb Hanger Cuts, FEMA-1607-DR-LA, Project Worksheet (PW) 1906

Dear Mr. DeBosier:

This is in reference to a letter dated March 17, 2008, from Mr. Carlos Castillo, Assistant Administrator, Disaster Assistance Directorate, to your office regarding the referenced second appeal.  Mr. Castillo informed your office of the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny the Town of Vinton’s request for an additional $534,660 for removing dangerous hanging tree limbs that were caused by Hurricane Rita because FEMA could not validate the quantity of requested cut limbs during a field audit.   

The Town of Vinton and the City of Westlake used the same contactor to monitor the removal of dangerous hanging limbs.  FEMA initially reduced the requested amount in both communities because FEMA could not validate the number of cuts each community requested.  FEMA reviewed the information the City of Westlake submitted, and conducted another audit of a sample of cut limbs and validated over 75 percent of the cuts in the City of Westlake.  FEMA subsequently determined that the City’s request was valid.  FEMA did not conduct a second audit of the cuts in the Town of Vinton.  Since the same contractor monitored the removal of dangerous limbs in both communities, FEMA applied the results of the most recent audit in City of Westlake to the Town of Vinton.  Therefore, I amend FEMA’s previous determination on this issue and approve the requested funding of $534,660.  The Acting Director of the Louisiana Transitional Recovery Office will take appropriate action to implement this determination.

Please inform the City of my determination.  My determination is the final decision on this matter pursuant to 44 CFR § 206.206, Appeals.

Sincerely,

 /s/

Elizabeth A. Zimmerman
Assistant Administrator
Disaster Assistance Directorate

 

Cc:  Tony Russell
        Regional Director
        FEMA Region VI