Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 201-35000-00; City of Houston
PW ID# 730, 750, 756, 759, 761, 1359; Project Management Costs
Citation: FEMA-1379-DR-TX; City of Houston, Project Management Costs; Project Worksheets (PWs) 730, 750, 756, 759, 761, 1359
Cross-reference: Project Management Costs; Time Limitations
Summary: Heavy rains from Tropical Storm Allison in June of 2001 caused flooding in the City of Houston (City) resulting in damage to facilities under the Citys Convention and Entertainment Department. The Federal Emergency Management Agency (FEMA) approved PWs 730, 750, 756, 759, 761, and 1359 in September and December 2001 to repair these damaged facilities and to replace equipment lost due to the flooding. The City hired the Gilbane Company to manage these projects. FEMA noted on PWs 730, 756, 759, and 761 and formally communicated in writing to the City in August 2001 that the costs for project management and supervision services from Rodriquez, Villacorta, & Weiss (RVW, Inc.) were not eligible costs because these activities were covered under the Citys administrative allowance. The City submitted a first appeal on January 29, 2003, claiming that the services provided by RVW, Inc. were eligible based on the fact that RVW, Inc. were the project managers for the cleanup and debris removal operations for the Theater Facilities. The FEMA Region VI Acting Regional Director denied the appeal because it was submitted eighteen months beyond the 60-day regulatory time limit for appeals as outlined in 44 CFR §206.206. The City submitted its second appeal on June 9, 2003. Neither the City nor the Texas Division of Emergency Management (State) disputed the fact that the first appeal was not submitted within the statutory and regulatory time frame for appeals. However, the State supports the Citys second appeal for $200,000 for project management services provided by RVW, Inc. to clean up the Theater Facilities following Tropical Storm Allison.
Issues: Are the project management costs provided by RVW, Inc. eligible for reimbursement?
Findings: No. The appeal was not submitted in a timely manner.
Rationale: 44 CFR §206.206; Section 423 of the Stafford Act