Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 059-ULY7A-00; Orange County Rescue Mission
PW ID# 110; Eligible Costs
Citation: FEMA-1810-DR-CA, Orange County Rescue Mission, Eligible Costs, Project Worksheet (PW) 110
Reference: Eligible Costs, Emergency Protective Measures, Sheltering
Summary: Following the wildfires in November 2008, the Applicant provided displaced disaster survivors with food and hygiene kits, and gift cards from local grocery stores, retail stores and gas stations. FEMA prepared PW 110 in the amount of $24,153 for the costs related to food and hygiene kits, first aid kit labels, gift cards and calls to “2-1-1 Orange County”. After final review of the PW, FEMA obligated PW 110 for $6,701, reducing it by the cost related to the gift cards stating that type of assistance came under the authority of the Individual Assistance (IA) Program.
In its first appeal dated June 17, 2009, the Applicant asserted that during the declared event the services and assistance they provided to individuals were critical to the survivors' ability to recover from the disaster. In addition, the Applicant stated that the aid provided to the survivors was not provided by other FEMA programs and therefore did not constitute a duplication of benefits. On November 5, 2009, FEMA denied the first appeal, stating that the Applicant provided financial assistance directly to individuals; which is under the authority of the IA Program. FEMA de-obligated the remaining $6,701 from PW 110 because pursuant to DAP9523.15, Eligible Costs Related to Evacuations and Sheltering, food and hygiene kits are only eligible as part of congregate sheltering operations. Based on the information submitted by the Applicant, the survivors were not staying in congregate shelters. Additionally,
“2-1-1 Orange County” was a free telephone number with a free service that would not have been billed under normal circumstances, so FEMA would not pay for those costs.
In the Applicant’s second appeal dated January 5, 2010, the Applicant stated that they were requested by Orange County to provide assistance and services to the individuals affected by the fire. Additionally, the Applicant stated that although “2-1-1 Orange County” is a free service, the $3,428 bill was related to the incremental staff required to handle the increased number of phone calls.
Issue: Are the costs claimed by the Applicant eligible for reimbursement under the Public Assistance Program?
Finding: No. Direct financial assistance to eligible individuals is provided through the Individual Assistance Program.
Rationale: 44 CFR §206.110 Federal assistance to individuals and households; DAP9523.15, Eligible Costs Related to Evacuations and Sheltering dated April 6, 2007