PA ID# 059-99059-00; Fairfax County
PW ID# 575; Emergency Protective Measures
Citation: FEMA-1905-DR-VA; Fairfax County, Emergency Protective Measures, PW 575
Cross - Reference: Emergency Protective Measures; Work Eligibility
Summary: As a result of the severe winter storms and snowstorms that occurred in February 2010, Fairfax County’s (Applicant’s) Fire and Rescue Department (FRD) participated in emergency response activities. The Applicant requested reimbursement from FEMA for labor, equipment, and material costs totaling $5,140,182. FEMA reviewed the Applicant’s claim and determined that a significant portion of the costs were increased operating expenses and not eligible for reimbursement. FEMA used dispatch records and call logs to determine which emergency calls were not disaster related such as house fires, drug overdoses, suicide attempts and assaults. FEMA presumed that the remaining calls, the descriptions of which indicated potential to be disaster-related, were in fact required as the result of the declared event and estimated the labor and equipment costs based on the time of each call and the type of equipment used. FEMA prepared PW 575 in the amount of $172,585 for the FRD costs associated with eligible emergency work.
In its first appeal, the Applicant stated that a portion of the FRD’s gross costs for emergency response during the event is associated with eligible emergency protective measures, but the dispatch system does not provide sufficiently detailed data to determine which emergency calls were eligible for funding. The Applicant requested that FEMA fund the work performed by the FRD during the incident period based on a 43.24 percent increase in total aggregated incident response time over the summation of times from the week before the event. The Regional Administrator denied the first appeal because the Applicant did not provide a basis for the proposed percentage of total costs and determined that the labor and equipment costs requested were not eligible.
In its second appeal, the Applicant states that the $1,258,353 in additional requested funding is associated with eligible emergency work that was conducted as a direct result of the event and that the costs are fully supported by the documentation submitted. The Applicant requests that FEMA consider funding a percentage (43.24%) of the total FRD costs, because the percentage is a reasonable representation of eligible costs and was developed in collaboration with FEMA.
Issue: Was the work associated with the additional claimed costs required as the result of the declared event?
Finding: No. The Applicant did not submit sufficient documentation to demonstrate that the claimed work was a result of the disaster.
Rationale: 44 CFR §206.223(a) General work eligibility