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Temporary Facilities

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1379-DR
ApplicantThe Methodist Hospital
Appeal TypeSecond
PA ID#201-UKJ26-00
PW ID#2495
Date Signed2007-08-09T04:00:00
Citation: FEMA – 1379-DR-TX; The Methodist Hospital, Temporary Facilities

Summary: The Methodist Hospital (Applicant) was severely flooded as a result of Tropical Storm Allison (FEMA–1379-DR-TX). Several departments that provided essential services needed to be relocated. FEMA prepared Project Worksheet (PW) 2495 in the amount of $6,126,896 to address the costs of providing temporary facilities. Version 1 of PW 2495 increased funding by $3,500,000 to fund the return of the displaced functions from their temporary locations back to their permanently repaired/restored locations. Version 2 deducted $3,000,000 for anticipated insurance proceeds. Version 3 increased the total amount of funding to $7,128,491 after a review of final costs submitted by the Applicant.

In a letter dated April 29, 2005, the Applicant appealed FEMA’s decision not to fund the restoration of the executive offices pre-disaster location.
On January 31, 2006, FEMA denied the Applicant’s first appeal because the Applicant did not move the executive offices back to the pre-disaster location and rebuilding undamaged space is not eligible. In a letter dated June 1, 2006, the Applicant again requested funding for the estimated cost of restoring its executive offices in the pre-disaster location.

In a letter dated April 29, 2005, the Applicant appealed FEMA’s decision not to fund the cost of relocating the interim kitchen because permanent repairs to the original flooded area were impossible because of shared systems between the original location and the first temporary location. On January 31, 2006, FEMA denied the Applicant’s first appeal stating that FEMA did not receive a scope of work change, cost comparison, or notice for a second temporary kitchen location before the work began. On June 1, 2006, the Applicant filed a second appeal providing documentation to substantiate its notice to FEMA that a second temporary kitchen was needed.

Issues: (1) Is the estimated cost of restoring the executive offices in the pre-disaster location eligible?
(2) Is the second move of the temporary kitchen an eligible expense?

Findings: (1) Yes. The Applicant is eligible for the cost to restore the executive offices to its pre-disaster condition.

(2) Yes. Unforeseen circumstances necessitated a move.

Rationale: Response and Recovery Directorate Policy Number 9523.3 dated July 16, 1998, Provision of Temporary Relocation Facilities

Appeal Letter

August 9, 2007

Mr. Rick Patterson
State Coordinating Officer
Division of Emergency Management
5425 Polk St.

Mail Slot O
Houston, TX 77023-1423

Re: Second Appeal – The Methodist Hospital, PA ID # 201-UKJ26-00
Temporary Facilities, FEMA-1379-DR-TX, PW 2495

Dear Mr. Patterson:

This letter is in response to the referenced second appeal submitted by The Methodist Hospital (Applicant) to your office on June 1, 2006. The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for the estimated cost of restoring its executive offices and for establishing a second temporary kitchen.

As explained in the enclosed appeal analysis, I have determined that funding to restore the executive offices and funding to establish a second temporary kitchen are eligible. Accordingly, I approve the appeal. By copy of this letter, I am asking the Regional Administrator of FEMA Region VI to prepare and obligate a version of Project Worksheet 2495 for $685,167 to restore the executive offices and $568,931 for the costs to establish a second temporary kitchen.

Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR § 206.206.

Sincerely,


/s/

Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
Enclosure

cc: William Peterson
Regional Administrator
FEMA, Region VI