Jordan Fire Trail; DSR 02933 Hastings Reservation
Appeal Brief
Appeal Letter
Citation: FEMA-1203-DR-CA;; PA ID 000-92071; DSRs 21740, 21741, 21742, 21744, 21745, 21746, 21748, 21749, 21751 and 21752 Jordan Fire Trail; DSR 02933 Hastings Reservation.
Cross-reference: Storm and Flood disaster; Net Small Project Overrun
Summary: In the aftermath of the early-1998 El Ni?o disaster, the University of California, Berkeley (UCB) applied for and received assistance to repair its damaged facilities. FEMA approved 25 small projects for $380,503. On May 4, 2000, UCB submitted an appeal for a Net Small Project Overrun (NSPO) of $20,008. Since it did not plan to do the work in DSR 02940, the DSR was deobligated and the small project count was reduced to 24 at a cost of $379,128. The Governor's Office of Emergency Services (OES) audited the submission and determined that the documentation did not support the claim. FEMA denied the appeal on August 9, 2000, because the applicant did not provide evidence to support its claim. FEMA found that the applicant's costs showed an under-run of $16,183 and pursuant to 44 CFR 206.205 (a), no action was taken on the under-run. UCB submitted a September 13, 2000, second appeal that included documentation to support the additional costs it incurred on the Jordan Fire Trail and the Hastings Reservation increasing its actual costs on the projects to $394,972. The cost included a $2,000 portion of a bond that was applied to the Jordan Fire Trail project. OES performed an analysis of the costs and verified that the additional costs of $23,367 on the Jordan Fire Trail project and $9,286 to repair additional culvert boxes that were discovered when clearing work started were eligible.
Issues: Should UCB be granted a NSPO for additional costs it incurred in repairs following the El Ni?o disaster?
Findings: Yes. The Applicant was able to document its additional costs to the satisfaction of OES and FEMA, and is approved for receiving an additional $15,844 in costs.
Rationale: 44 CFR 206.205 (a).
April 2, 2001
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741
Re: Second Appeal: University of California, Berkeley, P.A. ID 000-92071, Net Small Project Overrun, FEMA-1203-DR-CA; Multiple DSRs;
Log # /74495.3.
Dear Mr. Christian:
This is in response to your October 23, 2000, letter forwarding the September 13, 2000, second appeal from the University of California, Berkeley. The University of California, Berkeley is appealing the Federal Emergency Management Agency's (FEMA) denial of its May 4, 2000, Net Small Project Overrun (NSPO) request. Pursuant to 44 CFR 206.204 (e) (3), the applicant's initial NSPO request is considered its first appeal. Based on your audit of the University of California, Berkeley's submission, FEMA denied on August 9, 2000, the University of California, Berkeley's request for a NSPO of $20,008 because the documentation that was submitted with the request did not support all the expenses claimed. You now recommend granting the second appeal request for $15,844 representing the verified documented costs.
In the aftermath of the early 1998 severe winter storms and flooding caused by the El Ni?o disaster, the University of California, Berkeley applied for and received assistance to repair its damaged facilities. The University of California, Berkeley submitted a May 4, 2000, letter to the Governor's Office of Emergency Services in which it requested a Damage Survey Report (DSR) for $20,008 representing an NSPO. The University of California, Berkeley enclosed in its appeal, spread sheets showing approved costs and actual costs for the 25 small projects that FEMA had approved. The 25 DSRs were divided into seven distinct areas-Botanical Garden (DSRs 02932, 02936, 02937, 02939, 02940 and 02942), Campus-wide Tree Removal (DSR 02927), Chancellor's House (DSR 02926), Golden Bear Center (DSR 02931), Hastings Natural History Reservation (DSRs 02928, 02929, 02930, 02933 and 02934), Jordan Fire Trail (DSRs 21740, 21741, 21742, 21744, 21745, 21746, 21748, 21749, 21751 and 21752) and Strawberry Canyon Rec. (DSR 02935).
The original approved cost of $380,504 for 25 projects was reduced by $1,375 to $379,129 because the University of California, Berkeley had not done any work on the fence repair at site 6 of the Botanical Garden (DSR 02940) and indicated it did not intend to complete it. FEMA, therefore, deobligated this DSR on April 22, 1998. The University of California, Berkeley claimed that the actual costs for the remaining projects exceeded the approved costs by $20,008. The Governor's Office of Emergency Services reviewed the documentation and was only able to verify actual costs of $362,945. This total included a $2,000 bond that the University of California, Berkeley was required to purchase, and represented a net under-run of $16,183. The Governor's Office of Emergency Services forwarded the appeal to FEMA on July 6, 2000. In an August 9, 2000, letter to the Governor's Office of Emergency Services, FEMA denied the NSPO request and included an NSPO Summary showing that the University of California, Berkeley was only able to document $362,945 actual costs. Therefore, instead of an over-run, the University of California, Berkeley's expenses showed an under-run of $16,183. No action was taken on the under-run pursuant to 44 CFR 206.205 (a).
In this second appeal, the University of California, Berkeley limited its appeal to the Jordan Fire Trail and the Hastings Reservation project. Including $2,000 of the small project bond that it apportioned to the project, the University of California, Berkeley claimed expenses of $227,550 for the Jordan Fire Trail project and $50,403 on the Hastings Reservation. The applicant provided additional documentation to support the increased project costs. Regarding the Hastings Reservation project, the University of California, Berkeley informed the Governor's Office of Emergency Services in an April 9, 1999, letter that during the repair operations authorized in DSR 02933, it was discovered that more culvert boxes needed to be repaired necessitating additional heavy-duty roller rental increasing costs by $9,286. In an April 29, 1999, letter the State advised University of California, Berkeley that pursuant to 44 CFR 206.204 (e), the procedure was that when a subgrantee discovers a significant cost increase relating to all small projects, the subgrantee may submit an appeal for additional funding within 60 days following the completion of all its small projects.
The Governor's Office of Emergency Services analyzed this appeal and agreed that the applicant presented evidence to substantiate additional expenses of $23,367 on the Jordan Fire Trail and $9,286 associated with repairing additional culvert boxes under DSR 02933 for the Hastings Reservation project. These additions increased the cost of the small projects to $394,972. I have examined the applicant's second appeal documentation as well as the Governor's Office of Emergency Services' analysis of the pro-rata shares for small projects on the Jordan Fire Trail project and its recommendation regarding the Hastings Reservation. I concur with the Governor's Office of Emergency Services' analysis of the additional expenditures by the applicant.
Based on the above, I approve the University of California, Berkeley's second appeal in the amount of $15,844. By copy of this letter, I am requesting the Regional Director to implement my determination.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Karen E. Armes
Acting Regional Director
FEMA Region IX
Appeal Brief
| Disaster | FEMA-1203-DR |
| Applicant | University of California, Berkeley |
| Appeal Type | Second |
| PA ID# | 000-92071 |
| PW ID# | 21740, 21741, 21742, 21744, 21745, 21746 |
| Date Signed | 2001-04-02T04:00:00 |
Appeal Letter
April 2, 2001
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741
Re: Second Appeal: University of California, Berkeley, P.A. ID 000-92071, Net Small Project Overrun, FEMA-1203-DR-CA; Multiple DSRs;
Log # /74495.3.
Dear Mr. Christian:
This is in response to your October 23, 2000, letter forwarding the September 13, 2000, second appeal from the University of California, Berkeley. The University of California, Berkeley is appealing the Federal Emergency Management Agency's (FEMA) denial of its May 4, 2000, Net Small Project Overrun (NSPO) request. Pursuant to 44 CFR 206.204 (e) (3), the applicant's initial NSPO request is considered its first appeal. Based on your audit of the University of California, Berkeley's submission, FEMA denied on August 9, 2000, the University of California, Berkeley's request for a NSPO of $20,008 because the documentation that was submitted with the request did not support all the expenses claimed. You now recommend granting the second appeal request for $15,844 representing the verified documented costs.
In the aftermath of the early 1998 severe winter storms and flooding caused by the El Ni?o disaster, the University of California, Berkeley applied for and received assistance to repair its damaged facilities. The University of California, Berkeley submitted a May 4, 2000, letter to the Governor's Office of Emergency Services in which it requested a Damage Survey Report (DSR) for $20,008 representing an NSPO. The University of California, Berkeley enclosed in its appeal, spread sheets showing approved costs and actual costs for the 25 small projects that FEMA had approved. The 25 DSRs were divided into seven distinct areas-Botanical Garden (DSRs 02932, 02936, 02937, 02939, 02940 and 02942), Campus-wide Tree Removal (DSR 02927), Chancellor's House (DSR 02926), Golden Bear Center (DSR 02931), Hastings Natural History Reservation (DSRs 02928, 02929, 02930, 02933 and 02934), Jordan Fire Trail (DSRs 21740, 21741, 21742, 21744, 21745, 21746, 21748, 21749, 21751 and 21752) and Strawberry Canyon Rec. (DSR 02935).
The original approved cost of $380,504 for 25 projects was reduced by $1,375 to $379,129 because the University of California, Berkeley had not done any work on the fence repair at site 6 of the Botanical Garden (DSR 02940) and indicated it did not intend to complete it. FEMA, therefore, deobligated this DSR on April 22, 1998. The University of California, Berkeley claimed that the actual costs for the remaining projects exceeded the approved costs by $20,008. The Governor's Office of Emergency Services reviewed the documentation and was only able to verify actual costs of $362,945. This total included a $2,000 bond that the University of California, Berkeley was required to purchase, and represented a net under-run of $16,183. The Governor's Office of Emergency Services forwarded the appeal to FEMA on July 6, 2000. In an August 9, 2000, letter to the Governor's Office of Emergency Services, FEMA denied the NSPO request and included an NSPO Summary showing that the University of California, Berkeley was only able to document $362,945 actual costs. Therefore, instead of an over-run, the University of California, Berkeley's expenses showed an under-run of $16,183. No action was taken on the under-run pursuant to 44 CFR 206.205 (a).
In this second appeal, the University of California, Berkeley limited its appeal to the Jordan Fire Trail and the Hastings Reservation project. Including $2,000 of the small project bond that it apportioned to the project, the University of California, Berkeley claimed expenses of $227,550 for the Jordan Fire Trail project and $50,403 on the Hastings Reservation. The applicant provided additional documentation to support the increased project costs. Regarding the Hastings Reservation project, the University of California, Berkeley informed the Governor's Office of Emergency Services in an April 9, 1999, letter that during the repair operations authorized in DSR 02933, it was discovered that more culvert boxes needed to be repaired necessitating additional heavy-duty roller rental increasing costs by $9,286. In an April 29, 1999, letter the State advised University of California, Berkeley that pursuant to 44 CFR 206.204 (e), the procedure was that when a subgrantee discovers a significant cost increase relating to all small projects, the subgrantee may submit an appeal for additional funding within 60 days following the completion of all its small projects.
The Governor's Office of Emergency Services analyzed this appeal and agreed that the applicant presented evidence to substantiate additional expenses of $23,367 on the Jordan Fire Trail and $9,286 associated with repairing additional culvert boxes under DSR 02933 for the Hastings Reservation project. These additions increased the cost of the small projects to $394,972. I have examined the applicant's second appeal documentation as well as the Governor's Office of Emergency Services' analysis of the pro-rata shares for small projects on the Jordan Fire Trail project and its recommendation regarding the Hastings Reservation. I concur with the Governor's Office of Emergency Services' analysis of the additional expenditures by the applicant.
Based on the above, I approve the University of California, Berkeley's second appeal in the amount of $15,844. By copy of this letter, I am requesting the Regional Director to implement my determination.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Karen E. Armes
Acting Regional Director
FEMA Region IX
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