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Second Appeal Brief
PA ID# 053-43000-00; City of Minneapolis
PW ID# Project Worksheet 55; Mutual Aid Agreement with the City of St. Paul
Citation:FEMA-13278-EM-MN, City of Minneapolis, PA ID 053-43000-00,
Mutual Aid Agreement with the City of St. Paul, Project Worksheet (PW) 55
On August 1, 2007, the I-35W bridge crossing over the Mississippi River in Minneapolis collapsed. The City of Minneapolis (Applicant) requested and received police personnel from the City of St. Paul (sending city), through a mutual aid agreement. FEMA denied funding for the police labor cost because under the mutual aid agreement the sending city was responsible for the costs submitted.
In a letter dated February 14, 2008, the Applicant submitted its first appeal. Since the sending city and the Applicant signed the mutual aid agreement in 1967 and had not updated it since then, the Applicant based its appeal on Minnesota State Statutes that address mutual aid. In a letter dated July 7, 2008, the Regional Administrator determined that the requested costs were not eligible for Public Assistance since the mutual aid agreement specified that the sending city was responsible for the costs incurred.
In its second appeal letter dated September 9, 2008, the Applicant contends that the magnitude of the sending citys initial response and ongoing support exceeded the intent of the 1967 mutual aid agreement. The Applicant asserts that Minnesota State Statute 12.331 applies, rather than the mutual aid agreement, since the mutual aid agreement does not address reimbursement for compensation paid.
1. Does the mutual aid agreement address compensation?
2. Does Minnesota State Statute 12.331 apply?
44 CFR §13.24, 44 CFR §206.225, Office of Management and Budget (OMB) Circular A-87, Disaster Assistance Policy DAP 9523.6, Mutual Aid Agreements for Public Assistance and Fire Management Assistance
, dated August 13, 2007.