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Second Appeal Letter
PA ID# 163-14194-00; City of Clarksville - 2nd
PW ID# NA; Denial of Additional Cost
May 27, 2010
State of Missouri Emergency Management Agency
P. O. Box 116
Jefferson City, Missouri 65102
Re: Second Appeal-City of Clarksville, PA ID 163-14194-00, Denial of Additional Cost,
Dear Mr. Parmenter:
This letter is in response to your letter dated December 30, 2009, transmitting the referenced second appeal on behalf of the City of Clarksville (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny its request for reimbursement of various miscellaneous costs following the disaster.
From June 1, 2008 through July 18, 2008, severe storms flooded the City of Clarksville. FEMA held the Applicant’s kickoff meeting on July 22, 2008. On December 11, 2008, the Applicant submitted 28 contractor and purchase invoices to the State of Missouri Emergency Management Agency (SEMA) requesting that either the State or FEMA review them and determine what was eligible for reimbursement under the Public Assistance Program. The costs included invoices from the Clarksville Special Road District, the Pike County fire department as well as invoices that covered office supplies, a fuel tank purchase, tire repair, backhoe servicing, copier service calls and phone bills. In a letter dated January 28, 2009, SEMA informed the Applicant that its submitted costs were ineligible because the Applicant did not identify the eligible damages or costs associated with the disaster within 60 days of the kickoff meeting. SEMA also found that some of the costs would not have been eligible for Public Assistance funding even if the Applicant submitted the costs in a timely manner. The Acting Regional Administrator sustained this determination on first appeal in a letter dated October 6, 2009.
The Applicant submitted its second appeal on December 21, 2009, and included a list of its submitted costs with a short explanation of each. SEMA does not support the Applicant’s appeal.
FEMA’s regulations at 44 CFR §206.202 (d)(1)(ii), Application Procedures, Project Worksheets requires applicants to identify and report damages to FEMA within 60 days of the kickoff meeting. The Applicant submitted the cost information more than four months after the kickoff meeting. In addition, the Applicant provided copies of invoices but did not document how the costs were related to the performance of eligible work.
Based on the review of the information submitted with the appeal, I have determined that the Acting Regional Administrator’s decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying the second appeal
Please inform the Applicant of my determination. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Elizabeth A. Zimmerman
cc: Beth Freeman
FEMA Region VII