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Second Appeal Brief
PA ID# 086-76525-00; City of West Miami
PW ID# 153; Truck Capacity and Certification
Citation: FEMA-1602-DR-FL, City of West Miami, Truck Capacity Certification, PW 153
Cross-Reference: Debris Removal, Documentation
Summary: Hurricane Katrina deposited a large amount of vegetative debris throughout the city of West Miami. FEMA prepared and obligated PW 153 to reimburse the City of West Miami (Applicant) $280,512 in debris removal costs. During project closeout, FEMA reduced the eligible amount by $63,093 for debris removed by 11 of the Applicant’s contractor's trucks, for which the Applicant had not submitted certifications, and for the overbilling of loads by six (6) other trucks where the claimed load volumes exceeded the associated truck’s certified capacity. In a first appeal, the Applicant claimed FEMA never informed it that truck certifications for its contractor’s vehicles were a requirement for funding and requested that FEMA re-obligate the $63,093 in disallowed debris removal costs. The Regional Administrator denied the appeal noting that FEMA’s Public Assistance Debris Management Guide (FEMA 325), published April 1999, states that applicants must maintain and update notarized lists of trucks involved in debris removal operations. In addition, the Regional Administrator stated that billing for load volumes that exceeded the certified capacities of the trucks was unreasonable and unnecessary. Following the first appeal, the Applicant located copies of the missing truck certifications and submitted them with its second appeal which reiterates that the addition of sideboards to the trucks increased the capacities and resulted in the discrepancy between the certified capacities and the volumes recorded on the load tickets.
Issues: 1. Has the Applicant established that the work performed by the 11 trucks is eligible for Public Assistance funding?
2. Has the Applicant provided documentation to support certain trucks were modified with sideboards, thus increasing the capacity?
Findings: 1. Yes.
Rationale: 44 CFR §206.223(a)(3) General work eligibility, 44 CFR §206.224(a) Debris Removal, Public Interest