Documentation
Appeal Brief
Appeal Letter
Citation: FEMA-1008-DR-CA, Jewish Community Centers of Los Angeles
Cross-reference: Documentation
Summary: Certain of the facilities of the Jewish Community Centers of Los Angeles (JCC) were damaged in the 1994 Northridge Earthquake. FEMA obligated $274,263 for repairs. JCC used an affiliated organization, the Jewish Federation Council (JFC) to contract for and manage the work. JCC received progress payments from the State and passed those funds on to JFC. When the State conducted its Final Project Certification, JCC was unable to document that it had transferred the funds to JFC. Upon OESs recommendation FEMA deobligated the total amount of funding. In January 2003, JCC filed a first appeal, and included documents showing it had transferred $135,815 to JFC. JCC asked that FEMA re-obligate the entire eligible amount, but Region IX re-obligated only the amount documented. JCC filed a second appeal on September 16, 2003, asking that the remaining $138,448 be re-obligated. Subsequently, JCC was able to document another $95,377 in funds transfers to JFC, leaving $43,071 undocumented.
Issues: Has JCC provided documents sufficient to identify the source and application of grant funds?
Findings: No. JCC has been unable to provide such documentation for $43,071 of funding.
Rationale: Title 44 Code of Federal Regulations § 13.20(b), Standards for Financial Management
Appeal Brief
| Disaster | FEMA-1008-DR |
| Applicant | Jewish Community Centers of Los Angeles |
| Appeal Type | Second |
| PA ID# | 037-90699 |
| PW ID# | 10914-10916 |
| Date Signed | 2004-03-16T05:00:00 |
Appeal Letter
March 16, 2004
Mr. Dallas Jones
Governors Authorized Representative
Governors Office of Emergency Services
P.O. Box 419047
Rancho Cordova, California 95741-9047
Re: Second Appeal, Jewish Community Centers of Los Angeles, PA ID# 037-90699, Documentation, FEMA-1008-DR-CA, Damage Survey Reports DSRs 10914-10916
Dear Mr. Jones:
This is in response to your letter dated November 6, 2003, to Laurence Zensinger former acting, and now Deputy Director of the Recovery Division of the Federal Emergency Management Agency (FEMA), appealing the partial deobligation of DSRs 10914-10916 by FEMA Region IX.
Three of the community centers operated by the Jewish Community Centers of Los Angeles (JCC) were damaged as a result of the January 17, 1994, Northridge Earthquake. FEMA obligated a total of $274,263 for repairs. JCC engaged the services of the Jewish Federation Council (JFC), an umbrella organization that supports several constituent agencies including JCC, to contract for and manage the work. When JCC received progress payments from the State it would customarily pass those funds over to JFC.
On November 13, 2002, upon a recommendation by the Governors Office of Emergency Services (OES), FEMA deobligated DSRs 10914-10916 in the amount of $274,263 because JCC could not adequately document that the funds JCC received from the State were transferred to JFC. As a result, OES could not certify that the funds had been expended on the project.
On January 10, 2003, JCC filed its first appeal, which included documents showing that JCC had deposited $135,815 into JFCs account on July 3, 1997. JCC asked that FEMA re-obligate the entire funding. FEMA re-obligated the $135,815 that had been substantiated, but denied the appeal to re-obligate the entire funding.
On September 16, 2003, JCC filed a second appeal of Region IXs decision not to re-obligate the remaining $138,448 of eligible funding. In its November 6, 2003, transmittal of JCCs second appeal, OES stated that it believed JCC had acted in good faith and had provided the entire funding to JFC; however, without supporting documentation, OES would be unable to support JCCs appeal.
On November 11, 2003, JCC provided OES with documentation showing that an additional payment of $95,377 had been transferred to JFCs account on August 27, 1996, leaving a total of $43,071 undocumented. JCCs second appeal requests that we re-obligate the sum of $43,071, even though that amount remains undocumented to OESs satisfaction.
44 CFR §13.20 sets financial management standards for grantees and subgrantees. However, the grantee has discretion in administering the grants under its own procedures. Therefore, a decision on the sufficiency of JCCs financial records is more appropriately a matter for OES to decide. Accordingly, we will not re-obligate the $43,071 in funding that JCC has not been able to document to OESs satisfaction. In the event OES is able to satisfy its requirements by examining the project records of JFC, the entity that acted as JCCs agent, we will, upon a recommendation by OES, re-obligate the remaining funds.
Based on the above, I am denying this appeal. Please inform Jewish Community Centers of Los Angeles of my decision. My decision is the final determination on this matter pursuant to 44 CFR §206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Jeff Griffin
Regional Director
FEMA Region IX
Mr. Dallas Jones
Governors Authorized Representative
Governors Office of Emergency Services
P.O. Box 419047
Rancho Cordova, California 95741-9047
Re: Second Appeal, Jewish Community Centers of Los Angeles, PA ID# 037-90699, Documentation, FEMA-1008-DR-CA, Damage Survey Reports DSRs 10914-10916
Dear Mr. Jones:
This is in response to your letter dated November 6, 2003, to Laurence Zensinger former acting, and now Deputy Director of the Recovery Division of the Federal Emergency Management Agency (FEMA), appealing the partial deobligation of DSRs 10914-10916 by FEMA Region IX.
Three of the community centers operated by the Jewish Community Centers of Los Angeles (JCC) were damaged as a result of the January 17, 1994, Northridge Earthquake. FEMA obligated a total of $274,263 for repairs. JCC engaged the services of the Jewish Federation Council (JFC), an umbrella organization that supports several constituent agencies including JCC, to contract for and manage the work. When JCC received progress payments from the State it would customarily pass those funds over to JFC.
On November 13, 2002, upon a recommendation by the Governors Office of Emergency Services (OES), FEMA deobligated DSRs 10914-10916 in the amount of $274,263 because JCC could not adequately document that the funds JCC received from the State were transferred to JFC. As a result, OES could not certify that the funds had been expended on the project.
On January 10, 2003, JCC filed its first appeal, which included documents showing that JCC had deposited $135,815 into JFCs account on July 3, 1997. JCC asked that FEMA re-obligate the entire funding. FEMA re-obligated the $135,815 that had been substantiated, but denied the appeal to re-obligate the entire funding.
On September 16, 2003, JCC filed a second appeal of Region IXs decision not to re-obligate the remaining $138,448 of eligible funding. In its November 6, 2003, transmittal of JCCs second appeal, OES stated that it believed JCC had acted in good faith and had provided the entire funding to JFC; however, without supporting documentation, OES would be unable to support JCCs appeal.
On November 11, 2003, JCC provided OES with documentation showing that an additional payment of $95,377 had been transferred to JFCs account on August 27, 1996, leaving a total of $43,071 undocumented. JCCs second appeal requests that we re-obligate the sum of $43,071, even though that amount remains undocumented to OESs satisfaction.
44 CFR §13.20 sets financial management standards for grantees and subgrantees. However, the grantee has discretion in administering the grants under its own procedures. Therefore, a decision on the sufficiency of JCCs financial records is more appropriately a matter for OES to decide. Accordingly, we will not re-obligate the $43,071 in funding that JCC has not been able to document to OESs satisfaction. In the event OES is able to satisfy its requirements by examining the project records of JFC, the entity that acted as JCCs agent, we will, upon a recommendation by OES, re-obligate the remaining funds.
Based on the above, I am denying this appeal. Please inform Jewish Community Centers of Los Angeles of my decision. My decision is the final determination on this matter pursuant to 44 CFR §206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Jeff Griffin
Regional Director
FEMA Region IX
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