Immediate Threat

Appeal Brief

Appeal Letter

Appeal Analysis

Background

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the State of Florida with an incident period of January 20, 2020, to May 11, 2023.[1] The City of Tallahassee (Applicant) requested Public Assistance funding for various measures including COVID-19 screening and testing, personal protective equipment, communications of health and safety information, air filters and purifiers, a hose and hand soap for an outdoor handwashing station installed in its public park, and contracted security for the park. The Applicant performed work from October 1, 2020, through May 31, 2021. FEMA documented the requested work in Grants Manager Project 664448/Project Worksheet 696 and the Applicant’s requested costs totaling $394,447.67.

FEMA issued a Determination Memorandum approving all costs except the $1,850.42 for the cost of the handwashing station items and contract services associated with park security patrols.[2] FEMA stated that the materials purchased were for regular operations and not required for life saving measures specific to COVID-19. For the contract security costs, FEMA found that the enforcement of COVID-19 guidelines in a public park was not an eligible emergency protective measure, because the security services were not for an eligible activity such as for security performed at a COVID-19 testing or vaccination center.

First Appeal 

In a letter dated October 27, 2022, the Applicant appealed FEMA’s denial of $1,850.42 for materials and contract services. The Applicant argued the purchase and distribution of handwashing supplies were eligible. For the security services, the Applicant argued that it took reasonable measures to ensure the public followed social distancing guidelines and that it acted in accordance with guidance available at the time. In a letter signed on December 28, 2022, the Florida Division of Emergency Management (Recipient) transmitted the appeal with support.

The FEMA Region 4 Regional Administrator denied the appeal in a letter dated April 18, 2023, finding that the Applicant did not demonstrate the items were necessary in response to an immediate threat to lives or public health and safety under FEMA’s COVID-19 policies.

Second Appeal

In a letter dated June 10, 2023, the Applicant submitted a second appeal, arguing that the material and contract services were necessary measures related to COVID-19. The Applicant acknowledges that hand soap was within its normal operating budget but states that it purchased extensive amounts of hand soap exceeding the budgeted amount. The Applicant states that it installed the hose and hand soap at the outdoor handwashing station in its public park to maintain a safe area. For the contract security services, the Applicant states it required security services “as a means to enforce social distancing guidelines, prohibit entry to City Parks after mandatory park closures, and mitigate threats of vandalism to City facilities.”[3] The Applicant explains that the threat of vandalism increased during the COVID-19 pandemic. The Recipient forwarded the appeal to FEMA supporting the Applicant’s appeal.

Discussion

FEMA is authorized to provide assistance for emergency protective measures to save lives and protect public health and safety.[4] For emergency protective measures to be eligible, the Applicant is responsible for showing the work is required due to an immediate threat resulting from the declared incident.[5] FEMA may provide assistance for measures implemented to facilitate the safe opening and operation of all eligible facilities in response to COVID-19.[6] This includes cleaning and disinfection, including the purchase and provision of necessary supplies and equipment in excess of the Applicant’s regularly budgeted costs.[7] Eligible emergency protective measures in response to COVID-19 may also include security and law enforcement.[8]

The Applicant purchased a hose and hand soap, in excess of its regularly budgeted costs, for a handwashing station to facilitate the safe opening and operation of an eligible facility, its public park. Therefore, the $127.58 for these items is eligible. Next, the Applicant states it utilized contract security services to enforce social distancing and park closures, in addition to mitigating the threat of vandalism to Applicant facilities. However, FEMA does not extend emergency work eligibility to implement community-wide mitigation efforts to reduce a future event, such as the anticipated or potential transmission of COVID-19.[9] Additionally, the Applicant has not demonstrated the cost of security services to enforce outside social distancing, prohibit entry to parks after mandatory closures, or address the threat of vandalism, eliminated or lessened an immediate threat from COVID-19. Therefore, the contracted security services are not eligible. 

Conclusion

The Applicant has demonstrated that the cost for the hose and hand soap for the handwashing station were implemented to facilitate the safe opening and operation of an eligible facility. The Applicant has not demonstrated that the contract security services are eligible emergency protective measures in response to COVID-19. Therefore, the appeal is partially granted and $127.58 is eligible.