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Hallandale Beach, Florida - Northeast Quadrant Drainage Project

Appeal Brief

ApplicantFlorida Division of Emergency Management
Appeal Type2nd
Project Number75
Date Signed

1st Appeal

  • Issue
    • The date of disaster closeout is March 31, 2017, and the POP for the project expired on March 31, 2015. The State requested a five year Period of Performance (POP) extension through August 30, 2020 for a large drainage project on behalf of the City of Hallandale Beach, to August 30, 2020, after the City determined the need for major redesign. The FEMA Region 4 office denied the request.
  • Reason for Denial
    • The date of disaster closeout is March 31, 2017, and the POP for the project expired on March 31, 2015.
  • Reference(s)
    • 44 CFR 206.440 Appeals; HMA Guidance Part VI D.4.1 POP Extensions

2nd Appeal

  • Issue
    • The State submitted a second level appeal to Region 4, and Region 4 forwarded the Appeal to FEMA HQ on January 26, 2016.
  • FEMA Findings
    • FEMA HQ conditionally approved the 2nd appeal, with requirement of written commitment for completion of construction no later than April 2018 to be submitted with 30 days.
  • Rationale
    • FEMA HQ acknowledged the difficulties in completed the project, and also cited the late age of the disaster.
  • Reference(s)
    • 44 CFR 206.440 Appeals; HMA Guidance Part VI D.4.1 POP Extensions

Appeal Letter

Miles Anderson, Florida Division of Emergency Management, 2555 Shumard Oak Boulevard Tallahassee, Florida 32399

RE: Second Appeal – Hazard Mitigation Grant Program (HMGP) Project ID #DR-1609-0075-R, Northeast Quadrant Drainage Project, City of Hallandale Beach, Florida

Dear Mr. Miles Anderson:

This is in response to your letter dated January 29, 2016, which transmitted the referenced appeal on behalf of the Florida Division of Emergency Management (FDEM). The FDEM, on behalf of the City of Hallandale Beach, is appealing the Federal Emergency Management Agency (FEMA) Regional Office’s decision to deny the Period of Performance (POP) extension request regarding the HMGP 1609-0075-R City of Hallandale Beach, Northeast (NE) Quadrant, Drainage Project.

Phase I design was approved for this project on June 18, 2008. On May 6, 2011, FEMA approved the construction phase of the NE Quadrant project. FEMA subsequently allowed the Scope of Work (SOW) to be expanded, and as a result FEMA approved funding for drainage improvements to the Southwest (SW) Quadrant on October 27, 2011, and the Southeast (SE) Quadrant on October 3, 2012.

The City cited a “plethora” of challenges they faced during design and construction, which included unsuitable soil conditions, Florida Building Code changes and difficulties in environmental permitting. The City subsequently determined that a major redesign of the SE/SW portion of the project was necessary.

The current POP for this project expired on March 31, 2015. The overall disaster closeout date is March 31, 2017. On September 21, 2015, the FDEM filed an appeal on behalf of the City of Hallandale Beach in order for the City to complete the additional SW/SE Quadrants of the project. The State requests that the POP be extended to August 30, 2020. On March 16, 2015, FEMA had a conference call with the State and the City of Hallandale Beach to discuss the current status of the appeal, as well as discuss options for resolution.

After a review all HMGP projects under DR-1609-FL, we commend the State of Florida for awarding and substantially completing 119 projects. This project is one of six that remains open.

FEMA acknowledges the difficulties that the City has encountered in completing this project. However, given the age of the disaster, the fact that the disaster close-out period is next year, and that both the State and FEMA have expressed a desire to close-out this disaster in a timely manner, I will grant this appeal if the sub-recipient and recipient can assure FEMA that the project design and construction will be completed no later than April 2018. This written commitment to complete by April 2018 must be submitted to FEMA within the next 30 days . Without the City’s written commitment to complete the project by April 2018, the first level appeal decision by the Regional Administrator will stand.

By copy of this letter, I request the Regional Administrator to take appropriate action to implement this determination. My determination is the final decision on this issue is in accordance with 44 CFR 206.440, Appeals.

Sincerely,

Michael M. Grimm

Assistant Administrator for Mitigation Federal Emergency Management Agency

Appeal Analysis

The purpose of the extention request was to allow time for the subapplicant to complete the expanded portion of the Scope of Work (SOW). The project’s original SOW, which is the Northeast Quadrant, had already been completed. The expanded portion, known as Southeast and Southwest, was added to the original SOW in October of 2012. Lack of progress on the project was considered in the denial by Region 4.
Last updated Jul 26, 2016

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