Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 085-68000-00; City of San Jose
PW ID# 7; Interim Sheltering Costs for Hurricane Katrina Evacuees
Citation: FEMA-3248-EM-CA, City of San Jose, Interim Sheltering Costs for Hurricane Katrina Evacuees, PW 7
Reference: Sheltering Costs
Summary: On February 26, 2007, FEMA approved Project Worksheet (PW) 7 for actual costs of $27,692 incurred by the City of San Jose (Applicant) for sheltering Hurricane Katrina evacuees. The PW was written as a small project at 40% complete. On July 19, 2010, the California Emergency Management Agency (Cal EMA) delivered the Applicant’s Final Inspection Report to FEMA and recommended final eligible funding of $27,692 because the Applicant did not request a Net Small Project Overrun. On October 22, 2010, the Applicant submitted its first appeal and requested that the PW be amended to a large project and requested additional funding in the amount of $410,629 for costs associated with debit cards, furniture purchase and delivery, and housing rentals. In response to the first appeal on November 18, 2011, FEMA approved additional funding in the amount of $167,154 based on documentation not previously submitted by Cal EMA. FEMA determined that $243,475 was not eligible due to the lack of supporting documentation, duplication of payments, and work being performed after the established deadline of March 1, 2006 for funding interim sheltering costs. On February 7, 2012, the Applicant submitted a second appeal and reiterated its request for funding in the amount of $243,475. The Applicant did not provide new information or supporting documentation for the costs claimed in its second appeal. Cal EMA does not support the Applicant’s second appeal.
Issues: 1) Is the supporting documentation provided by the Applicant sufficient to justify the claimed costs?
2) Are costs for sheltering Hurricane Katrina evacuees eligible after the deadline established for the Section 403 Interim Sheltering Program?
Findings: 1) No.
Rationale: Robert T. Stafford Disaster Relief and Emergency Assistance Act Section 403; Title 44 Code of Federal Regulations (44 CFR) §206.225 Emergency Work; Disaster Specific Guidance (DSG) Conversion of Assistance - 403 to 408 dated March 26, 2006; Disaster Specific Guidance, Hurricane Katrina and Rita Transitional Housing Strategy, dated November 14, 2005.