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Debris Removal
Appeal Brief
Appeal Letter
Citation: FEMA-1603-DR-LA; Housing Authority of New Orleans, Debris Removal, Project Worksheet (PW) 8474
Cross-reference: Debris Removal
Summary: Following Hurricane Katrina on August 29, 2005, the Applicant utilized two existing stand-by contracts for tree removal and maintenance to damaged trees and vegetative debris that posed a health and safety threat on property owned by the Housing Authority of New Orleans. FEMA initially prepared PW 8474 for $633,035 for the removal of trees, stumps, and other vegetative debris by contract labor. Following a review, FEMA reduced eligible funding to $307,580 due to a lack of documentation for the work performed. In its first appeal, the Applicant claimed that it incurred approximately $690,000 in eligible costs. The Applicant clarified that some of the documentation requested by FEMA such as landfill tickets were not available because the United States Army Corps of Engineers contractors disposed of the debris after it was brought to the right of way. In addition, the Applicant asserted that FEMA never informed it of the monitoring and documentation requirements. The Regional Administrator denied the first appeal because the Applicant did not provide documentation substantiating that the debris removed met eligibility criteria or that the contractors work was monitored.
The Applicant submitted its second appeal on March 7, 2008, and subsequently requested an opportunity to present the second appeal orally to FEMA. At this meeting on August 5, 2008, FEMA requested final invoices for the debris removal work. On November 8, 2008, the Applicant submitted copies of itemized debris removal invoices totaling $690,220 for services performed by the two tree service contractors. The invoices document work performed from October 2005 through January 2006 at specific public housing facilities for general debris removal/site clean-up, tree trimming (by branch size), tree removal (by trunk size), stump removal, shrub/bush removal, delivery and placement of mulch, and delivery and placement of sand.
Issues: Has the Applicant provided sufficient cost documentation to determine eligible costs?
Findings: Yes.
Rationale: Stafford Act Section 403(a)(3)(A) & Section 407; OMB A-87, Att-A.C.2.; 44 CFR 13.36; 44 CFR 206.224
Appeal Brief
| Disaster | FEMA-1603-DR |
| Applicant | Housing Authority of New Orleans |
| Appeal Type | Second |
| PA ID# | 071-U8M7N-00 |
| PW ID# | Project Worksheet 8474 |
| Date Signed | 2009-04-15T04:00:00 |
The Applicant submitted its second appeal on March 7, 2008, and subsequently requested an opportunity to present the second appeal orally to FEMA. At this meeting on August 5, 2008, FEMA requested final invoices for the debris removal work. On November 8, 2008, the Applicant submitted copies of itemized debris removal invoices totaling $690,220 for services performed by the two tree service contractors. The invoices document work performed from October 2005 through January 2006 at specific public housing facilities for general debris removal/site clean-up, tree trimming (by branch size), tree removal (by trunk size), stump removal, shrub/bush removal, delivery and placement of mulch, and delivery and placement of sand.
Appeal Letter
April 15, 2009
Colonel Thomas Kirkpatrick (Ret.)
State Coordinating Officer
Governors Office of Homeland Security and Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, Louisiana 70806
Re: Second AppealHousing Authority of New Orleans, PA ID 071-U8M7N-00,
FEMA-1603-DR-LA, Project Worksheet (PW) 8474
Dear Colonel Kirkpatrick:
This letter is in response to your letter dated May 9, 2008, which transmitted the referenced second appeal on behalf of the Housing Authority of New Orleans (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for debris removal from public housing facilities.
Following Hurricane Katrina on August 29, 2005, the Applicant utilized two existing stand-by contracts for tree removal and maintenance to damaged trees and vegetative debris that posed a health and safety threat on property owned by the Housing Authority of New Orleans. FEMA prepared Project Worksheet (PW) 8474 for $633,035 for the removal of trees, stumps, and other vegetative debris by contract labor. Upon review, FEMA reduced the eligible funding to $307,580 due to a lack of documentation such as landfill tickets to support the work performed.
In a letter dated May 5, 2006, the Applicant submitted its first appeal claiming that it incurred approximately $690,000 in eligible costs. The Applicant discussed the contracting procedures; clarified that landfill tickets were not available because the contractors only moved the debris to curbside, or disposed of chips through other means; and stated that FEMA never informed them of the monitoring and documentation requirements. The Applicant included statements from the two contractors that they only removed debris that posed a safety threat. In a letter dated December 31, 2007, the Regional Administrator denied the first appeal because the Applicant did not provide documentation demonstrating that the debris removed met Public Assistance eligibility criteria and that the contractors work was monitored.
The Applicant submitted its second appeal on March 7, 2008, and subsequently requested an opportunity to present the second appeal orally to FEMA. FEMAs Public Assistance Division Director and staff met with representatives of the Applicant on August 5, 2008, to discuss the appeal. FEMA requested final invoices for the debris removal work. On November 8, 2008, the Applicant submitted copies of itemized debris removal invoices totaling $690,220 for services performed by two tree service contractors. The invoices document work performed from
October 2005 through January 2006 at specific public housing facilities for general debris removal/site clean-up, tree trimming (by branch size), tree removal (by trunk size), stump removal, shrub/bush removal, delivery and placement of mulch, and delivery and placement of sand.
Eligible debris removal work must be necessary to eliminate an immediate threat to life, public health and safety. The Applicant has not demonstrated that the removal of shrubs and bushes ($10,420), delivery of mulch ($2,900), and delivery and placement of sand in ponding areas ($22,330) were necessary to eliminate an immediate threat. General debris removal and site cleanup ($12,210), tree trimming ($259,700), tree removal ($355,300), and stump removal ($27,360) were required to eliminate a threat to public health and safety. Debris removal costs must be reasonable for the respective scope of work in order to be eligible for Public Assistance. The sizes and quantities of the branches and trees removed are consistent with hurricane damage and the contract costs for the work are consistent with work performed by other contractors for similar work in the area.
I have reviewed the information submitted with the appeal and have determined that the Applicant is eligible to receive total funding of $654,570 for PW 8474, which is an additional $346,990 above the previously obligated amount. Therefore, I am partially granting the appeal. By copy of this letter, I am requesting the Regional Administrator to take appropriate action to implement this determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206 Appeals.
Sincerely,
/s/
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Gary Jones
Acting Regional Administrator
FEMA Region VI
Tony Russell
Acting Director
Louisiana Transitional Recovery Office
Colonel Thomas Kirkpatrick (Ret.)
State Coordinating Officer
Governors Office of Homeland Security and Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, Louisiana 70806
Re: Second AppealHousing Authority of New Orleans, PA ID 071-U8M7N-00,
FEMA-1603-DR-LA, Project Worksheet (PW) 8474
Dear Colonel Kirkpatrick:
This letter is in response to your letter dated May 9, 2008, which transmitted the referenced second appeal on behalf of the Housing Authority of New Orleans (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for debris removal from public housing facilities.
Following Hurricane Katrina on August 29, 2005, the Applicant utilized two existing stand-by contracts for tree removal and maintenance to damaged trees and vegetative debris that posed a health and safety threat on property owned by the Housing Authority of New Orleans. FEMA prepared Project Worksheet (PW) 8474 for $633,035 for the removal of trees, stumps, and other vegetative debris by contract labor. Upon review, FEMA reduced the eligible funding to $307,580 due to a lack of documentation such as landfill tickets to support the work performed.
In a letter dated May 5, 2006, the Applicant submitted its first appeal claiming that it incurred approximately $690,000 in eligible costs. The Applicant discussed the contracting procedures; clarified that landfill tickets were not available because the contractors only moved the debris to curbside, or disposed of chips through other means; and stated that FEMA never informed them of the monitoring and documentation requirements. The Applicant included statements from the two contractors that they only removed debris that posed a safety threat. In a letter dated December 31, 2007, the Regional Administrator denied the first appeal because the Applicant did not provide documentation demonstrating that the debris removed met Public Assistance eligibility criteria and that the contractors work was monitored.
The Applicant submitted its second appeal on March 7, 2008, and subsequently requested an opportunity to present the second appeal orally to FEMA. FEMAs Public Assistance Division Director and staff met with representatives of the Applicant on August 5, 2008, to discuss the appeal. FEMA requested final invoices for the debris removal work. On November 8, 2008, the Applicant submitted copies of itemized debris removal invoices totaling $690,220 for services performed by two tree service contractors. The invoices document work performed from
October 2005 through January 2006 at specific public housing facilities for general debris removal/site clean-up, tree trimming (by branch size), tree removal (by trunk size), stump removal, shrub/bush removal, delivery and placement of mulch, and delivery and placement of sand.
Eligible debris removal work must be necessary to eliminate an immediate threat to life, public health and safety. The Applicant has not demonstrated that the removal of shrubs and bushes ($10,420), delivery of mulch ($2,900), and delivery and placement of sand in ponding areas ($22,330) were necessary to eliminate an immediate threat. General debris removal and site cleanup ($12,210), tree trimming ($259,700), tree removal ($355,300), and stump removal ($27,360) were required to eliminate a threat to public health and safety. Debris removal costs must be reasonable for the respective scope of work in order to be eligible for Public Assistance. The sizes and quantities of the branches and trees removed are consistent with hurricane damage and the contract costs for the work are consistent with work performed by other contractors for similar work in the area.
I have reviewed the information submitted with the appeal and have determined that the Applicant is eligible to receive total funding of $654,570 for PW 8474, which is an additional $346,990 above the previously obligated amount. Therefore, I am partially granting the appeal. By copy of this letter, I am requesting the Regional Administrator to take appropriate action to implement this determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206 Appeals.
Sincerely,
/s/
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Gary Jones
Acting Regional Administrator
FEMA Region VI
Tony Russell
Acting Director
Louisiana Transitional Recovery Office