Restoration of Damaged Facilities

April 26, 2012

Bryan Koon

Director

Division of Emergency Management

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

Re:  Second Appeal – Palm Beach County, PA ID 099-99099-00, Restoration of Damaged Facilities, FEMA-1545-DR-FL, Project Worksheet (PW) 7724

Dear Mr. Koon:

This is in response to the letter from your office dated May 9, 2007, which transmitted the referenced second appeal on behalf of Palm Beach County (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for the costs associated with re-keying doors and installing hardware in the amount of $10,280.

Background

In September 2004, Hurricane Frances caused significant damage throughout the State of Florida.  As a result of severe winds and driving rain from Hurricane Frances, the facility at which Palm Beach County’s Palm Tran Connection was located suffered water damage.  Project Worksheet (PW) 7724 was prepared for the cost of disaster damaged equipment, communications systems, fire and security alarm systems, and door locks.  Upon review, the expenses related to re-keying doors and installing hardware in PW 7724 were found ineligible because the Applicant did not present evidence that these items were damaged as a result of Hurricane Frances.   

First Appeal

In the Applicant’s first appeal, submitted to FEMA by the State on April 19, 2006, the Applicant argued that the doors and hardware were replaced due to storm related damages.  The replacement of disaster damaged doors necessitated re-keying all doors and installing new hardware to maintain the Applicant’s security guidelines.  However, the facility did not appear to be in compliance with the Applicant’s security guidelines prior to the disaster.  Therefore, the installation of new door hardware and the re-keying costs for all doors represented an improvement over the facility’s pre-disaster condition.  The Regional Administrator denied the appeal on January 10, 2007.

Second Appeal

The Applicant submitted its second appeal on January 31, 2007, and reiterated its previous argument that the costs of installing door hardware and re-keying of locks were necessary to maintain its security guidelines, and incurred only because of the hurricane related damages. The Applicant also included a copy of its security guidelines in the second appeal.

Discussion

Pursuant to Title 44 CFR §206.226(d)(1), Restoration of Damaged Facilities, the Public Assistance program provides funding for eligible facilities and in consideration of local repair or replacement standards.  The standards must apply to the type of repair or restoration required and be appropriate to the predisaster use of the facility. The replacement of the disaster damaged doors necessitated re-keying all doors and installing new hardware.  The hardware and re-keying of the replaced doors also conformed to the security guidelines. In accordance with the FEMA Public Assistance Guide FEMA 322, dated October 2009, costs that can be directly tied to eligible work must be reasonable and necessary to accomplish the work.  An analysis of the cost of items listed on the invoice was completed utilizing RS Means and showed a total cost above the requested amount.  The requested amount of $10,280 is therefore a necessary and reasonable cost.     

Conclusion

I have reviewed the information submitted with the appeal and have determined that the Applicant’s second appeal should be granted. By copy of this letter, I am informing the Regional Administrator of my determination in order for him to implement this decision.

Please inform the Applicant of my decision.  This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

 Sincerely,

/s/

Deborah Ingram

Assistant Administrator

Recovery Directorate

cc:   Major P. May

       Regional Administrator

       FEMA Region IV