Legal Responsibility, Immediate Threat

Legal Responsibility

HEADNOTES

NCS resulting from the COVID-19 pandemic must be at the direction of and documented through an official order signed by an SLTT public health official. The Applicant has not established NCS was done at the direction of and documented through an official order signed by an SLTT public health official. Eligible work, in accordance with FEMA’s O&O Policy, includes cleaning, disinfection, and temperature scanning, which includes the purchase of hand-held temperature measuring devices. Increased costs of operating a facility or providing a service are generally not eligible, even when directly related to the incident. The majority of the requested costs, $118,829.21, is associated with ineligible increased operating costs or NCS costs. In contrast, $10,921.03 is eligible because it is associated with cleaning, disinfection, and temperature scanning.

CONCLUSION

The Applicant did not demonstrate that it was legally responsible to provide NCS services, nor that $118,829.21 in claimed costs were associated with eligible emergency protective measures. However, the Applicant’s costs for cleaning, disinfecting, and temperature scanning totaling $10,921.03 are eligible in accordance with FEMA’s COVID-19 policies. Therefore, the appeal is partially granted.

AUTHORITIES

Stafford Act §§ Section 403 and 502. 44 CFR § 206.223(a)(1), 206.223(a)(3) and 206.225(a) PAPPG, at 19, 42, 57, and 60. O&O Policy, at 4-5 Fact Sheet Non-Congregate Sheltering; FEMA FAQ Non-Congregate Sheltering. DeSales Media Group Inc., FEMA-4480-DR-NY, at 1. University of Pittsburgh, FEMA-4506-DR-PA, at 1. The Center for Housing Solutions Inc., FEMA-4587-DR-OK, at 2. City of Tallahassee, FEMA-4486-DR-FL, at 2.

44 CFR § 206.223(a)(1), 206.223(a)(3) and 206.225(a)
Legal Responsibility, Immediate Threat