For COVID-19 declarations, FEMA may allow written retroactive agreements that are signed after the eligible emergency work was performed. The retroactive agreement must be signed by both parties’ authorized representatives, and it must demonstrate that the eligible work previously conducted was performed with the retroactive consent of the SLTT. When a PNP provides emergency services at the request of, and certified by, the legally responsible government entity, FEMA provides PA funding through that government entity. Here, the Applicant has not provided a retroactive agreement that is signed by both parties’ authorized representatives. In addition, even if the agreement were legally sufficient, FEMA provides funding to the SLTT not the Applicant.

FEMA finds that the Applicant has not demonstrated it had legal responsibility for the claimed work. Therefore, this appeal is denied.

Stafford Act § 403(a)(3). 44 C.F.R. §§ 206.223(a)(3), 206.225(a)(1). PAPPG, at 60, 61. Fact Sheet, Private Nonprofit Organizations, at 2. Legal Responsibility Memorandum, at 1-2. Divine Providence Inc., FEMA-4497-DR-KY, at 3.