Wendy Huff Ellard

Represented large city in Florida in successful arbitration before the Civilian Board of Contract Appeals, including presentation of multiple expert pavement and road construction witnesses during virtual hearing.

Represented Colorado county impacted by wildfires in an arbitration before the Civilian Board of Contract Appeals, including successfully defending against FEMA's Motion to Dismiss due to the recipient's alleged untimely transmittal of the underlying appeal and full award of all costs claimed for identification of removal of hazardous trees along private roads.

Assisted a private non-profit client with negotiation of settlement of claims based on alleged negligence of a private utility as a contributing party to ignition of a large wildfire also declared a major disaster under FEMA's Public Assistance Program, including coordination with FEMA to support compliance with duplication of benefits principles applicable to client’s concurrent Public Assistance claims.

Favorably settled an arbitration before the Civilian Board of Contract Appeals regarding additional time extension/extension of the period of performance needed to complete eligible beach restoration work following Hurricane Matthew.

Represented a Texas city in a request for arbitration before the Civilian Board of Contract Appeals, based on the city's $10 million claim for federal funding to restore its damaged water line following Hurricane Harvey. Obtained a ruling that the administrative appeal was timely, the city had maintained its water line and the damages were eligible for funding pursuant to FEMA’s eligibility requirements, and directing the parties to coordinate on the amount of funding owed to the city.

Won a ruling on behalf of a water management district in a trial before the CBCA to obtain eligibility from FEMA for its aged dam and spillway.

Represented a Florida publicly owned hospital in an arbitration before the Civilian Board of Contract Appeals, where the assigned panel determined "FEMA [had] provided no basis in fact or law for finding the applicant's appeal untimely" and directed FEMA to consider the hospital appeal on the merits.

Represented a small municipality in South Florida before the Civilian Board of Contract Appeals in a successful challenge of FEMA's stringent views on the documentation required to support the removal of hazardous debris.

Represented a Florida electric cooperative in recovering more than $3.5 million in previously denied FEMA Public Assistance before the Civilian Board of Contract Appeals.

Prepared a comprehensive FEMA Procurement Toolkit for a municipal electric utility membership association, including a procurement policy template, written standards of conduct, and various checklists to promote compliance with FEMA procurement requirements among member utilities.

Represented a North Carolina private nonprofit drainage association before the Civilian Board of Contract Appeals in a proceeding that resulted in the recovery of more than $3 million in previously denied FEMA Public Assistance funding.

Aided a state emergency management agency in recovering more than $11 million in previously denied FEMA Public Assistance before the Civilian Board of Contract Appeals.

Worked alongside a heavily impacted Alabama electric cooperative in immediate post-disaster response, including support of rapid deployment of multiple base camps and supporting infrastructure. Assisted with solicitation of and contracting with multiple right-of-way, power restoration, and debris vendors using non-competitive emergency contracting to support critical response efforts.

Represented a United States territory's power authority in an arbitration filed after the Federal Emergency Management Agency (FEMA) denied its request for $58 million to fund power generators. Successfully negotiated an arbitration agreement for the full $58 million.

Prepared and administered emergency purchase orders, requests for proposals, contracts, procurement policies, and written standards of conduct for compliance with FEMA procurement regulations.

Prepared and implemented a joint procurement model for a large generation and transmission electric cooperative and its members in two states, including management of the solicitation, evaluation, and contracting process.

Oversaw immediate post-disaster recovery efforts for a large local government entity, including support of emergency contracting, damage assessments, and coordination of initial FEMA and state meetings.

Prepared procurement-compliance checklists and memoranda for various government entities to facilitate compliance with FEMA procurement regulations in advance of a disaster that requires work eligible for federal Public Assistance funding.

Prepared and presented a three-part training series for a state-wide electric cooperative association, including focus modules on mutual aid, procurement compliance, emergency work, and documentation requirements to support FEMA reimbursement.

Represented a general aviation airport in arbitration before the Civilian Board of Contract Appeals in an appeal of FEMA's denial of a request for funding a flood mitigation proposal under FEMA's Section 406 Hazard Mitigation Program, a matter that required extensive briefing and a three-day arbitration hearing during which more than a dozen witnesses were examined.

Represented a large metropolitan government entity in the administrative appeal process under FEMA's Public Assistance Program, successfully securing approval of more than $2 million based on reasonableness of equipment cost and emergency need for access to public safety vehicles.

Successfully represented a Colorado county against FEMA in an arbitration regarding hazardous tree work.