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HomeMy WebLinkAboutNS - Grant - Acceptance of Hazard Mitigation Grant Project Funds - Emergency GeneratorsORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 21, 2006 Action Agenda Item No. 5_ SUBJECT• Acceptance of Hazard Mitigation Grant Project Funds -Emergency Generators DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Award Letter Jack Ball, (919) 968-2050 Letter of Appreciation to NCDEM Memorandum of Agreement (under separate cover) PURPOSE: To accept grant funding. and approve a memorandum of agreement for a State pass-through competitive grant of federal Hazard Mitigation funds to reimburse the County for new generators to be placed at the County's Emergency Operations Center and at the emergency radio communications tower on Eno Mountain. BACKGROUND: The December 2002 ice storm received a Presidential disaster declaration through the Federal Emergency Management Agency (FEMA) on December 12, 2002. This declaration made available funds to assist authorized counties to mitigate the effects of future disasters. Orange County was one of the authorized counties. As part of the critique of the response to the ice storm, staff conducted a needs assessment of potential mitigation measures. The installation of permanent generators at critical buildings was identified as a priority during the needs assessment. Staff developed a federal grant application based upon the needs assessment: The Emergency Operations Center and the communications tower on Eno Mountain were two of the seven County--owned critical facilities identified in the grant application. On January 31, 2003, Orange County Emergency Management submitted the competitive grant application in the amount of $503,000 to the North Carolina Division of Emergency Management (NCDEM). The application proposed the procurement and installation of generators at seven critical facilities in the County, competing against all other eligible counties for funding. NCDEM approved Orange County's grant application, but only for the Emergency Operations Center and the Eno Mountain tower. NCDEM then forwarded the County's application to FEMA. Orange County's grant application was initially denied by FEMA. NCDEM then appealed the denial, due to their understanding of the criticality of Orange County's project. Their appeal was denied. FEMA then informed NCDEM that the project could be funded out of a special allocation of the hazard mitigation funds. Since the time of the original January 31, 2003 application, two other disasters had occurred which increased the amount of the special allocation of hazard mitigation funds and allowed for the funding of the Orange County project. In fact, the allocation (HMGP-1490-0005) that will pay for this generator project is from the Hurricane Isabel mitigation grant allocation. Grant funding to replace the existing generators at Emergency Management and Eno Mountain may provide opportunities to relocate and reuse the existing generators for other functions. Staff will report back to the Board at a later date on options for redeploying the existing generators. In the view of County staff, employees of the North Carolina Division of Emergency Management went "above and beyond the call of duty" in seeking and securing an appropriate avenue of grant funding for this important Orange County public safety enhancement. Staff have prepared the accompanying letter of appreciation that would go from the Chair of the BOCC to the Director of the Division of Emergency Management. FINANCIAL IMPACT: The total funding allocation for this project is $92,986. The Federal Government requires a 25% non-federal match, which will be borne by the State in the amount of $22,569. Accordingly, no County funds are required to complete-this project. The County will file for reimbursement from the State pursuant to the terms of the grant. There may be some incidental use of existing staff time; however, no additional County costs are expected. RECOMMENDATION(S): The Manager recommends that the Board: 1. Accept the grant award; 2. Approve the Memorandum of Agreement, subject to final review by staff and the County Attorney; 3. Authorize the Chair to sign and transmit the accompanying letter of appreciation to NCDEM staff; and 4. Authorize the Manager to sign the Memorandum of Agreement and any other appropriate documents necessary to the successful execution and completion of this grant funded project. ~. d~~q ~; ~ . ~~,,,.~- Nor~th CaI•olina Depat~tment of Crime Control and Public Safety Division of Emergency Management Michael F.. Easley, Governor Bryan E.. Beatty, Secretary December 13, 2005 Mr. John Link County Manager Orange County 1914 New Hope Church Road Hillsborough, NC 27278 Dear Mr. Link: The Federal Emergency Management Agency (FEMA) approved your application for a Hazard Mitigation Generator Project Grant (FEVIGP) for Orange County., Your total grant amount is $92,986 and includes both federal funds (75%) and your local matching funds (25%).. Your project number is HMGP-1490-0005.. Enclosed are two originals of the HMGP Grant Agreement,. Each document should be -- signed by you in two (2) places -the signature page and Attachment C. After signing the Agreement, please include the date and have your signature witnessed on the signature page To expedite processing, please return these documents by overnight mail to Angelicia Simmons, Hazard Mitigation Legal Buyout Team, North Carolina Division of Emergency Management, 1830-B Tillery Place, Raleigh, NC 27604•• The overnight mail charges are reimbursable as part of administrative cost.. After Deputy Secretary Gerald A. Rudisill, .Tr. signs both originals of the agreement, we will forward one copy of'the fully executed contract to you for your records. You are reminded that monthly progress reports are a condition of this grant and should be submitted no later than the tenth of each month.. We look forward to working with you . BEB:jt Enclosures Sincerely, ~~ P . Bryan E.. Beatty Secretary 1830-B Tillery Place • Raleigh, North Carolina 27604 • Ielephone (919)715-8000 An Equal Opportunity/Affirmative Action Employer DRAFT February 21, 2006 Mr. Douglas Hoell, Director Division of Emergency Management North Carolina Department of Crime Control and Public Safety 4713 Mail Service Center Raleigh, NC 27699-4713 Dear Director Hoell, I write on behalf of the Orange County Board of County Commissioners to express our appreciation for your and your staff's support in regards to the Hazard Mitigation Generator Project Grant (HGMP-1490-0005). Our county received this grant to install backup generators at the county's Emergency Operations Center and the primary emergency communications radio tower. The Board has learned from county staff that significant effort went into this initiative at the state level, in dealing with the Federal Emergency Management Agency, to get this project approved. The Board understands that North Carolina Emergency Management was denied the use of the Hazard Mitigation funds at one point and had to actively seek an appeal, and we further understand that the appeal was denied as well. While we take issue with the Federal Emergency Management Agency in limiting the use of mitigation funds in this manner, we credit the actions of your department in its success in finding allowable funding for this project. We further are thankful to the state for supplying the matching funds for the grant. In addition to your efforts in assisting our county in this manner, the Board wishes to call attention to the former director of the Division, Kenneth Taylor, and the Hazard Mitigation Grants Manager, Todd Brown, for their performance in determining means to make this grant successful. The County looks forward to working with your staff in implementing this grant project and values your Division as a partner as we continue to provide for the caring and wellbeing of our community's residents. Best, Barry Jacobs Chair, Board of County Commissioners Orange County PROJECT: HMGP-1494-ddd5 MA PROJECT Number: 5-F NORTH CAROLINA HAZARD MITIGATION GRANT AGREEMENT {EOC GENERATOR PROJECT) THIS HAZARD MIIIGATION ACQUISITION AND DEMOLITION PROTECT GRANT AGREEMENT {the Agreement) is entered into by and between the State of North Carolina, Department of Crime Control and Public Safety, Division oi' Emergency Management, Raleigh, North Carolina {hereinafter refexred to as the "AGENCY/ GRANTEE"), and Orange County (hereinafter refexred to as the "RECIPIENT/ SUBGRANTEE")~ WHEREAS, Hurricane Isabel produced disastx•ous weather conditions which had a devastating impact upon pazts of'Nozth Carolina; and WHEREAS, the severity of the damage loss resulted in the declaz•ation of a disaster and/oz emergency by the Govexnoz~ and WHEREAS, The President of'the United States has concurred and has declared an emergency or a majoz~ disaster designated HMGP DR-1490; and WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the Presidential Declaration, has made available federal funds for' hazard mitigation grants; and WHEREAS, the North Carolina Emergency Management Act, N.C.G S §166A-1 et sec, and N..C G S . § 143B-476 authorize the relationship as described herein; and WHEREAS, the RECIPIENI/SUBGRANTEE represents that it is fully qualified, possesses the x•equisite skills, knowledge, qualifications and experience to provide the services identified herein, and does agree to perform as described herein; NOW, THEREFORE, the AGENCY/GRANTEE and the RECIPIENT/ SUBGRANIEE do mutually agree as follows: (1) SCOPE OF WORK The RECIPIENT/SUBGRANIEE shall fully pexfaxm the approved Hazard Mitigation Grant Program (HMGP) project, as described in the approved FEMA application as described in Attachment A, in accordance with the approved scope of work in the approved IiEMA application, the estimate of costs indicated in the approved FEMA application, and the terms and conditions of this Agreement • RECIPIENI/ SUBGRANTEE shall not deviate from the approved project and the terms and conditions of'this Agreement RECIPIENT/SUBGRANTEE shall . comply with any and all applicable codes and standards in performing work funded Hazard Mitigation Page 1 FENIA-DR-x490-0005 Orange County Grant Agreement (O under this Agreement, and shall provide any appropriate maintenance and security for the project. The project costs axe an estimate only and do not represent ox' indicate the amount of funds that will be provided for the acquisition of the structure(s). the final project costs will be determined according to the policies and procedures in the applicable North Carolina Division of Emergency Management Standard Operating Procedure (2) FUNDING AND INSURANCE The AGENCY/GRANTEE shall provide Hurricane Isabel funds for costs incurred in performing the project identified in the approved FEMA application as identified in Attachment A as follows: Hazard Mitigation Grant Program Funds: A.. EOC Genera#or Pr•ojec# Total Number of Generators Total Cost 200 KW Generator 2 $69,514 50 KW Generator Genexator~ Labor Costs/unit Total Units Total Soft Costs Labor Costs 2 $20,764 Total Estimated Project Costs $ 90,278 The total estimated generator px•oject costs are an estimate only and do not zepresent or indicate the amount of'fiinds that will be provided for the acquisition of the structure(s) the final project costs will be determined accoz~ding to the policies and procedures in the applicable North Carolina Division of Emergency Management Standard Operating Procedure.. B. Furtdfng Sonr•ces Estimated Federal Share for' 1490-0005 $67,709,.00 Non-Federal Share 1) Estimated State Share for 1490-0005 $ 22,569,.00 Other Non-FEMA Federal Funds for 1490-0005 $ 2,708..00 TOTAL FOR 1490-0005 $ 92,986.00 Hazard Mitigation Page 2 FEMA-DR-1490-OO05 Orange County Grant Agr~eeroent 7 The above-referenced costs do not include the AGENCY/GRANIEE Administrative expenses in the amount of Seven Hundred and Four Dollars ($704..00}. Allowable costs shall be determined in accordance with the Robert T Stafford Disaster Relief and Emergency Assistance Act, 42 U..S.C. §5121 et. sec,. 44 C.F. R_ Part 206, 44 C F..R Part 209, 44 C F..R. Part 1.3, and other applicable Hazard Mitigation Grant Program guidance Administrative costs shall be compensated irr accordance with 44 C..F .R.. §206..439(b)(I){ii) 44 C.F .R.. §209.11(b) the RECIl'IENT/SUBGRANIBE shall utilize the forms entitled "Request for Advance" and "Cost Report" to obtain funds under this agreement.. RECIPIENI/ SUBGRANIBE shall not receive funds under this agreement if it does not submit Cost Report or Request For' Advance forms Io receive funds under this agreement, RECIPIENT/ SUBGRANTEE shall complete the Designated Agent Form and forward it to the appropriate Division of Emergency Management Hazard Mitigation Grant Program Project Manager or Hazard Mitigation Specialist.. Asper' Paragraph 12(d) of this Agreement, if'RECIPIENT/ SUBGRANTEE designates different representatives or designated agents, RECIPIENT/ SUBGRANTEE shall notify AGENCY/GRAN I EE . To receive funds under this agreement, the Designated Agent shall sign the Cost Report or Request for Advance Form.. These forms are hereby incorporated into this Agreement by reference. Following full execution of this Agreement, the Fiscal Section of'the Department of Crime Control and Public Safety will forward the Cost Report to the RECIPIENT/ SUBGRANIEE. {See sample Cost Report attached). RECIPIENT/ SUBGRANTEE shall complete the Cost Report and attach appropriate invoices or~ other appropriate documentation and forward it to the appropriate Division of Emergency Management Hazard Mitigation Grant Program Project Manager or Hazard Mitigation Specialist AGENCY/ GRANTEE will reimburse RECIPIENT/SUBGRANIEE for eligible costs in increments of Five Hundred Dollars ($500.00) or greater the final payment of funds will be made only after project completion, submission of all required documentation, final inspection, and a request for final reimbursement.. RECIPIENT/SUBGRANIEE agrees, as a condition of receipt of funding pursuant to this Agreement, to obtain reasonably available, adequate, and necessary insurance for the type or' types of hazard for which the major disaster was declared, in accordance with the requirements of44 C.F..R. 206 subpart L. (3) DUPLICATION OF BENEFITS PROHIBITION In accordance with the provisions of'42 U.S.C.. §5155 (Section 312 of the Stafford Act) duplication of'benefits is prohibited.. The RECIPIENT/ SUBGRANTEE shall notify the AGENCY/GRANTEE, as soon as practicable, of'the existence of any Hazard Mitigation Page 3 FEMA-DR-1490-0005 Orange County Grant Agreement g insurance coverage for the costs identified in the application, and of any entitlement to or recovery of funds from any other source for the project costs, including Small Business Administration funding; Minimum Home Repair funds, and other Federal, State and private funding. Allowable costs shall be reduced by the amount of duplicate sources available. the RECII'IENT/ SUBGRANTEE shall be liable to the AGENCY/GRANTEE to the extent that the RECIPIENI/ SUBGRANTEE receives duplicate benefits froin any other source for the same purposes for which the RECIPIENT/ SUBGRANIEE has received payment from the AGENCY/GRANTEE . The RECIPIENT/SUBGRANTEE shall immediately remit to the AGENCY/ GRANTEE any duplication of'benefits payment received by the RECIPIENTI SUBGRANTEE.. In the event the AGENCY/ GRANTEE determines a duplication of~benefits has occuxr•ed RECIPIENT/SUBGRANTEE hereby authorizes the Controller of the Department of Crime Control & Public Safety to offset action against any other available funding due the RECIPIENT/SUBGRANIEE In addition, RECIPIENT/SUBGRANTEE shall ensure, as a condition of~ funding under this Agreement, that all required Privacy Act releases and Duplication of Benefit paperwork is completed. {4) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the RECIPIENT/SUBGRANTEE and the AGENCY/GRANTEE shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to, those identified in Attachments B, C, and D. (5) PERIOD OF AGREEMENT Ihis Agreement becomes effective upon execution of the signatures of all parties of the agreement. the date of execution shall be the date of the last signature. the termination date is July 20, 2007 unless terminated earlier in accordance with the provisions ofparagr•aphs (6), (8), (11), (13) or {17} (6) MODIFICATION OF CONTRACT Either party may request modification of'the provisions of'this Agreement.. Changes, which ar•e mutually agreed upon, shall be valid only when reduced in writing, duly signed by each of the parties hereto, and attached iin the original of this Agreement. (7) RECORD KEEPING, PROCUREMENT AND PROPERTY MANAGEMENT (a} If applicable, RECIl'IENI/SUBGRANT'EE's performance under this Agreement shall be subject to 44 C.F .R Part 13, "Uniform Administrative Hazard Mitigation Page 4 FEMA-DR-r 490-0005 Orange County Grant Agreement 4 Requirements for Grants and Cooperative Agreements to State and Local Governments" and/or OMB Cir•culax• No.. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and/or OMB Circular No A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circcular• No A-122, "Cost Principles for Nonprofit Organizations " (b) If' applicable, all financial and programmatic records, supporting documents statistical records and other records of RECIPIENT/ SUBGRANIEE shall be retained pursuant to 44 C F..R. Part 13~ All original records pertinent to this Agreement shall be retained by the RECIPIENT/SUBGRANIEE for three years following the date of termination of this Agreement or• of submission of'the fmal closeout report, whichever is later, with the following exceptions: • If' any litigation, claim ox audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the r'ecor'ds have been resolved. (c} All records, including supporting documentation of alI progx•am costs, shall be sufficient to determine compliance with the requirements and objectives of'the Budget and Scope of Work - Attachment A -and all other applicable laws and regulations.. {d) the RECIPIENT/SUBGRANIEE, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the AGENCY/GRANTEE, its employees, and agents "Reasonable" shall be construed according to the circumstances bttt ordinazily shall mean during normal business hours of 8:00 a.m_ to 5:00 p.m ,local time, on Monday through Friday.. "Agents" shall include, but not be limited to, auditors retained by the AGENCY/GRANIEE. (8) REPORTS (a) the RECIPIENT/SUBGRANIEE shall provide monthly progress repozts to the AGENCY/GRANTEE, using the Progress Report Form. Reports aze due by the tenth of'the following month Reports shall indicate the status and completion date for each project funded, any pxobtems or circumstances affecting completion. dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the terms ofthe grant award Interim inspections shall be scheduled by the RECIPIENT/SUBGRANIEE prior to the final inspection and maybe Hazard Mitigation Page 5 FEMA-DR-1490-0005 Orange County Grant Agreement 10 requested by the AGENCY/GRANTEE based on information supplied in the pxogr•ess reports the AGENCY/GRANTEE may require additional reports as needed The RECIPIENT/ SUBGRANIEE shall, as soon as possible, provide any additional reports requested by the AGENCY/GRANTEE. The AGENCY/GRANTEE contact will be the Division of Emergency Management Hazard Mitigation Grant Program Project Manager or Hazard Mitigation Specialist for all reports and requests for reimbursement, (b) RECIPIENT/SUBGRANIEE shall provide the AGENCY/ GRANTEE with a close-out report on forms provided by the AGENCY/GRANTEE. The close-out report is due no later than forty-five (45) days after termination of this Agreement or• upon completion of'the activities contained in this Agreement {c) If' all required reports and copies ar•e not sent to the AGENCY/ GRANTEE or are not completed in a manner acceptable to the AGENCYlGRANTEE, the AGENCY/ GRANTEE may withhold further payments until they are completed or may take such other action as set forth in paragraph (11).. The AGENCY/GRANTEE may terminate the Agreement with a RECIPIENT/SUBGRANTEE if reports ar•e not received within thirty (.34) days after written notice by the AGENCY/ GRANTEE.. "Acceptable to the AGENCY/GRANTEE" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of'Work, Attachment A. (d) Upon request by the AGENCY/GRANTEE, the RECIPIENI/ SUBGRANTEE shaIl provide such additional program updates or information as may be required by the AGENCY/GRANTEE.. (9} MONITORING The RECIPIENT/SUBGRANTEE shall constantly monitor its performance under this Agreement to ensure that time schedules ar•e being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved.. Such review shall be made fox' each function, or activity set forth in Attachment A to this Agreement and incorporated by reference herein.. (10) LIABILITY (a) Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies. in or by reason of this Agreement This Agreement does not give any person or entity other than the parties hereto Hazard Mitigation Page 6 FEMA-DR-1490-0005 Orange Coanty Grant Agreement any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of~the parties hereto. Ibis Agreement is not made fox the benefit of any third person of persons No third paxty may enforce any part of this Agreement or shall have any rights hereunder.. Ihis Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. (b) Except as otherwise provided in subparagraph (c) below, the RECIl'IENT/ SUBGRANIEE shall be solely responsible to patties with whom it shall deal in carrying out the terms of'this agreement, and shall save the AGENCY/GRANTEE harmless against all claims of'whatever nature by thud patties arising out of'the performance of work under this agreement For purposes of this agreement, RECIPIENI/SUBGRANIEE agrees that it is not an employee ox' agent of'the AGENCY/GRANIEE, but is an independent contractor. (c) RECIPIENT/5UBGRANTEE who is a state agency or subdivision, agrees to be fully responsible for its own negligent acts or omissions or tortious acts.. Nothing herein is intended to serve as a waiver of sovereign immunity by any RECIPIENT/ SUBGRANIEE to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or' subdivision of the State of'North Carolina to be sued by third parties in any matter arising out of any contract. (11} DEFAULT: REMEDIES: TERMINATION (a) if any of'the following events occur ("Events of'Default"), all obligations on the part of the AGENCY/GRANTEE to make any further payment of funds her•eunder• shaII, if'the AGENCY/ GRANTEE so elects, terminate, and the AGENCY/GRANTEE may at its option exercise any of'its remedies set forth herein, but the AGENCY/GRANTEE may make any payments or parts of'payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: If any warranty or representation made by the RECIPIENI/ SUBGRANTEE in this Agreement or any pt evious Agreement with the AGENCY/GRANTEE shall at any time be false ox misleading in any respect, or if the RECIPIENT/SUBGRANTEE shall fail to keep, obsexve or perform any of the terms or' covenants contained in this Agreement or any previous agreement with the AGENCY/GRANTEE and has not cured such in timely fashion, or' is unable or• unwilling to meef its obligations thereunder; 2.. >f' any material adverse change shall occur in the financial condition Hazard Mitigation Page 7 FEMA-DR-1490-0005 Orange County Grant Agreement l~ ofthe RECIlIENT/SUBGRANTEE at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the AGENCY/GR.ANIEE, and the RECIPIENT/ SUBGRANIEE fails to cure said matez~ial adverse change within thirty (30) days from the time the date written notice is sent by the AGENCY/GRANTEE; If any reports required by this Agreement have not been submitted to the AGENCY/GRANTEE or have been submitted with incorrect, incomplete or insufficient information; 4. If the RECIPIENT/SUBGRANIEE has failed to perform and complete in timely fashion any ofthe services required under the Budget and Scope of•Work attached hereto as "Attachment A" S. If'the necessary funds are not available to fund this agreement as a result of action by Congress, the N..C Legislature, or the Office of State Budget and Management (b) Upon the happening of an Event of Default, then the AGENCY/ GRANTEE may, at its option, upon written notice to the RECIPIENT/ SUBGRANTEE and upon the RECIPIENT/ SUBGRANTEE's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the AGENCY/GRANTEE from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1.. Terminate this Agreement, provided that the RECIPIENT/ SUBGRANTEE is given at least fifteen (15) days prior written notice of'such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail return receipt requested, to the address set forth in pat•agraph (12} herein; 2. Commence an appropriate legal or equitable action to enforce performance of'this Agreement; 3.. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any other rights or remedies which may otherwise be available under law.. (c) the AGENCY/GRANTEE may terminate this Agreement for cause upon such written notice to RECIPIENI/SUBGRANIEE of such termination [iazard Mitigation Page 8 1:EMA-DR-2490-0005 Orange County Grant Agreement 13 and specifying the effective date thereof; at least one (1) day before the effective date of'termination, Cause shall include, but not be limited to, misrepresentation in the grant application, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner, and refusal by the RECIPIENI/SUBGRANIEE to permit public access to any document, paper, letter, or other material subject to disclosure under N.,C. General Statutes. (d) Suspension or termination constitutes final AGENCY/GRANTEE action Notification of'suspension or termination shall include notice of administx•ative hearing rights and time frames. (e} the RECIPIENT/SUBGRANTEE shall return funds to the AGENCY/ GRANTEE if' found in non-compliance with laws, rules, regulations governing the use of'the funds or this Agreement (f) Notwithstanding the above, the RECIPIENT/SUBGRANTEE shall not be relieved of liability to the AGENCY/GR.ANIEE by virtue of any breach of Agreement by the RECIPIENI/SUBGRANTEE,. The AGENCY/ GRANTEE may, to the extent authorized by law, withhold any payments to the RECIPIENT/SUBGRANTEE for purpose of set-off until such time as the exact amount of'damages due the AGENCY/GRANTEE from the RECIPIENT/ SUBGRANTEE is determined. (12) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, first class, certified mail, return receipt requested, to the representative identified below and said notification attached to the original of this Agreement (b) the name and address ofthe AGENCY/GRANTEE contract manager for this Agreement is: John Crew Hazard Mitigation Section Chief Department of Crime Control & Public Safety Division of Emergency Management Disaster Recovery Operations Center 1830-B Tillery Place Raleigh, NC 27604 (c) the name and address of the Representative of the RECIPIENT/ SUBGRANTEE (Designated Agent) responsible for the administration of this Agreement is: Hazard Mitigation Page 9 FEMA-DR-1490-0005 Orange County Grant Agreement /~f Mailing Address: John Link Counfiy Manager Orange County Post Office Bog 8181 Hillsborough, NC 27275 Overnight Address John Link County Manager Orange County 1914 New Hope Church Road Hillsborough, NC 27278 In the event that different representatives (designated agents) are designated by either party afler~ execution of this Agreement, notice of the name, title and address of the new representative (new designated agent) will be rendered as provided in (12)(a} above To receive funds under this agreement, RECIPIENT/ SUBGRANTEE shall complete the Designated Agent Porm and forward it to the appropziate Division of Emergency Management Hazard Mitigation Grant Program Project Manager or Hazax•d Mitigation Specialist.. To receive funds under this agreement, the Designated Agent shall sign the Cost Report ox' Request for Advance Foxm., (1.3) OTHER PROVISIONS (a) the validity of'this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the RECIPIENT/SUBGRANTEB, in the Application, in any subsequent submission or response to the AGENCY/ GRANTEE request, or any submission ox zesponse to fulfill the requirements of this Agreement, and such information, representations, and materials ax e incorporated by x•eference. The lack of accuracy thereof' or any material changes shall, at the option of the AGENCY/GRANTEE and with thirty (30) days written notice to the RECIl'IENT/SUBGRANIEE, cause the termination of'this Agreement axid the release of'the AGENCY/ GRANTEE fiom all its obligations to the RECIPIENT/ SUBGRANIEE (b) This Agreement shall be construed under the laws of the State of North Cax•olina and venue for any actions arising out of this Agreement shall be filed in State Court in Wake County, Nozth Cazolina If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement, Hazard Mitigation Page 10 FEMA-DR-2490-0005 Orange County Grant Agreement 15 (c) No waiver by the AGENCY/GRANTEE of any tight or remedy granted hereunder or failure to insist on strict performance by the RECIPIENT/ SUBGRANIEE shall affect or extend or act as a waiver of any other right or remedy of the AGENCY/GRANTEE hereunder, or affect the subsequent exercise of the same right or remedy by the AGENCY/ GRANTEE for any further or subsequent default by the RECIPIENT/ SUBGRANTEE. Any power of approval or disapproval granted to the AGENCY/ GRANTEE under the terms ofthis Agreement shall survive the terms and life ofthis agreement as a whole (14) AUDIT REQUIREMENTS (a) If applicable, RECIPIENT/SUBGRANTEE shall provide the following completed documentation to the AGENCY/GRANTEE: • Designation of'Applicant's Agent; • State-Applicant Disastez• Assistance Agreement; • Private Non-Profit Qr•ganization Certification (if required); • Summary of Documentation Form itemizing actual costs expended for' lax•ge project payment requests; • Monthly Progress Reports; • Hard copies of'Single Audit Reports within 60 days of'close of fiscal year.. If'the RECIl'ENT/SUBGRANTEE fails to provide any of the documentation discussed or requested in this Agreement, the AGENCY/GRANTEE will be under no obligation to reimburse the RECIPIENT/SUBGRANTEE for eligible expenses (b) The RECIPIENT /SUBGRANTEE agrees to maintain financial procedures and support documents and to establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with generally accepted accounting principles_or as directed by the Governor's Authorized Representative, to account for the receipt and expenditure of funds under this Agreement If applicable, RECIPIENT/SUBGRANTEE shall conduct audit(s) pursuant to the Single Audit Act of 1984, 31 U S.C. §7501 et..seq.., 44 C.F..R. Part 14, OMB Circular A-133, "Audits of'States, Local Governments, and Non-profit Organizations," and applicable North Carolina laws, rules and regulations.. Further, RECIPIENT/SUGRANTEE must provide a hard copy of the Single Audit Report within sixty (60) days of the close of'its fiscal year Otherwise, pursuant to 44 C.F.R.. §13.43, the AGENCY/GRANTEE may withhold or suspend payments under any grant award. Hazard Mitigation Page 11 FEMA-DR-1490-0005 Orange County Grant Agreement l~ (c) These r•ecor~ds shall be available at all reasonable times fox inspection, review, or audit by the N..C• State Auditor and other personnel duly authorized by the AGENCY/GRANTEE "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business houx•s of 8:00 a m. to 5:00 p..m.., Eastern Standard Time, Monday through Friday (d) The RECIPIENT/SUBGRANIEE shall also provide the AGENCY/ GRANTEE with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (e} The RECIlIENT/SUBGRANTEE shall provide the AGENCY/ GRANTEE and the Office of'the State Auditor with an annual financial audit report. • The annual financial audit report shall include all management letters and the RECIPIENT/SUBGRANTEE's response to all findings, including corrective actions to be taken. (f) In the event the audit shows that the entire funds disbursed hereunder, ox any portion thereof; were not spent in accordance with the conditions of this Agreement, the RECIPIENI/ SUBGRANTEE shall be held liable for reimbursement to the AGENCY/GRANIEE of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the AGENCY/GRANTEE has notified the RECIPIENT/SUBGRANTEE of such non-compliance.. (g) The RECIPIENT/SUBGR.ANTEE shall retain all financial recox•ds, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures r eport.. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (15) SUBCONTRACTS (a} If the RECIPIENT/SUBGRANTEE subcontracts any or all of'the work required under this Agreement, the RECIPIENT/ SUBGRANIEE agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of'this Agreement with the AGENCY/GRANTEE (b) The RECIl'IENT/SUBGRANTEE agrees to include in the subcontract that the subcontractor shall hold the AGENCY/ GRANTEE and RECIPIENT/ SUBGRANTEE harmless against all claims ofwhatever nature arising out Hazard Mitigation Page 12 FEMA-DR-1490-0005 Orange CounTy Grant Agreement l7 ofthe subcontractor's performance of~work under this Agreement, to the extent allowed and xequu•ed by law. (c) If the RECIPIENT/SLTBGRANTEE subcontracts, a copy of the executed subcontract must be foxwar•ded to the AGENCY/ GRANTEE within ten (10) days of execution of'said subcontract. (d) Contractual arrangement shall in no way relieve the RECIPIENT/ SLTBGR.ANTEE of its responsibilities to ensure that all funds issued puz•suant to this grant be administered in accordance with all state and fedex•al requirements. (1~ TERMS AND CONDITIONS This Agreement and any exhibits and amendments aruiexed hereto and any documents incorporated specificaIl,y by reference represents the entire Agreement between the parties and supersedes all prior oral and written statements or agreements . (1'7) STANDARD CONDITIONS The RECIPIENT/SLTBGRANIEE agrees to be bound by the following standard conditions: (a) the State of North Carolina's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is contingent upon Congress providing Hurricane Isabel funds fox• 1490 projects.. (b) If otherwise allowed under this Agreement, extension of an agreement for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial agreement Upon FEMA approval, there will be only one extension of the agreement unless the failure to meet the criteria set forth iri the agreement fox completion of the agreement is due to events beyond the control of the RECIPIENT/SLTBGRANTEE (c) The AGENCY/GRANTEE reserves the right to unilaterally cancel this Agreement for refusal by the RECIPIENT/SLJBGRANIEE to allow public access to all documents, papers, letters or other material subject to the provisions of the N.C. Gener•aI Statutes and made or received by the Conti•actor/RECIPIENT/SUBGRANTEE in conjunction with the Agreement. Hazard Mitigation Page 13 FEMA-DR-1490.0005 Orange County Grant Agreement 1S (1 S) ATTACHMENTS (a) AlI attachments to this Agreement are incorpox•ated as if'set out fully herein {b) In the event of any inconsistency or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of'such conflict or• inconsistency.. {c) This Agreement includes the following attachments or documents incorporated by reference as if fully set out herein: 1.. Attachment A Approved Project Budget & Scope of Work 2. Attachment B Program Statutes and Regulations 3 Attachment C Lobbying Prohibition/Certification 4. Attachment D Statement of'Assur•ances 5.. Attachment E Special Conditions G. Cost Report and Request for Advance 7 Progress Report Form 8. N..C Division of Emergency Management minimum criteria for local hazard mitigafiion plans 9, Hazard Mitigation Grant Program Application Approved by FEMA 14. The RECIPIENT/SUBGRANTEE's application to the State for funding under the FEMA Hazard Mitigation Grant Program (19) FUNDING/CONSIDERATION {a} This is acost-reimbursement Agreement. The RECIl'IENT1 SUBGRANTEE shall be reimbursed for eligible costs incurred in the satisfactory performance of work hereunder in an amount not to exceed Ninety-Two Thousand, Nine Hundred and Eighty-Six Dallar•s ($92,986.00) subject to the availability of funds These costs do not include the AGENCY/GRANTEE administrative expenses in the amount of Seven Hundred and Four' DoIlar•s ($704.00) These costs are the total estimated project costs and ar•e an estimate only and do not represent or indicate the amount of funds that will be provided fox' the acquisition of'the structure(s) The final project costs will be determined according to the policies and procedux•es in the applicable North Carolina Division of Emergency Management Standard Operating Procedure. (b) Any advance payment undex this Agreement is subject to the approval of the AGENCY/GRANTEE, the amount which maybe advanced may not exceed the expected cash needs of the RECIPIENT/SUBGR.ANTEE for• a Hazard Mitigation Page 14 FEMA-DR-1490-0005 Orange County Grant Agreement three-day pexiod for• the specific project. For a federally funded contract, any advance payment is also subject to 44 C F .R. Part 13, Federal OMB Circulars, A-110, A-122 and the Cash Management Irrrpxovement Act of 1990. If' an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted to the Division of Emergency Management Contract Manager using the Cost Report and Request for Advance Form RECIPIENT/SUBGRANTEE shall specify the amount of advance payment needed, project number and provide an explanation of the necessity fox and proposed use ofthese funds. (c) All funds shall be requested using the appropriate forms that ar•e provided by the AGENCY/GRANTEE. (20) STATE LOBBYING PROHIBITION No funds or other resources received from the AGENCY/GRANTEE in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the N..C. General Assembly or any state department.. Refer to Attachment C for additional terms and provisions relating to lobbying (21) LEGAL AUTHORIZATION the RECIPIENT/SUBGRANIEE certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The RECIPIENT/SUBGRANIfiE also certifies that the undersigned possesses the authority to legally execute and bind RECIPIENT/SUBGRANTEE to the terms of this Agreement. (22) ASSURANCES The RECIPIENT/SUBGRANTEE shall execute and comply with the Statement of~ Assurances incorporated as Attachment D.. (23) SPECIAL CONDITIONS (a} The RECIPIENI/SUBGRANIEE shall comply with the special conditions set forth in Attachment fi, attached hereto and incorporated by this refexence.. (b) Failure of'the RECIPIENT/SUBGRANTEE to comply with the special conditions listed in Attachment E or the program statutes and regulations in Attachments B and D of'this Agreement shall be cause for• the immediate 19 Hazard Mitigation Page 15 FEMA-DR=1490-0005 Orange County Gx•ant Agreement a~ suspension of'payments or the immediate termination of this Agreement (24) HAZARD MITIGATION PLAN If'RECIPIENT/SUBGRANTEE is a local governmental entity, RECIPIENT/ SUBGRANTEE shall complete and adopt anall-hazards mitigation plan in a manner satisfactory to the State Hazard Mitigation Officer within three hundred and sixty-five (365) calendar days following execution of this Agreement. The all- hazards mitigation plan shall be developed in accordance with the minimum criteria for local hazard mitigation plans as determined by the AGENCY/ GRANTEE. The minimum criteria are incorporated by reference into this Agreement as if fully set out herein. (25) VOLUNTEER LABOR The RECIl'IENT/SUBGR.ANTEE shall have the authozity to use volunteer laboz or any. other labor force and shall have the authority to use acquired materials, equipment and supplies necessary to construct, build or' erect replacement housing in areas affected by FEMA-1134-DR-NC, FEMA-1240-DR-NC, FEMA-1291-DR- NC and FEMA-1292-DR-NC Further, when constructing, building, oz~ erecting replacement housing in the aforementioned affected areas, the RECIl'IENT/SUBGRANTEE shall use the replacement housing in lieu of purchasing eligible property pursuant to 44 C,F..R. Section 206.434(d) under the AGENCY/GRANTEE Hazard Mitigation Acquisition and Relocation Pr•ogr~am The RECIPIENT/SUBGRANTEE may use the difference between the actual cost to construct replacement housing and the pre-disaster fair market value of the acquired property as a credit or offset against the grant to acquire additional eligible properties, IN WIINESS WHEREOF, the AGENCY/GRANIEE and the RECIPIENI/SUBGRAN IEE have each executed this Agreement, this the day of , 2005. CONTRACIING AGENCY DCV.[SION OF EMERGENCY MANAGEMENI DEPARTMENT OF CRIME CONTROL AND PUBLIC - /~ SAFET Y 000""'---~~~ ' DOUG HOE L, DIRECTOR DIVISION OF EMERGENCY MANAGEMENT DATE L - o -a5 Hazard Mitigation Page 16 FEMA-DR-1490-0005 Orange County Grant Agreement a~ WITNESS: BY: GERALD A. RUDISILL, TR. DEPUTY SECRETARY DEPARIMENT OF CRIME CONTROL & PUBLIC SAFETY DATE WITNESS: BY: JOHN LINK COUNTY MANAGER ORANGE COUNTY RECIPIENT/SUBGRAN I EE FEDERAL EMPLOYER I.D.. #156-6000327 DATE APPROVEb AS iO PROCEAURES: BY: BENNIE AIKEN, CONTROLLER DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY DATE APPROVED AS TO FORM SUB,7ECI IO EXECUTION BY GERALD A. RUDISI[.L. JR. DEPUiY SECRETARY OF THE DEPARTMENI OF CRIME CONTROL AND PUBLIC SAFETY.. ROY COOPER ATTORNEY GENERAL OF NORTH CAROLINA BY: AS STA1L ~ E ERAL Flazard Mitigation Page 17 FEMA-DR-1490-0005 Orange County Grant Agreement a~ A-1 ATTACHMENT A BUDGET AND SCOPE OF WORK RECIPIENT/SUBGR.ANTEE shall implement the Hazard Mitigation project summarized below and as described in the approved project application (Project # HMGP-1490-0005).. That Application is hereby incorporated by reference into this Agreement. The AGENCY/GRANTEE shall reimbuzse eligible costs according to the following expenditures: I. Hazard Mitigation Grant Program Funds: A. EOC Generator' Project Total Number of Generators Total Cost 200 KW Generator 2 $69,514 50 KW Gener'ator' Generator Labor• Costs/unit Iotal Units Total Soft Costs Labor Costs 2 $20,764 Total Estimated Project Costs $ 90,278 B. Funding Sources Estimated Federal Share for 1490-0005 $67,709.00 Non-Federal Share 2) Estimated State Share for 1490-0005 $ 22,569.00 Other Non-FEMA Federal Funds for' 1490-0005 $ 2,708.00 TOTAL FOR 1490-0005 $ 92,986.00 The above-referenced costs do not include the AGENCY/GRANTEE Administrative expenses in the amount of•Seven Hundred and Four• Dollars ($704.00). The above referenced costs and the total estimated project costs are an estimate only and do not represent or indicate the amount of funds that will be provided for the acquisition of~the structure(s).. The final project costs will be determined according to the policies and procedures in the applicable North Carolina Division of Emergency Management Standard Operating Procedure.. Hazard Mitigation Page 18 FEMA-DR-7490-0005 Orange County Grant Agreement ~3 A-2 II. Scone of Work Summary Purchase and installation of 200 kW Permanent Auxiliary Power• Generator at Orange County Emergency Operations Center at 1914 New Hope Church Road and a 50 kW Permanent Auxiliary Power Gener•ator• at the Communications Tower on Eno Mountain. Hazard Mitigation Page 19 FEMA-DR-1490-0005 Orange County Grant Agreement a~ B-1 ATTACHMENT B PROGRAM STATUTES AND REGULATIONS This Agreement, the North Carolina Legislatux•e and the Hazard Mitigation Grant Progx•am (EOC Generator Project} grants are governed by the following statutes, regulations, procedures and policies: (1) The Robert T Stafford Disaster Relief'and Emergency Assistance Act, 42 U S C. §5121et..se~c; (2} 44 C.F.R parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, 221, 44 C.F..R. Part 209 and any other applicable FEMA policy memoranda and guidance documents; (3) Chapter 166A of the N.C. General Statutes, N..C.G S § 166A-1 et. se .., "The N.C. Emergency Management Act"; (4) State of North Carolina Administrative Plan for the Hazard Mitigation Grant Pxogx•am and policies and procedures of the N.C Division of Emergency Management; (5) All applicable laws and regulations delineated in Attachments D&E of'this Agreement; (6) All applicable laws, ox•dinances, codes, rules, regulations, licensing xequizements and other regulatory matters that ar•e applicable to the work performance under this Agreement, including those of~feder•al, state and local agencies having appropziate jurisdiction. Hazard Mitigation Page 20 . FEMA-DR-1490-0005 Orange County G- ant Agreement a5 ATTACFIMENT C LOBBYING PROHIBITION The undersigned certifies, to the best of his or' her knowledge and belief; that: (a) No Federal appr~opziated funds have been paid or' will be paid, by or on behalf' of the undersigned, to any person for influencing or attempting to influence either directly or' indirectly an officer or employee of any state or federal agency, a member of the N..C Legislature, a Member of Congress, an officer or employee of Congress, or' an employee of a Member of Congress in connection with the awaz~ding of any Federal contract, the making of any F ederal grant, the making of any Federal loan, the entering into of any cooperative agr~eerrlent, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any fonds other than Federal appropriated funds have been paid or will be paid to any person for influencing or' attempting to influence an officer or' employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this F eder•al contract, gY•ant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-L "Disclosure Form to Report Lobbying," in accordance with its instnzctions . {c) The undersigned shall require that the language of this certification be included in the awazd documents for all sub-awaz•ds at all tiers (including subcontracts, subgr~ants, and contracts under grants, loans, and cooperative agreements) and that all SUB-RECIPIENT/SUBGRANTEES shall certify and disclose accordingly.. This certification is a material representative o#' fact upon which reliance was placed when this transaction was made or entered into.. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 fox' each such failure.. RECIPIENT/SUBGRANTEE BY: John Link County Manager Orange County Hazard Mitegation Page 21 1tEMA-DR-14)0-0605 Orange County Giant Agreement a~ D-1 ATTACHMENT D STAIEMENT OF ASSURANCES The RECIPIENT/SUBGRANTEE hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program. (b) Its governing body has duly adopted or• passed as an official act a resolution, motion or similar action authorizing.the filing of the FIlVIGP application to FEMA, including all understandings and assurances contained therein, and directing and authorizing the RECIl'IENT/ SUBGRANTEE's chief executive officer to act in connection with the application and to provide such additional information as may be required: (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of•this agreement or to any benefit to arise from the same. No member, officer, ox' employee of the RECIPIENT/SUBGRANTEE, or its designees or agents, no member of~the governing body of'the locality in which the program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to program during his tenure or for one yeax• thexeafter•, shall have any interest direct or indirect, in any contract or program assisted under this agreement. The RECIPIENT/SUBGR.ANTEE shall incorporate or cause to be incorporated, in all such contracts or subcontx•acts a provision prohibiting such interest pursuant to the purposes stated above. (d) It will comply with and conduct audit(s) pursuant to the Single Audit Act of 1984, 31 U..S..C. §7501 et, sec ., 44 C F..R. Part 14, OMB Cix•culax• A-133 "Audits of States, Local Governments and Non-profit Organizations", and applicable North Carolina laws, rules and regulations Additionally, the RECIPIENT/ SUBGRANIEE shall comply with the requix•ements related to audits and fmancial management pursuant to the Single Audit Act of 1984, 31 U..S C. §7501 et. seq. and shall provide the documentation discussed below and requested under this Agreement.. RECIPIENT/ SUBGRANTEE must provide a hard copy of the Single Audit Act Report within sixty (60) days df the close of its fiscal year Otherwise, pursuant to 44 C F..R § 13.43, the AGENCY/SUB_GRANIEE may withhold or suspend payments under any grant award.. Failure to provide such documentation ox• to comply with said r•equir ements shall terminate any obligation on behalf' of the AGENCY/ GRANTEE to reimburse the RECIPIENT/SUBGRANIEE for eligible expenses.. Hazard Mitigation Page 22 FEMA-DR-1490-0005 Orange County Grant Agreement a~ D-2 1.. The AGENCY/GRANTEE shall xevi.ew the RfiCIl'IENT/ SUBGRANIEE's performance periodically to determine whether the RECIPIENT/SUBGRANTEE has substantially completed its program as described in the approved Application and this Agreement. Training and technical assistance shall be provided by the AGENCY/GRANTEE, within limits of~staff time and budget, upon written request by the RECIPIENT/SUBGRANTEE and/or upon a determination by the AGENCY/GRANTEE ofRECII'IENT/ SUBGRANTEE need. 2.. the RECIPIENT/SUBGRANTEE shall allow the AGENCY/ GRANTEE to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees, sub- RECII'IENI/SUBGRANTEES and subcontractors during such activities 3. In the event that the AGENCY/GRANTEE suspends funding pursuant to the provision of this Agreement, said suspension shall take effect' as of the x•eceipt of the notice of said suspension by the RECIPIENT/SUBGRANTEE., Any requests fox payment for which the AGENCY/GRANTEE has not yet disbursed payment shall be subject to said suspension 4. Should the RECIPIENT/SUBGRANIEE fail to enforce the provisions of~ any promissory note, mortgage, security agreement, ox othex• obligation specified in any Participating Party Agreement ox• in written contract with a beneficiary, contr•actox•, agent, or sub- RECIPIENT/ SUBGRANIEE who received payment ox benefit from funds disbursed under this Agreement, the AGENCY/ GRANTEE may, with thirty days (30) written notice to the RECIPIENI/SUBGRANTEE, automatically substitute itself for the RECIl'IENI/SUBGRANIEE in said Participating Party Agreement ox written contract for the purpose of enforcing said Participating Party Agreement ox• written contract and may, at its discretion, continue to administer said Participating Party Agreement or• written contract.. Hazard Mitigation Page 23 FEMA-DR-1490-0005 Orange County Grant Agreement ~~ D-3 The RECIPIENT/SUBGRANIEE's application for fiends to the State. for funding consideration under the FEMA Hazax•d Mitigation Grant Program is made a part of this Agreement by z eference., 6, RECIPIENT/SUBGRANTEE shall establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with generally accepted accounting principles ox as directed by the Governor's Authorized Representative The RECIPIENT/SUBGRANTEE, its employees, and agents, shall maintain records and supporting documents as prescribed in 44 CFR Paxt 1.3, Subpart C "Reports, Records Retention and Enforcement".. Ihese recards shall be maintained at a readily accessible site within the,jurisdiction and under the jurisdiction's contx•ol 7. Progz•am Income is defined in 44 CFR Section 13.25. Program Income must be returned to the AGENCY/GRANIEE within five (5} days of zeceipt, to the following addzess: Cozztx•oller N.C. Department of Crime Control & Public Safety 512 N.. Salisbury Stx•eet Raleigh, NC 2760.3 All RECIPIENT/SUBGRANTEE or sub-RECIPIENT/ SUBGRANTEE contracts for which the N.C. Legislature is in any part a funding source, shall contain language to provide fox termination with reasonable costs to be paid by the RECIl'IENI/ SUBGR.ANTEE for eligible contract work completed prior to the date the notice of'suspension or termination is received by the RECIPIENI/SUBGRANTEE may not be funded with funds provided under this Agreement unless previously approved in writing by the AGENCY/GRANTEE. All sub-RECIPIENI/ SUBGR.ANTEE contracts shall contain provision for' termination for cause or convenience and shall provide for the method of payment in such event, 9. All amendments requiring prior AGENCY/GRANTEE Hazard Mitigation Page 24 FEMA-DR-1490-0005 Orange Connty Grant Agreement al D-4 approval must be approved in writing by the AGENCY/GRANTEE prior to the RECIPIENII SUBGRANIEE's submission of a closeout package. Any closeout package received prior to the written approval of'said amendment is considered void ab initio, and is not considered a closeout package for the purposes of eligibility or potential penalty issues related to closeout.. 10.. Submission of'inaccurate information by the RECIPIENT/ SUBGRANIEE in monitoring report responses; audit or audit finding responses; quarterly, closeout, px•ogr•am income, or other x•eports; or' Requests for' Funds that x•esult in subsequent official AGENCY/GRANTEE action based on that inaccux•ate information (such as the granting of administrative or final closeout status, releasing funds, or• clearing findings) may at the option of~the AGENCY/ GRANTEE, subject the RECIPIENT/SUBGRANTEE to revocation of'the official AGENCY/GRANTEE action(s) predicated on that report or submission, (e..g., revocation of closeout status, audit clearance, monitoring report clearance, etc..). {e) Where applicable, it will comply with: (1} Contract Work Hours and Safety Standards Act of 1962, 40 U.S..C.327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times thefr basic wage rates for all hours worked in excess of forty hours in a work week; and (2) FederalFair• Labor Standards Act, 29 U.S.C.. Section 201 et seq , requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-halftimes their basic wage rates for• all hours worked in excess of the prescribed work-week. (3) Davis-Bacon Act, 40 U.S.C. §276a et. sec,, (4} National Environmental Policy Act of 1969, 42U..S.C.. §4321; et.. seq ; E0115154; E011988; Coastal Zone Management Act of 1972, 16U.S.C. §1451 et. seq..; Section 176(c) of the Clean Air' Act of 1955, 42U S.C. §7401 et.. seq.; Safe Drinking Water Act of 1974, 42U..S..C. §300f et, seq; Endangered Species Act of 1973, 16U..S..C §15.32 et. seq.; Hazard Mitigation Page 25 FEMA-DR-1490-0005 Orange County Grant Agreement D-5 Wild and Scenic Rivers Act of~ 1968, 16U S.C.. §1271 et, seq.. (5) Section 106 of'the National Historic Preservation Act of 1966, 16U.S .C_ §470 et seq.; EOI 1593; Archaeological and Historic Preservation Act of 1974, 16U.S C. §469a-1 et. seq.. (f} It will comply with: (1) Title VI of'the Civil Rights Act of 1964 (P.L 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of'r•ace, color, or• national origin, be excluded from participation in, be denied the benefits of; or be subjected to discrimination under any program or activity for which the RECIPIENT/SUBGRANTEE receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. (2) If' any real property or structure thereon is provided or' improved with the aid of Federal financial assistance extended to the RECIPIENT/ SUBGRANTEE, this assurance shall obligate the RECIPIENT/ SUBGRANTEE, or in the case of any transfer of such property, any transferee, fox• the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (3) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S..C .; 6101-6107} which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (4) Executive Order-11246 as amended by Executive Oldeis 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of'race, color, zeligion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fain treatment in employment, upgrading, demotion, or transfer; recruitment advexfiising; layoff'or• terxnination, rates of'pay or other forms of'compensation; and election for'training and apprenticeship. Hazard Mitigation Page 26 FEMA-DR-1490-0005 Orange Connty Grant Agreement ~i D-6 (g) The RECIPIENT/SUBGRANTEE agrees to comply with the Americans With Disabilities Act (Public Law 101-3.36, 42 U.S.C. Section 12101 et se if' applicable, which discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications (h) It will comply with the Anti-kickback (Copeland) Act of 1934, 18 U S C. Section 874 and 40 U S..C Section 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or' assisted construction activities. It will comply with the provision of the Hatch Act; which limits the political activity of employees.. (i) It will comply with the provision of'the Hatch Act, wlvch limits the political activityof employees.. (j) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 as amended.. Pub. L. 9.3-156, 87 Section 975, approved December 31, 1973. Section 103(a) requu•ed, on and after March 2, 1974, the purchase offlood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area, that has been identified by the Secretary of'the Department of'Housing and Urban Development as an area having special flood hazards.. The phrase "Federal financial assistance" includes any form of loan, grant guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of'direct or indirect Federal assistance.. (k) It will require every building or facility {other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "uniform Federal Accessibility Standards," (UFAS) which is Appendix A to 41 CFR Part 40 for residential structures. The RECIPIENT/ SUBGRANTEE will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. (1) The RECIPIENT/SUBGRANIEE will comply with applicable N.C. General Statutes when negotiating contracts for services. {m) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and has Hazard Mitigation Page 27 FEMA-DR-1490-8005 Orange County Grant Agreement 3~ D-7 adopted and is enforcing a policy of'enfox•cing applicable State and federal laws against physically barring entrance or' exit from a facility or' location which is the subject of'such nonviolent civil rights demonstration within its jurisdiction in accordance with section 519 of Public Law 101-140 of the 1990 HUD Appropriations Act. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; {o) It will comply with the Drug Abuse Office and Ireatment Act of 1972 (P.L. 91- 616) as amended, relating to nondiscrimination on the basis of dtug abuse; (p) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism (q) It will comply with 523 and 527 of'the Public Health Service Act of 1912 "(42 U.S.C. 290 dd-3 and 290 ee-3)", as amended, relating to confidentiality of'alcohol and drug abuse patient records; (r) It will comply with Lead-Based Paint Poisoning Act "(42 U S C 4801 et seq.,)" which prohibits the use of lead based paint in construction of rehabilitation or' residential structures; {s) It will comply with the Energy Policy and Conservation Act, 42 U S C. §6291 et Sea• (t) RECIPIENT/SUBGRANIEE certifies that it: (1} Is not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of'Fedexal benefits by a State ox• Federal court, or voluntarily excluded from participating in F'eder'al grants or awards by any Federal department or agency; and (2) Has not within athree-year period preceding this contract been convicted of'or had a civilian judgment r•endex•ed against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract tander a public transaction; violation ofFedexal or State antitrust statutes or commission of embezzlement, theft, forgezy, bribery, Hazard Mitigation Page 28 FEMA-DR-1490-0005 Orange County Grant Agreement 33 D-S falsification or destruction of records, making false statements, or~ receiving stolen property; • (.3) Is xxot presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in par•agxaph (2) above; and, (4) Has not within athree-•yeaz• period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default • (u) RECIPIENT/SLII3GF:ANTEE further agrees that it will include the above certifications, without nnodification, in all lower tier contracts and in all solicitations for Lower tier contracts. ftazard Mitigation Page 29 FEMA-DR-1490-0005 Orange County Grant Agreement 3`~ ATTACHMENT E SPECIAL CONDITIONS This agreement shall be executed by the RECIPIENI/SUBGRANTEE, and returned to the AGENCY/GRANTEE at the following address: John Crew Hazard Mitigation Section Chief' Department of Crime Control & Public Safety Division of Emergency Management Disaster Recovery Operations Center 1830-B Tillery Place Raleigh, NC 27604 This agreement will be executed within thirty (3d) days after' receipt. All time periods in this Agreement refer to calendar days. After receipt by the AGENCY/GRAANTEE of the signed Agreement, the AGENCY/GRANTEE will execute this Agreement and return an original to the RECIPIENT /SUB GR.ANTEE_ John Link County Manager Orange County 1914 New Hope Church Road HiIlsbor•ough, NC 27278 Hazard Mitigation Page 30 FEMA-DR-1490-0005 Orange County Gt ant Agreement