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Home My WebLink AboutRES-2003-009 FEMA Designation of Applicant’s Agent and Disaster Relief AgreementRESOLUTION DESIGNATION OF APPLICANT'S AGENT North Cazolina Division of Emer enc Mana ement Organization Name (hereafter named Organization) Disaster Number: 14 Applicant's State Cognizant Agency for Single Audit purposes. (If Cognizant Agency is not assigned, please indicate): Health and Human Services Applicant's Fiscal Year (FY) Start Month: Jul Da . 01 Applicant's Federal Employer's Identification Number 56-6000327 Applicant's Federal Information Processing Standards (PIPS) Number NA PRIMARY AGENT SECONDARY AGENT Agent's Name Agent's Name Organization Organization Official Position Official Position Financ irector Emer enc M mt. Director Mailing Address Mailing Address City ,State, Zip City ,State, Zip Daytime Telephone Daytime Telephone Facsimile Number Facsimile Number Pager or Cellu[az Number Pager or Cellular Number BE IT RESOLVED BY the governing bodyof the Organization (a public entity duly organized under the laws of the State of North Carolina) that the above-named Primary and Secondary Agents are hereby authorized to execute and file applications for federal and/or state assistance on behalf of the Organization for the purpose of obtaining certain state and federal financial assistance ands the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public law 93-288 as amended) or as otherwise available. BE IT FURTHER RESOLVED that the above-named agents are authorized to represent and act for the Organization in all dealings with the State of North Carolina and the Federal Emergency Management Agency for all matters pertaining to such disaster assistance required by the grant agreements and the assurances printed on the reverse side hereof. BE IT FINALLY RESOLVED THAT the above-named agents are authorized to act severally. PASSED AND APPROVED this der of , 20 GOVERNING BODY CERTIFYING OFFICIAL Name and Title Name Donna Baker Name and Title Official Position Clerk to the Board Name and Title Daytirne Telephone 919-245-2130 CERTIFICATION I, Bonner Baker ,(Name) duly appointed and Clerk to the Board (Title) of the Governing Body, do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Goverzring Body of Orange County (Organization) on the 21st day of January , 2003 t~~x Date: `Zc2 aY/~+ ~ Signature: Rev. 06/02 ~/fit (21(03 ~~ ~~~-~ 9 Sh $a d yra~s~ ~~~4 J a.W North Carolina Department of Crime Control and Public Safety Division of Emergency Management APPLICANT: Orange County DISASTER: Ice Storm FEMA- 1448 -DR-NC STATE -APPLICANT DISASTER ASSISTANCE AGREEMENT This Agreement made by and between the State of North Carolina, Dept. of Crime Control and Public Safety, Division of Emergency Management ("the State") and Orange County ("the Applicant") shall be effective on the date signed by the State and the Applicant. It shall apply to all disaster assistance funds provided by or through the State to the Applicant as a result of the disaster called T(^.A Storm ,and pursuant to the Disaster Declaration made by the President of the United States numbered FEMA - 1448 - DR-NC. The designated representative of the Applicant (Applicant's Agent) certifies that: 1. He/She has legal authority to apply for assistance on behalf of the Applicant pursuant to a resolution duly adopted or passed by the Applicant's governing body. 2. The Applicant shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving Federal and State disaster grant assistance. 3. The applicant shall use disaster assistance funds solely for the purpose for which these funds are provided and as approved by the Governor's Authorized Representative (GAR). 4. The Applicant is aware of and shall comply with cost-sharing requirements of Federal and State disaster assistance: specifically that Federal assistance is limited to 75% of eligible expenditures, and that State assistance is limited to 25% of the eligible costs. Alternate projects selected by the Applicant maybe eligible for only 75% of the approved Federal share of estimated eligible costs. 5. The Applicant shall provide the following completed documentation to the State: • Designation of Applicant's Agent; • State-Applicant Disaster Assistance Agreement • Private Non-Profit Organization Certification (if required); • Summary of Documentation Form itemizing actual costs expended for large proj ect payment requests; • Monthly Progress Reports; • Copies of Single Audit Reports as applicable. If the Applicant fails to provide any of the above documentation, the State will be under no obligation to reimburse the Applicant for eligible expenses. Reviewed 2/8/02 Page l of 7 Rev. 06/01 6. The Applicant shall establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with generally accepted accounting principals or as directed by the Governor's Authorized Representative. If applicable, the Applicant shall conduct audit(s) pursuant to the Single Audit Act of 1984, 31 U.S.C. 37501 et. s~ce ., 44 C.F.R. Part 14, OMB Circular A-133, "Audits of States, Local Governments and Non-profit Organizations," and applicable North Cazolina laws, rules and regulations. 7. The Applicant shall provide to the State monthly Progress Reports for all open large projects funded by State and Federal disaster assistance grants. The first Progress Report will be due on the 10th day of the first month following initiation of the project and subsequent Progress Reports will be due on the 10th day of each and every month thereafter until project completion. Forms and reporting requirements will be provided by the Governor's Authorized Representative. 8. The Applicant, its employees and agents, including consultants, contractors and subcontractors to be paid with funds provided under this Agreement, shall give State and Federal agencies designated by the Governor's Authorized Representative, full access to and the right to examine all records and documents related to the use of disaster assistance funds. 9. The Applicant shall return to the State, within thirty (30) days of a request by the Governor's Authorized Representative, any funds advanced to the Applicant that aze not supported by audit or other Federal or State review of documentation maintained by the Applicant. 10. The Applicant shall comply with all applicable codes and standards in the completion of eligible work to repair or replace damaged public facilities. 11. The Applicant shall comply with all applicable provisions of Federal and State statutes, rules and regulations regarding the procurement of goods and services and regarding contracts for the repair and restoration of public facilities. 12. The Applicant shall begin and complete all items of work within the time limits established by the Governor's Authorized Representative and in accordance with applicable Federal and State statues, rules and regulations. 13. The Applicant shall request a final inspection within ninety (90) days after completion of each and every large project funded under this Agreement, or within ninety (90) days after the expiration of the time limit established for each project under Paragraph 12 above, whichever occurs first. Applicant shall present all supporting documentation to State and/or Federal inspectors at the time of final inspection. The State, as Grantee, reserves the right to conduct a final inspection of any large project after expiration of the ninety- (90) day period and to reimburse Applicant only for costs documented at the time of final inspection. 14. The Applicant shall comply with all applicable Federal and State statutes, rules and regulations for publicly financed or assisted contracts including, but not limited to, non-discrimination, labor standard, and access by the physically handicapped. 15. The Applicant's Designated Agent shall execute and comply with the Lobbying Prohibition document incorporated herein as Attachment A. Reviewed 2/8/02 Page 2 of 7 Rev. 06/Ol 16. The Applicant's Designated Agent shall execute and comply with the Statement of Assurances (SF 424D) document incorporated herein as Attachment B. 17. The Applicant shall not enter into cost-plus-percentage-of--cost. contracts for debris removal, emergency protective measures, or completion of disaster restoration or repair work. 18. The Applicant shall not enter into contracts for which payment is contingent upon receipt of State or Federal funds. 19. The Applicant shall not enter into any contract with any entity that is debarred or suspended from participation in Federal Assistance. The State and/or FEMA will not be under any obligation to reimburse Applicant for payments made to a debarred or suspended contractor. ~ Applicant may search for debarred or suspended contractors at the following website: http://epls.arnet.gov/epllowa/epls.search menu. 20. The Applicant shall comply with the provisions of 42 U.S:C. 35155 (Section 312 of the Stafford Act) which prohibits duplication of benefits. Applicant shall notify State immediately if any other source. of funds is available to offset disaster assistance provided pursuant to this Agreement. Applicant agrees that eligible costs under this Agreement will be reduced by duplicate benefits received from any other source. 21. The Applicant shall comply with all uniform grant administration requirements required by State and Federal statutes, rules and regulations, including but not limited to, the Robert T. Stafford Disaster Relief and Emergency assistance Act, Public Law 93-288, as amended, Title 44 of the Code of Federal Regulations, applicable OMB Circulars, and policy guidance issued by the Federal Emergency Management Agency (FEMA). 22. If the Applicant pays contractors, subcontractors or consultants with funds provided through this Agreement, then the Applicant shall include language in all contracts that binds the contractor, subcontractor or consultant to the terms and conditions of this Agreement with the State. Contractual arrangements with contractors, subcontractors or consultants shall in no way relieve the Applicant of its responsibilities to ensure that all fiznds provided through this Agreement are administered in accordance with all State and Federal requirements. Reviewed 2/8/02 Page 3 of 7 Rev. 06/01 FOR THE APPLICANT: Date Applicant's Federal Tax I.D. Number (required) Date BY: Signature ICon~,oth T (:hauiniic Typed Name Finance Director Title FOR THE STATE: BY: Signature Typed Name Title Reviewed 2/8/02 Page 4 of 7 Rev. 06/01