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HomeMy WebLinkAboutS - Designation of Applicants Agent for the 2003 Hazard Mitigation Grant ApplicationDESIGNATION OF APPLICANT'S AGENT ~~~/off RESOLUTION ~~. BE IT RESOLVED BY the Board of Commissioners OF Orange County ~E~ ~ a3 ~~g (Governing Body) (Public Entity) THAT John Link County Manager *(Name oflncumbent) (Official Position) is hereby authorized to execute for and in behalf of Orange Count~Government , a public entity established under the laws of the State of North Carolina, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal fmancial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President Disaster Relief Fund. THAT Orange County Government , a public entity established under the laws of the State of North Carolina ,.hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurance and agreements printed on the reverse side hereof. Passed and approved this 17th day of June , 2003. I, Donna Baker ,duly appointed and Clerk To the Board of (Title) Orange County , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Board of Commissioners of Orange County (Governing Body) (Public Entity) on the 17th day of June , 2003. Date:. ~~~ ~~d3 "''Ir- ~lerk Official Position) (zgnature) * Name of incumbent need not be provided in those cases where the governing body of the public entity desires to authorize any incumbent of the designated official position to represent it. FFrae F,,.,,, on_FZ reeu xi F ne e nnr CERTIFICATION APPLICANT ASSURANCES The applicant hereby assures and certifies that be will comply with the FEMA regulations, policies, guidelines, and requirements including OMB's Circulars No. A-95 and A-102, and FMC 74-4, as they relate to the application, acceptance and use of Federal funds for this Federally-assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that: 1. It possesses le al authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicants governing body, authorizing the filing of the application, including all understandings and assurance contained erem, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11988, relating to ioodplain Management and Executive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient funds available to meet the non-Federal share of the cost for constmction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed. 4. It will not enter into a construction contracts) for the project or undertake other activities until the conditrons of the grant program(s) have been met. 5. It will provide and maintain competent and adequate architectur-al engineenng supervision and inspection at the constmction site to insure that the completed work conforms with the approved plans and specifications; that it will famish progress reports and such other information as the Federal grant or agency may 6. It will operate and maintain the facility in accordance with the minimum standazds as may be required or prescribed by the applicable Federal, State and local agencies for the maintenance and operation of such faalities. 7. It will give the grantor agency and the Comptroller General, through any authonzed representative, access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handi- capped," Number A117.1-1961, as modified (41 CFR 101-17- 7031). The applicant will be responsible for conducting in- spections. to insure compliance with these specifications by the contractor. 9. It will cause work on the pro ect to be commenced within a reasonable time after receipt o~ notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Govemment holds bonds, whichever is the longer. 11. It agrees to.comply with Section 311. P.L. 93-288 and with Title VI of the Civil Rigtits act of 1964 (P .L. 83-352) and in accordance with Title VI of the Act, no person m the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial as-srstance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assist-ante extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the penod during which the real pro erty 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. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other admimstrntive requirements approved m accordance with OMB Circular A-102, P.L. 93-288 as amended, and applicable Federal Regulations. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federa] Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 17. (To the best of his knowledge and belief) the disaster relief work described. on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial as- sistance is requested is ellgrble in accordance with the criteria contained in 44 Code of Federal Regulations, Part 205, and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. 19. It will (1) provide without cost to the United States all lands, easements and rights-of--way necessary for accomplishment of the approved work; (2) hold and save the United States free from damages due to We approved work or Federal funding. 20. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, ad- vances, contracts, property, discounts of other Federal financial assistance extended after the date hereof to the Applicant by FEMA that such Federal Financial assistance will be extended m reliance on the representations and agreemenu made. in this as- surance and that the Umted States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, its successors, transferees, and assignees, and the person or persons whose signatures app ear on the reverse as su- thonzed to sign this assurance on behalfpof the applicant. 21. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat..975, approved December 31, 1973. Section 102(a) requires, on and after March 2, 1975, the purchase of flood 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 Director, Federal Emergency Management Agency as an area having special flood hazazds. 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. 22. It will comply with the insurance requirements of Section 314, P.L. 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or con- structed with this assurance. 23. It will defer funding of any projects involving flexible funding until FEMA makes a favorable environmental clearance, if this is required. 24. It will assist the Federal grantor agency in its compliance with Section 106 of We National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Histonc Preser- vation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of historic places that are subject to adverse effects (see 36 CFR Part 800.8} by the activity, and notifying the Federal grantor agency of the existence of any such pro er-ties, and by (b) complying with all requirements established by the Federal grantor, agency to avoid or mitigate adverse effects upon such properties. 25. It will for any repairs ar construction financed herewith, comply with applicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and star-lords; and, will evaluate Uie natural hazards in areas in which the proceeds of the grant or loan are to be used and take ap-propriate action to mitigate such hazards, including safe land use and construction practices. STATE ASSURANCES The State agrees to take any necessary action within State capabilities to require compliance with these assurances and agreements by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director. FFMe Fn,,,, on_~z A.feR ftr >: nee nnr