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PROJECT: HFPAR-4292-0067
NORTH CAROLINA
HURRICANE FLOYD PROPERTY ACQUISITION AND RELOCATION
GRANT AGREEMENT FOR 4292 PROJECT
THIS HURRICANE FLOYD PROPERTY ACQUISITION AND RELOCATION GRANT
AGREEMENT (the Agreement) is entered into by and between the State of North Carolina,
Department of Crime Control and Public Safety, Division of Emergency Management,
Raleigh, North Carolina (hereinafter referred to as the "AGENCY/GRANTEE"), and Orange
County (hereinafter referred to as the "RECIPIENT/SUBGRANTEE").
WHEREAS, Hurricane Floyd produced disastrous weather conditions which had a
devastating impact upon sixty-six counties in North Carolina and
WHEREAS, the severity of the damage loss resulted in the declaration of a disaster
and/or emergency by the Governor; and
WHEREAS, The President of the United States has concurred and has declared an
emergency or a major disaster designated FEMA-DR-1292-NC; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the
Presidential Declaration, has made available federal funds for Hurricane Floyd Property
Acquisition and Relocation (HFPAR) grants; and
WHEREAS, the North Carolina Legislature has made funds available through the
AGENCY/GRANTEE in order to provide the RECIPIENT/SUBGRANTEE funds required to
m~et the local match requirement; and
WHEREAS, the North Carolina Emergency Management Act, N.C.G.S.§166A-1 et.se~c .
and N.C.G.S. §143B-476 authorize the relationship as described herein; and
WHEREAS, the RECIPIENT/SUBGRANTEE represents that it is fully qualified,
possesses the requisite 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/SUBGRANTEE
do mutually agree as follows:
Hurricane Floyd Property Acquisition & Relocation Agreement Page 1 HFPAR-4292-0067 Orange County
(1)
(2)
SCOPE OF WORK
The RECIPIENT/SUBGRANTEE shall fully perform the approved Hurricane
Floyd Property Acquisition and Relocation (HFPAR) project, as described in
Attachment A to this Agreement, in accordance with the approved scope of work
indicated therein, the estimate of costs indicated therein, the allocation of funds
indicated therein, and the terms and conditions of this Agreement.
RECIPIENT/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 under this Agreement, and shall provide any appropriate maintenance and
security for the project.
FUNDING AND INSURANCE
The AGENCY/GRANTEE shall provide Hurricane Floyd Property Acquisition
and Relocation Funds for costs incurred in performing the project identified in
Attachment A as follows:
Hurricane Floyd Property Acquisition and Relocation (HFPAR) Funds:
1) Federal Share for 4292-0067 $ 271,500
2) State Share for 4292-0067 $ 90,500
3) Federal Share of Recipient/Subgrantee
Administrative Cost for 4292-0067 $ 13,575
4) State Share of RecipiendSubgrantee
Administrative Cost for 4292-0067 4 525
TOTAL FOR 4292-0067 $ 380,100
Allowable costs shall be determined in accordance with the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 et. se~c ., the
Interim Rule set forth as 44 C.F.R. Part 209 by FEMA at Vol. 65, No. 29 of the
Federal Register, 44 C.F.R. Part 13, and other applicable Hazard Mitigation Grant
Program guidance. Administrative costs shall be compensated in accordance
with the Interim Rule set forth as 44 C.F.R. §209.11(b) by FEMA at Vol. 65, No.
29 of the Federal Register.
Hurricane Floyd Property Acquisition & Relocation Agreement Page 2 HFPAR-4292-0067 Orange County
The RECIPIENT/SUBGRANTEE shall utilize the forms entitled "Request for
Advance" and "Cost Report" to obtain funds under this agreement. RECIPIENT/
SUBGRANTEE shall not receive funds under this agreement if it does not submit
Cost Report or Request For Advance forms. To 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. As per Paragraph 12(d) of this Agreement, if RECIPIENT/
SUBGRANTEE designates different representatives or designated agents,
RECIPIENT/ SUBGRANTEE shall notify AGENCY/GRANTEE.
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/ SUBGRANTEE. (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/SUBGRANTEE 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.
RECII'IENT/SUBGRANTEE 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 of 44 C.F.R. 206 subpart I.
(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 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 RECIPIENT/SUBGRANTEE
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shall be liable to the AGENCY/GRANTEE to the extent that the RECIPIENT/
SUBGRANTEE receives duplicate benefits from any other source for the same
purposes for which the RECIPIENT/ SUBGRANTEE 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
RECIPIENT/ SUBGRANTEE. In the event the AGENCY/ GRANTEE
determines a duplication of benefits has occurred 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/SUBGRANTEE. In addition, RECIPIENT/SUBGRANTEE shall
ensure, as a condition of funding under this Agreement, that ail 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
This 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 August 18, 2001 unless terminated earlier in accordance
with the provisions of paragraphs (6), (8), (11), (13) or (17).
(6) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement.
Changes, which are mutually agreed upon, shall be valid only when reduced in
writing, duly signed by each of the parties hereto, and attached in the original of
this Agreement.
(7) RECORD KEEPING, PROCUREMENT AND PROPERTY
MANAGEMENT
(a) If applicable, RECIPIENT/SUBGRANTEE's performance under this
Agreement shall be subject to 44 C.F.R. Part 13, "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Hurricane Floyd Property Acquisition & Relocation Agreement Page 4 HFPAR-4292-0067 Orange County
Governments" and/or OMB Circular 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 Circular 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/
SUBGRANTEE shall be retained pursuant to 44 C.F.R. Part 13. All
original records pertinent to this Agreement shall be retained by the
RECIPIENT/SUBGRANTEE for three years following the date of
termination of this Agreement or of submission of the final closeout
report, whichever is later, with the following exceptions:
If any litigation, claim or 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 records have been resolved.
(g)
(c) All records, including supporting documentation of all program 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/SUBGRANTEE, 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 accarding to the circumstances but ordinarily 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/GRANTEE.
REPORTS
(a) The RECIPIENT/SUBGRANTEE shall provide monthly progress reports
to the AGENCY/GRANTEE, using the Progress Report Form. Reports
are due by the tenth of the following month. Reports shall indicate the
status and completion date for each project funded, any problems or
circumstances affecting completion dates, or the scope of work, or the
Hurricane F1oyd Property Acquisition & Relocation Agreement Page 5 HFPAR-4292-0067 Orange County
project costs, and any other factors reasonably anticipated to result in
noncompliance with the terms of the grant award. Interim inspections
shall be scheduled by the RECIPIENT/ SUBGRANTEE prior to the final
inspection and may be requested by the AGENCY/GRANTEE based on
information supplied in the progress reports.
The AGENCY/GRANTEE may require additional reports as needed. The
RECIPIENT/ SUBGRANTEE 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/SUBGRANTEE 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 are not sent to the AGENCY/ GRANTEE
or are not completed in a manner acceptable to the AGENCY/GRANTEE,
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 are not received within thirty (30)
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 RECIPIENT/
SUBGRANTEE shall 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 are 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 for each
function, or activity set forth in Attachment A to this Agreement and incorporated
by reference herein.
Hurricane Floyd Property Acquisition & Relocation Agreement Page 6 HFPAR-4292-0067 Orange County
(10) LIABILITY
(a) Except as otherwise provided in subparagraph (b) below, the RECIPIENT/
SUBGRANTEE shall be solely responsible to parties 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
third parties arising out of the performance of work under this agreement.
For purposes of this agreement, RECIPIENT/SUBGRANTEE agrees that
it is not an employee or agent of the AGENCY/GRANTEE, but is an
independent contractor.
(a) Any RECIPIENT/SUBGRANTEE 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/SUBGRANTEE 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 hereunder shall, 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 RECIPIENT/
SUBGRANTEE in this Agreement or any previous Agreement
with the AGENCY/GRANTEE shall at any time be false or
misleading in any respect, or if the RECIPIENT/SUBGRANTEE
shall fail to keep, observe 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 meet its obligations thereunder;
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2. If any material adverse change shall occur in the financial
condition of the RECIPIENT/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/GRANTEE, and
the RECIPIENT/ SUBGRANTEE fails to cure said material
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/SUBGRANTEE has failed to perform and
complete in timely fashion any of the services required under the
Budget and Scope of Work attached hereto as "Attachment A".
5. 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 paragraph (12) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
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.
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(c) The AGENCY/GRANTEE may terminate this Agreement for cause upon
such written notice to RECIPIENT/SUBGRANTEE of such termination
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 RECIPIENT/SUBGRANTEE 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
administrative 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.
(~ Notwithstanding the above, the RECIPIENT/SUBGRANTEE shall not be
relieved of liability to the AGENCY/GRANTEE by virtue of any breach
of Agreement by the RECIPIENT/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 AGENCYlGRANTEE 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 of the AGENCY/GRANTEE contract manager for
this Agreement is:
Gavin P. Smith, Assistant Director, Hazard Mitigation Section
Department of Crime Control & Public Safety
Division of Emergency Management
Disaster Recovery Operations Center
1830-B Tillery Place
Raleigh, NC 27604
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(a) The name and address of the Representative of the
RECIPIENT/SUBGRANTEE (Designated Agent) responsible far the
administration of this Agreement is:
Mailing Address
John M. Link, Jr. County Manager
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Overnight Address
John M. Link, Jr. County Manager
Orange County
200 South Cameron Street
Hillsborough, NC 27278
In the event that different representatives (designated agents) are
designated by either party after 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 Form and forward it to the appropriate Division of Emergency
Management Hazard Mitigation Grant Program Project Manager or
Hazard Mitigation Specialist. To receive funds under this agreement, the
Designated Agent shall sign the Cost Report or Request for Advance
Form.
(13) 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/SUBGRANTEE, in the Application, in any subsequent
submission or response to the AGENCY/ GRANTEE request, or any
submission or response to fulfill the requirements of this Agreement, and
such information, representations, and materials are incorporated by
reference. 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 RECIPIENT/SUBGRANTEE, cause the termination of this
Agreement and the release of the AGENCY/ GRANTEE from all its
obligations to the RECIPIENT/ SUBGRANTEE.
(b) This Agreement shall be construed under the laws of the State of North
Carolina and venue for any actions arising out of this Agreement shall be
Hurricane F1oyd Property Acquisition & Relocation Agreement Page 10 HFPAR-4292-0067 Orange County
filed in State Court in Wake County, North Carolina. 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.
(c) No waiver by the AGENCY/GRANTEE of any right or remedy granted
hereunder or failure to insist on strict performance by the
RECIPIENT/SUBGRANTEE 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 of this Agreement
shall survive the terms and life of this agreement as a whole.
(14) AUDIT REOUIREMENTS
(a) If applicable, RECIPIENT/SUBGRANTEE shall conduct audit(s)
pursuant to the Single Audit Act of 1984, 31 U.S.C. §7501 et. se~c ., 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. The RECIPIENT/SUBGRANTEE
agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for
the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for 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
hours of 8:OOa.m. to 5:00 p.m., Eastern Standard Time, Monday through
Friday.
(c) The RECIPIENT/SUBGRANTEE 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. •
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(d) The RECIPIENT/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.
(e) In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of
this Agreement, the RECIPIENT/ SUBGRANTEE shall be held liable for
reimbursement to the AGENCY/GRANTEE 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.
(f) If applicable, RECIPIENT/SUBGRANTEE shall conduct audit(s)
pursuant to the Single Audit Act of 1984, 31 U.S.C. §7501 et. se~c ., 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. The RECIPIENT/ SUBGRANTEE
shall retain all financial records, 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 report.
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 /SUBGRANTEE 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 RECIPIENT/SUBGRANTEE agrees to include in the subcontract that
the subcontractor shall hold the AGENCY/ GRANTEE and
RECIPIENT/SUBGRANTEE harmless against all claims of whatever
nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
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(c) If the RECIPIENT/SUBGRANTEE subcontracts, a copy of the executed
subcontract must be forwarded to the AGENCY/ GRANTEE within ten
(10) days of execution of said subcontract.
(d) Contractual arrangement shall in no way relieve the RECIPIENT/
SUBGRANTEE of its responsibilities to ensure that all funds issued
pursuant to this grant be administered in accordance with all state and
federal requirements.
(16) TERMS AND CONDITIONS
This Agreement and any exhibits and amendments annexed hereto and any
documents incorporated specifically by reference represents the entire Agreement
between the parties and supersedes all prior oral and written statements or
agreements.
(17) STANDARD CONDITIONS
The RECIPIENT/SUBGRANTEE 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 Floyd Property
Acquisition and Relocation funds for 4292 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 in the agreement for
completion of the agreement is due to events beyond the control of the
RECIPIENT/ SUBGRANTEE.
(c) The AGENCY/GRANTEE reserves the right to unilaterally cancel this
Agreement for refusal by the RECIPIENT/SUBGRANTEE to allow
public access to all documents, papers, letters or other material subject to
the provisions of the N.C. General Statutes and made or received by the
Contractor/RECIPIENT/SUBGRANTEE in conjunction with the
Agreement.
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(18) ATTACHMENTS
(a) All attachments to this Agreement are incorporated 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 Assurances
5. Attachment E Special Conditions
6. Cost Report and Request for Advance
7. Progress Report Form
8. N.C. Division of Emergency Management
minimum criteria for local hazard mitigation
plans
(19) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The RECIPIENT/
SUBGRAN'TEE shall be reimbursed for costs incurred in the satisfactory
performance of work hereunder in an amount not to exceed Three
Hundred Eighty Thousand, One Hundred Dollars ($380,100) subject
to the availability of funds.
(b) Any advance payment under this Agreement is subject to the approval of
the AGENCY/GRANTEE. The amount which may be advanced may not
exceed the expected cash needs of the RECIPIENT/SUBGRANTEE for a
three-day period 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 Improvement 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
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shall specify the amount of advance payment needed, project number and
provide an explanation of the necessity for and proposed use of these
funds.
(c) All funds shall be requested using the appropriate forms that are 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/SUBGRANTEE 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/SUBGRANTEE
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 RECIPIENT/SUBGRANTEE shall comply with the special
conditions set forth in Attachment E, attached hereto and incorporated by
this reference.
(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 suspension of payments or the immediate termination of this
Agreement.
Hurricane Floyd Property Acquisition & Relocation Agreement Page 15 HFPAR-4292-0067 Orange County
(24) HAZARD MITIGATION PLAN
If RECIPIENT/SUBGRANTEE is a local governmental entity,
RECIPIENT/SUBGRANTEE shall complete and adopt an all-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 RECIPIENT/SUBGRANTEE shall have the authority to use volunteer labor
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-ll34-DR-NC, FEMA-1240-DR-NC, FEMA-1291-
DR-NC and FEMA-1292-DR-NC. Further, when constructing, building, or
erecting replacement housing in the aforementioned affected areas, the
RECIPIENT/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 Program.
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.
(26) PRO.TECT IMPLEMENTATION REOUIREMENTS FOR 4292
PRO,TECTS
Pursuant to the Interim Rule set forth as 44 C.F.R. §209.10(b) by FEMA at Vol.
65, No. 29 of the Federal Register, participating property owners may receive
assistance up to the fair market value of their real property as of September l,
1999 (reduced by any potential duplication of benefits from other sources).
Pursuant to the Interim Rule set forth as 44 C.F.R. §209.10(c) by FEMA at Vol.
65, No. 29 of the Federal Register, the following restrictive covenants must be
conveyed in the deed to any property acquired, accepted, or from which structures
are removed:
Hurricane Floyd Property Acquisition & Relocation Agreement Page 16 HFPAR-4292-0067 Orange County
(1) The property must be dedicated and maintained in perpetuity for
uses compatible with open space, recreational, or wetlands
management practices; and
(2) No new structure(s) will be built on the property except for the
following:
(i) A public facility that is open on all sides and
functionally related to a designated open space or
recreational use;
(ii) A public rest room; or
(iii) A structure that is compatible with open space,
recreational, or wetlands management usage and
proper floodplain management policies and
practices, which the FEMA Director approves in
writing before the construction of the structure
begins.
(3) After completing the project, no application for additional disaster
assistance will be made for any purpose with respect to the
property to any Federal entity or source, and no Federal entity or
source will provide such assistance.
(4) Any structures built on the property must be located to minimize
the potential for flood damage, be floodproofed, or be elevated to
the Base Flood Elevation plus one foot of freeboard.
(5) Every two years on October lst, the RECIPIENT /SUBGRANTEE
will report to the AGENCY/GRANTEE certifying that the
property continues to be maintained consistent with the provisions
of this Agreement.
(6) Allowable open space, recreational, and wetland management uses
include parks for outdoor recreational activities, nature reserves,
cultivation, grazing, camping (except where adequate warning time
is not available to allow evacuation), temporary storage in the open
of wheeled vehicles which are easily movable (except mobile
homes), unimproved, permeable parking lots, and buffer zones.
Allowable uses generally do not include walled buildings, flood
reduction levees, or other uses that obstruct the natural and
beneficial functions of the floodplain.
Hurricane Floyd Property Acquisition & Relocation Agreement Page 17 HFPAR-4292-0067 Orange County
IN WITNESS WHEREOF, the AGENCY/GRANTEE and the RECIPIENT/ SUBGRANTEE have each
executed this Agreement, this the lo~i. day of ~--~:~<-c/i~, 200~ 1
WITNESS:
WITNESS:
7 X~. ~~'~tx-ac._-r..,
W SS:
ap(lL.7e.Gr~L.
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF CRIME CONTROL AND PUBLIC
SAFETY
BY:
ERIC TOLBERT, D RECTOR
DIVISION F E ERGENCY MANAGEMENT
DATE ~ ~ e~o
c
BY: ~
BILLY RAY ME N, DEPUTY
SECRETARY, DEPARTMENT OF CRIME
CONTROL & PUBLIC SAFETY
DATE a.--Ce _ d I /~
BY:
JOH . LINK, JR.~COUN~'Y MANAGER
O GE COUNTY ~
R IPIENT/SUBGRANTEE
FEDERAL E PL YER I.D.#56-6000327
DATE o ~
APPI~QV_E S T PR RES
lIl '
BY: ~~
~ MICHAEL BARHAM, CONTROLLER
EPARTMENT OF CRIME CONTROL
& PUBL~~ ~D TY
DATE
APPROVED AS TO FORM SUBJECT TO EXECUTION BY BILLY RAY CAMERON. DEPUTY
SECRETARY OF THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY.
MICHAEL F. EASLEY
ATTORNEY GENERAL OF NORTH CAROLINA
BY: ~,~~I ~ ~~T~,I/wl,
ASSISTA T ATTORN GENERAL
Hurricane Floyd Property Acquisition & Relocation Agreement Page 18 HFPAR-4292-0067 Orange County
A-1
ATTACHMENT A ,
Budget and Scope of Work
RECIPIENT/SUBGRANTEE shall implement the Hurricane Floyd Property Acquisition
and Relocation project summarized below and as described in the approved project application
(Project # HFPAR-4292-0067). That Application is hereby incorporated by reference into this
Agreement. The AGENCY/GRANTEE shall reimburse eligible costs according to the following
expenditures:
I. Funding Summary
A. Project Costs:
Project Costs for 4292-0067
Federal Share for 4292-0067
State Share for 4292-0067
Subtotal for 4292-0067
B. Administrative Allowance:
Federal Share of RecipientlSubgrantee
Administrative Cost for 4292-0067
State Share of Recipient/Subgrantee
Administrative Cost for 4292-0067
Total:
$ 362,000
$ 271,500
$ 90,500
$ 362,000
$ 13,575
4 525
$ 380,100
Hurricane F7oyd Property Acquisition & Relocation Agreement Page 19 HFPAR-4292-0067 Orange County
A-2
II. Scope of Work Summary
This project involves HFPAR funding that will allow Orange County to
acquire two- (2) principal residences located at 611 Yorktown Drive and 609
Yorktown Drive, Chapel Hill, NC. The properties will be demolished and the
land will be maintained as open space in perpetuity.
Hurricane Floyd Property Acquisition & Relocation Agreement Page 20 HFPAR-4292-0067 Orange County
B-1
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
This Agreement, the North Carolina Legislature and the Hurricane Floyd Property
Acquisition and Relocation (HFPAR) grants are governed by the following statutes and
regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
§5121 et. se~c .;
(2) 44 C.F.R. parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, 221, the Interim Rule set
forth as 44 C.F.R. Part 209 by FEMA at Vol. 65, No. 29 of the Federal Register
and any other applicable FEMA policy memoranda and guidance documents;
(3) N.C.G.S. § 166A-1 et. seg., "The N.C. Emergency Management Act";
(4) State of North Carolina Administrative Plan for the Hazard Mitigation
Grant Program;
(5) All applicable laws and regulations delineated in Attachments D&E of this
Agreement;
(6) All applicable laws, ordinances, codes, rules, regulations, licensing requirements
and other regulatory matters that are applicable to the work performance under
this Agreement, including those of federal, state and local agencies having
appropriate jurisdiction.
Hurricane F1oyd Property Acquisition & Relocation Agreement Page 21 HFPAR-4292-0067 Orange County
C-1
ATTACHMENT C
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated 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
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(b) If any funds 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 C.ongress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-L. "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts,
subgrants, 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 of 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 for each such failure.
BY
E COUNTY
MANAGER
Hurricane Floyd Properiy Acquisition & Relocation Agreement Page 22 HFPAR-4292-0067 Orange County
D-1
ATTACHMENT D
STATEMENT 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 HMGP application to FEMA,
including all understandings and assurances contained therein, and directing and
authorizing the RECIPIENT/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, or 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 year thereafter,
shall have any interest direct or indirect, in any contract or program assisted under
this agreement. The RECIPIENT/SUBGRANTEE shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purposes stated above.
(d) It will comply with the Single Audit Act of 1984, 31 U.S.C. §7501 et. seg.
Additionally, the RECIPIENT/SUBGRANTEE shall comply with the following
requirements related to audits and financial management pursuant to the Single
Audit Act of 1984, 31 U.S.C. §7501 et. seq.:
Hurricane Floyd Property Acquisition & Relocation Agreement Page 23 HFPAR-4292-0067 Orange County
_r
D-2
The AGENCY/GRANTEE shall review the RECIPIENT/
SUBGRANTEE'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 of RECIPIENT/
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-
RECIPIENT/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 receipt of the notice of said suspension by the
RECIPIENT/SUBGRANTEE. Any requests for payment for which
the AGENCY/GRANTEE has not yet disbursed payment shall be
subject to said suspension.
4. Should the RECIPIENT/SUBGRANTEE fail to enforce the
provisions of any promissory note, mortgage, security agreement, or
other obligation specified in any Participating Party Agreement or
in written contract with a beneficiary, contractor, agent, or sub-
RECIPIENT/SUBGRANTEE who received payment or benefit
from funds disbursed under this Agreement, the AGENCY/
GRANTEE may, with thirty days (30) written notice to the
RECIPIENT/SUBGRANTEE, automatically substitute itself for the
RECIPIENT/SUBGRANTEE in said Participating Party Agreement
or written contract for the purpose of enforcing said Participating
Party Agreement or written contract and may, at its discretion,
continue to administer said Participating Party Agreement or
written contract.
Hurricane Floyd Property Acquisition & Relocation Agreement Page 24 HFPAR-4292-0067 Orange County
i
D-3
The RECIPIENT/SUBGRANTEE's application for funds to the
State for funding consideration under the FEMA Hazard Mitigation
Grant Program is made a part of this Agreement by reference.
6. The RECIPIENT/SUBGRANTEE, its employees, and agents, shall
maintain records and supporting documents as prescribed in 24
CFR Section 570.490(b), "Unit of general local government
records"; 24 CFR Section 570.490(c), "Access to records"; 24 CFR
Part 85; and 44 CFR Part 13, Subpart C"Reports, Records
Retention and Enforcement". These records shall be maintained at
a readily accessible site within the jurisdiction and under the
jurisdiction's control.
7. Program Income is defined in 24 CFR Section 570.489(e) and 44
CFR Section 13.25. Program Income must be returned to the
AGENCY/GRANTEE within five (5) days of receipt, to the
following address:
Controller
N.C. Department of Crime Control
& Public Safety
512 N. Salisbury Street
Raleigh, NC 2'7603
8. All RECIPIENT/SUBGRANTEE ar sub-RECIPIENT/
SUBGRANTEE contracts for which the N.C. Legislature is in any
part a funding source, shall contain language to provide for
termination with reasonable costs to be paid by the RECIPIENT/
SUBGRANTEE for eligible contract work completed prior to the
date the notice of suspension or termination is received by the
RECIPIENT/SUBGRANTEE may not be funded with funds
provided under this Agreement unless previously approved in
writing by the AGENCY/ GRANTEE. All sub-RECIPIENT/
SUBGRANTEE contracts shall contain provision for termination
for cause or convenience and shall provide for the method of
payment in such event.
Hurricane Floyd Property Acquisition & Relocation Agreement Page 25 HFPAR-4292-0067 Orange County
.~
D-4
9. All amendments requiring prior AGENCY/GRANTEE approval
must be approved in writing by the AGENCY/GRANTEE prior to
tfie RECIPIENT/SUBGRANTEE'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/
SUBGRANTEE in monitoring report responses; audit or audit
finding responses; quarterly, closeout, program income, or other
reports; or Requests for Funds that result in subsequent official
AGENCY/GRANTEE action based on that inaccurate 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 their basic wage
rates for all hours worked in excess of forty hours in a work week;
and
(2) Federal Fair 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-half times
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. s~.
Hurricane Floyd Property Acquisition & Relocation Agreement Page 26 HFPAR-4292-0067 Orange County
.
D-5
(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 race, 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. 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, for 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;
(2) 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;
(3) Executive Order ll246 as amended by Executive Orders 11375 and
12086, and the regulations issued pursuant thereto, which provide
that no person shall be discriminated against on the basis of race,
color, religion, sex or national origin in all phases of employment
during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and
election for training and apprenticeship.
HFPAR-4292-0067 Orange County
Hurricane Floyd Property Acquisition & Relocation Agreement Page 27
.~
,
D-7
(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 adopted and is enforcing a policy of
enforcing 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 Treatment Act of 1972 (P.L. 91-
616) as amended, relating to nondiscrimination on the basis of drug 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.
se~c .
Hurricane Floyd Property Acquisition & Relocation Agreement Page 29 HFPAR-4292-0067 Orange County
, ~'~,
.
E-1
ATTACHMENT E
Special Conditions
This agreement shall be executed by the RECIPIENT/SUBGRANTEE, and returned to the
AGENCY/GRANTEE at the following address:
Gavin P. Smith
Assistant Director, Hazard Mitigation Section
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 (30) days after receipt. All time periods in this
Agreement refer to calendar days. After receipt by the AGENCY/GRANTEE of the signed
Agreement, the AGENCY/GRANTEE will execute this Agreement and return an original to the
REC IPIENT/S UB GRANTEE.
JOHN M. LINK, JR., COUNTY MANAGER
ORANGE COUNTY
200 SOUTH CAMERON STREET
HILLSBOROUGH, NC 27278
Hurricane Floyd Property Acquisition & Relocation Agreement Page 30 HFPAR-4292-0067 Orange County