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HomeMy WebLinkAboutAgenda - 02-21-2006-5fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 21, 2006 Action Agenda Item No. _ 5_F 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. Z 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(5): 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, Lp~dd SU]L y ~~~ Y~~~,~~ North Carolina Department of Clime Cantxol and Pnblia Safety Division of Emergency Management Michael F. Easley, Governor December I3, 2005 $ryan E Beatty, Secretary 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 (HMGP) for Orange County. Your total grant amount is $92,986 and includes both federal funds (75%) and your local matching funds (25°J°) Your project number is HMGP-1490-0005. Enclosed are two originals of the HMC'iP Grank Agreement. Each document should be signed by you in two (2) places - the signahrre page mrdAttachn:eat G' 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, 1830-8 Tillery Place, Raleigh, NC 27604. The overnight mail charges are reimbursable as part of administrative cost. After Deputy Secretary Gerald A Rudisill, .Jt signs both originals of the agreement, we will forward one copy of the fully executed conhact 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 Sincerely, P ~~ Bryan E Beatty Secretary BEB:jt Enclosures 1830-B Tillery Place • Raleigh, North Carolina 27604.7elephone (919) 715-8000 An Equal Opportunity/Affirmative Action Employer rid 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 conununications 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 Muragement 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 depar~hnent in its success in finding allowable funding for this project. We fiuther are thankful to the state for supplying the matching funds for the grant. hr addition to your efforts in assisting our county in this maimer, the Board wishes to call attention to the former director of the Division, Kernleth Taylor, and the Hazard Mitigation Grants Manager, Todd Brown, for their performance in detemrining 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 conummity's residents.. Best, Barry .Jacobs Chair, Board of County Commissioners Orange County 5 PROJECT: FIMGP-1490-0005 REIVIA PROJECT Number: 5-T NORTH CAROLINA I3A7ARD MITIGATION GRANT AGREEIYIENT (EOC GENERATOR PROJECT) THIS HAZARD MIIIGAIION ACQIJISIIION AND DEMOLITION PROTECT GRANT AGREEMENI (tlxe Agreement) is entered into by and between fl7e State of North Carol6ra, Department of-Crime Control and Public Safety, Division o1 Emergency iVIanagemeut, Raleigh, Nortlr Carolina (hereinafter refesed to as the "AGENCI'/ GRANTEE"), and Orange Connty (hereinaftez referred to as the "RECIPIENT/ SUBGRANTEE"}. WI~REAS, Hurricane Isabel produced disastrous weather conditions which had a devastating impact upon pans ofNorth Carolina; and WHEREAS, the sevezity of tlxe damage loss resulted in the declsualion of a disaster atxd/oz emergency by the Governor; and WI-IEREAS, The President of the Uavted States has concuaed and has declared an emergency of a major disaster designated HiUIGP DR-1490; and WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the Presidential Declaration, has made available federal fitnds for hazard mitigation grants; and WHEREAS, the North Catolirta 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/SUBC,RANTEE represents that it is fully qualified, possesses the requisite skills, laxowledge, qualifications and experience to provide the services identified hezein, and does agree to perform as described herein; NOW, TI-IEREPORE, the AGENCY/GRANTEE and the RECII'IENT/ SIJBGRANIEE do mutually agree as follows: (1) SCOPE OI' ~VORI{ the RECIPIENT/SiIBGRANIEE shall fully petfoun the approved Hazard Mitigation Grant Program (HNIGP) project, as described in the approved FEMA application as described in Attaclunent A, in accordance with the approved scope of\vork in the approved FEMA application, the estimate of costs indicated in the approved FEMA application, arrd the terms and conditions of this Abneement RECll'lENI/ SUBGRANTEE shall not deviate from the approved project and the teens and conditions of this Agreement RECIPIENT/SLJBGRANTE.E. shall comply with any and all applicable codes and standards in perfbmiing work funded H:¢ard Mitigation Page r RGIYIA-DR-I4IU-DD05 Orange County Crnnt Agreement under this Agreement, and shall provide any appropriate maintenance and security for the project The project costs are an estimate only and do not represent or indicate the amount of fluids 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 Procedrue (2) F'UNllING AND INSURANC)i/ The AGENCY/GRANTEE shall provide Hurricane Isabel fiords for costs incurred in performing the project identified in the approved FLMA application as identified in Attachment A as follows: IIazar'd Mitigation Grant Prograzn Ftmds: A- );OC Generator Project Total Number of Generators 7ota1 Cost 200ItW Generator 2 $69,514 SO ICW Generator Ueneratoz Labor Costs/unit Iotal Units Total Soft Costs Labor Costs 2 $20,764 Total Estimated Project Costs $ 90.278 The total estimated generator project costs are an estimate only and do not represent or indicate the amormt of funds that will be provided for the acquisition of the structure(s) I'he final project costs will be determined according to the policies and procedures iu the applicable North Crolina Division of Emergency Management Standard Operating Procedure I3. I+unding Sources E^ stimafed Federal Slrare fox 1490-0005 $67,709.00 Non-Federal Share 1) Estimated State Share for 1490-0005 $ 22,569-00 Other Non-FED~lA Federal Funds for 1490-0005 $ 2,708.00 TOTAL FOR 1490-0005 $ 92,986.00 [Iazm•J Mitigation Page 2 Ri',MA--nn-1490-0005 Orange County Grant Agreement 7 The above-referenced costs do not include the AGENCY/GRANTEE Administrative expenses in the amotmt of Seven Hundred amd Four Dollars ($704..00). Allowable costs shall be determined iu accordance with ffie Robert T Stafford Disaster Relief and L^metgency Assistance Acl, 42 LJ S C §5121 et sec 44 C F R. Part 206, 44 C F.R Part 209, 44 C F R Part 13, and other applicable Hazazd Mitigation Grant Progtatn guidance Administrative costs shall be compensated in accordance with 44 C F R §206 439(b)(1)(ii) 44 C F R. §209 11(b) The RECII'TENT/STJBGRANIEE shall utilize the fbnns entitled "Request for Advance" and "Cost Report" to obtain foods under this agreement.. RECIPIENT/ SLTBGRANTEE, shall not receive fimds rmder this agreement if it does not submit Cost Report or Request For Advance forms Io receive fiords under this agreement, RECIPIENT/ SLTBGRANTEE shall complete the Designated Agent Form and. forward it to flee appropriate Division of Emergency Nianagemenf Hazazd Mitigation Grant Program Project Manager or Hazazd Mitigation Specialist. Asper Paragraph 12(d) of this Agreement, if RECIPIENT/ SLIBGRANTEE designates different representatives oz designated agents, RECIPIENT/ SUBGRANI'EE shall notify AGENCY/GRANTEE To receive fiords corder 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 acrd Public Safety will forward the Cost Report to the RL+C7PIENT/ SLJBGRANTEE (See sazuple Cost Report attached). RECIPIENT/ SLTBGRANTEE. 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 Ptoject Manager or Hazard Mitigation Specialist AGENCY/ GRANTEE will reimburse RECIPIENT/SUBGRANIEE for eligible costs in increments of Five Hundred Dollars ($500 00) or greater Ilse final payment of funds will be made only after project completion, submission of all required documentation, final inspection, and a request for f nal reimbursement RECII'iENT/SLIBGRAN IEE agrees, as a condition of receipt of fimding 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 BENI';FiTS PROHIBITION hi accordance with Ure provisions of 42 U 5 C §5155 (Section 312 of the Stafford Act) duplication of benefits is prohibited 1'he RECIPIENT/ SUBGRANTEE shall notify the AGENCY/GRANTEE, as soon as practicable, of the existence of any IlIuzm~d Mitigation r'uge 3 PGMA-DR-1 d90-0005 Orange Conn[y Grant Agr eerocnt insurance coverage foz the costs identified in the application, and of any entitlement to oz recovery of funds fiom any other rotate foz the project costs, Including Small Business Administration funding, Minimum Home Repair funds, and other Federal, State and pzivate funding Allowable costs shall be reduced by the amotmt of duplicate sources available the RECIPIENT/ SIJBGRANTEE shall be liable to the AGENCY/GRANTEE to the extent drat the RECII'IENI/ SLTBGRANTEE receives duplicate benefits from any other source for the sazne purposes foz which the RECIPIENT/ SUBGRANTEE has received payment from the AGENCY/GRANTEE The RECIPIENT/SIJBGRANTEE shall immediately remit to the AGENCY/ GRANTEE any duplication of benefits payment received by die RECIPIENT/ SUBGRANTEE hi due event the AGENCY/ GRANTEE determines a duplication of benefits has ocetured RECII'IENT/SUBGRANTEE hereby authorizes the Controller of the Depaztmwtt 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 fimding under this Ageement, that all required Privacy Act releases and Duplication of Benefit paperwork is completed (4) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES Both tlne RECIPIENT/SUBGRANTEE and the AGENCY/GRANTEL^ 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 (S) PERIOD OF AGREEMENT Ihis Agreement becomes effective upon execution of the signahues 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 mtless terminated earlier in accordance with the provisions ofparagraphs (6), (8), (11), (1.3) or (17) (6) MODIFICATION OP' CONTRACT Eithez party may request modification of the provisions of this Agreement. Chatrges, which aze mutually agreed upon, shall be valid only when reduced in writing, duly sip red by each of the patties hezeto, and attached in the original of dpi Agreement. (7) RECORD KEEPING, PROCUREMENT ANA PROPERTY MANAGEMENT (a) If applicable, RECIPIEN I/SUBGRANTL.E's petfbnnance trader this Agreement shall be subject to 44 C F R Pazt 13, "Uniform Administrative l7azant Mltigntlon Pagc 4 FLMA-DR-d 49U-0005 Orange County Grant Agreement Requirements for Grants and Cooperative Agreements to State and Local Governments" acrd/or OMB C.,ircular No A-110, "Grants and Agreements with hrstitutions 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 Instihitions," or OMB Circular No A-122, "Cost Principles for Nonprofit Organizations " (b) If applicable, all financial and progranunatic records, supporting doerunenis statistical records and other records of RECIPIENT/ ShJBGRANIEb 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 tluee 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 tluee 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 (e} All records, including supporting doetunentation of all program costs, shall be sufficient to detenrrine compliance with the requirements and objectives of the Budget and Scope of Worlc - Attachment A -and all other applicable laws and regulations (d) the RECIPIENT/SUBGI2.ANIEE, 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 conshued according to the circumstances Uut ordinarily shall mean durhig normal business hours of 8:00 a m. to 5:0~ p m ,local tune, on Monday tluough Friday. "Agents" shall include, but not be limited to, auditors retained by the AGENCY/GRAN IEE (8) R);PORTS (a) the RECIPIENT/SUBGRANIEE shall provide monthly progress reports to the AGENCY/GRANTEE, using the Progress Report Fonn Reports ate due by the tenth of the follownig month Reports shall indicate the status and completion date for each project fmrded, any problems or circuinstarices 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 of the grain award Interim inspections shall be scheduled by the RECIPIENT/SLTBGRANIEE prior to the final inspection and maybe Raznrd Mitigntlon Pagc 5 PLMA-DR-1490-0005 Orange Counq~ Grant Agreement /0 requested by the AGENCY/GRANTEE based on information supplied in the progressrepozts the AGENCY/GRANTEE may require additional reports as needed I'he RECIl'TENT/ SUBGRANTL•L shall, as soon as possible, provide azry additional reports requested by the AGENCY/GRANTEE. The AGENCY/GTtANTEE contact will be the Division of Emezgency Management ITazard Mitigation Grant Program Project Manager or Hazard Mitigation Specialist for all reports and requests for reimbursement (b) RECIPIENT/ST.TBGRANIEL^ shall provide the AGENCY/ GRANTEE with a close-out repast 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 warmer acceptable to the AGENCY/GRANTEE, the AGENCY/ GRANTEE may withhold further payments until they aze completed or may take such other action as set forth in paragraph (11) the AGENCY/GRANTEE may terminate the Agreement with a RECIPIENT/SiJBGRANTEE if reports are not received within thirty (30) days after written notice by the AGENCY/ GRANTEE. "Acceptable to the AGENCY/GRANIEE" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work, Attaclunent A (d) Upon request by the AGENCY/GRANTEE, the RECIPIENT/ SUBGRANTEE shall provide such additional pragratn updates or information as may be required by the AGENCY/GRANTEE. (~) The RECIPIENT/SUBGRANTEE shall constantly monitor its performance undez 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 seC forth in Attachment A to fllis Agreement and imcorpotated by reference herein. (10) LIABILITY (a) Nothing in this Agreerment, express or hnplied, is intended to confer on any other person any rights oz zemedies in or by reason of this Agzeement This Agzeement does not give any person oz entity other than the parties hezeto tluzard Mitigation Pugc G PCMA-DR-1490-0005 Orange County Grant Agreement any legal or equitable claim, right or remedy This Agreement is intended for the sole arld exclusive benefit of the parties hereto Ihis Agreement is not made for Che benefit of arty third person or persons No third patty may enforce any part of this Agreement or shall have any rights hereunder. Ihis Agreement does not create, and shall not be conshued as creating, any rights enforceable by any person not a party to this Agreement (b) Except as otherwise provided in subparagraph (c) below, the RECIPIENT/ SUBGRANTEE shall be solely responsible to patties with whom it shall deal 111 carrying out the terms of this agreement, and shall save the AGENCY/GRANTEE harmless against all claims of whatever nahu'e by third parties arising out of the performance of wotic render 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 (c) 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 irnnnmity by any RECIPIENT/ SUBGRANTEE to which sovereign iuummity 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 patties in any matter arising out of any contract (11) llJuFAITLT: RI;MT;DIES: 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 heretmder shall, if the AGENCY/ GRANTEE so elects, terminate, and the AGENCY/GRANTEE may at its optimr exercise any of its remedies set forth herein, but the AGENCY/GRANTEE may make any payments or paits ofpayments after the happening of any Events of Default without thereby waiving fire right Co exercise such remedies, and without becoming liable to make any fiuther payment: I# any warranty or representation made by the RECIPIENT/ SUBGRANTEE in this Agreement or any previous Agreement with the AGENCY/GRANIEE shall at any time be fitlse or nusleading in any respect, or if the RECIPIENT/STJBGRANTEE 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, of is unable or mlwilling to meet its obligations thereunder; 2 1f arty material adverse change shall occur in the financial condition FlazarJ Mitlgation Page 7 RLMA-nR-1490-0005 Orange County Grant Agruement l~ of flte RECIPIENTISLTBGRANTEE at any time druing 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/ SUBGRANIEE fails to cure said material adverse change within thirty (.30) days ftom the time the date written notice is sent by the AGENCY/GRANTE:E; If any reports required by this Agreement have not been submitted to the AGENCY/GRANTEE or have been submitted with incorrect, incomplete of insufficient information; If flee RECIPIENT'/SLTBGRANIEE has failed to perform acrd complete in timely fashion aqy of the services requited under the Budget and Scope of Woxk attached hereto as "Attachment A" If the necessary funds are not available to fund this agreement as a result of action by Congress, the N C Legislatrue, or the Office of State Budget and Management (b) Llpon the happening of an Event of Default, then the AGENCY/ GRANTEE may, at its option, upon written notice to the RECIPIENI/ SLTBGRANTEE and upon the RECIPIENT/ St.JI3GRANTEE's faihue to timely cure, exercise any one or more of the following remedies, either concturently ox 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: Terminate this Agreement, provided that the 12E('IPIENT/ SUBGRANTEE is given at least fifteen (15) clays 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; Commence ut 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. (c) the AGENCY/GRANTEE may terminate this Agreement for cause upon such written notice to RECII'IENI/SUBGRANIEE of such termination rfazard Nlltigatton Pagc 8 REMA-UTi-1490.OOOi Orange County Grnot 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 fiords; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely mamier, and refitsal by khe RECIPIENT/SLIBGRANIEE to permit public access to any document, paper, letter, or other material subject to disclosure rmder N C General Statutes (d) Suspension or temtination constihrtes final AGENCY/GRANTEE action Notification of suspension or temrination shall include notice of administrative hearing rights and time frames (e) The RECIPIENT/STIBGRANTEE shall return tiurds to the AGENCY/ GRANTEE if found in non-cotnpliurce with laws, rules, regulations governing the use of the fiords or this Agreement (f) 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 AGENCY/GRANTEE from the RECIPIENT/ SUBGRANTEE is determined (L) NOTICE AND CONTACT (a) All notices provided tinder or pursuant to this Agreement shall Ue in writing, first class, certified mail, retuun receipt requested, to the representative identified below and said notification attached to the original of this Agreement (b) the Warne and address of the AGENCY/GRANTEE contract manager for this Agreement is: JohD Crer IIazard NIitigatiou SectioD 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 flee Representative of the RECIPIENT/ SLTBGRANTEE (Designated Agent) responsible for the adminishation of this Agreement is: Hazard Mltigatton Pngc 9 BLMA-DR-1490-0005 Orange County Grant Agreement /~f Mailing Address: John Link County Manager Orange County Post Office Box 8181 Hillsborough, NC 27278 Overnieht Address Johu Lank County Manager Orange County 1914 New Hope Church Road Hillsborough, NC 27278 ht the event that different representatives (designated agents) are designated by either patty after execution of this Agreement, notice of the name, title and address o1 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 Fotm and forward it to the appropziate Division of Emergency Management Hazard Mitigation Grant Program Project Manager oz Hazard Mitigation Specialist. To receive funds under this agreement, the Designated Agent shall sign the Cost 12eport or Request for Advance Form (13) (a) the validity of this Agreement is suUject to the truth and accuracy of all the information, representations, and materials sribmitted 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 infotmation, representations, alxl materials are incorporated by reference. The lack of accuracy thereof oz any material changes shall, at the option of the AGENCY/GRANTEE and with thirty (30) days written notice to the RECIPIENT/SUBGRANIEE, cause the termination of this Agreement and the release of the AGENCY/ GRANTEE from all its obligations to the RECIPIENT/ SiTBGRANTEE (b) This Agreement shall be construed under the laws of the State of North Cazolina and venue for any actions arising out of this Agreement shall be filed in State Cotut in Walce County, North Carolina ICany 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 IIarurd Mitigation Puge 10 RLMA-DR-7490-0005 Orange County Gant Agreement ~5 (c) No waiver by the AGENCY/GRANTEE of any right or remedy granted hereunder or faihue 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/ GRANTEI. for any fiutlrer or subsequent default by the RECIPIENT/ SUBC,RANTEL^ Any power of approval or disapproval granted to the AGENCY/ GRANTEE udder the teens of this Agreement shall sur~~ve the teens and life of this agreement as a whole (14) AUDIT' R);QUIREMENTS (a) If applicable, RECIPIENT/SUBGRANTEE shall provide the following completed documentation to the AGENCY/GRANTEE: • Designation of Applicant's Agent; • State-Applicant Disaster Assistance Agreemont; • Private Non-Proft Organization Certification {if required); • Sununazy of Documentation Form itemizing actual costs expended for ]azge project payment requests; • Monthly Progress Reports; • Hazel copies of Single Audit Reports within 60 days of close of fiscal year. If the RECIPENT/SUBGRANTEE fails to provide any of the documentation discussed or requestednr this Agreement, the AGENCY/GRANTEE will be under no obligation to reimburse the RECII'IENT/SUBGRANTEE for eligible expenses (b) The RECIPIENT /ST.TBGRANTEE agrees to maintain financial procedures and support documents and to establish atld maintain a proper accounting system to record expendituzes of disaster assistance funds in accordance with generally accepted accoumting principles or as directed by the Governor's Authorized Representative, to account For the receipt and expenditure of funds raider this Agreement If applicable, RECIPIENT/SlTBGRANTEE shall conduct audit(s) pursuant to the Single Audit Act of 1984, 31 U S C §7501 et eg, 44 C F R. Part 14, OMB Ciroular A-133, "Audits of States, Local Governments, and Non-profit Organizations," and applicable North Cazolina 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 widlhold or suspend payments under any grant award r[.~zard Nfitigation Page 11 PEMA-DR-1490.0005 Orange Con¢ty Gr¢¢t Agreement /~ (c) These records shall be available at all reasonable times for inspectiar, review, or audit by the N C State Auditor azrd other persomrel duly authorized by the AGENCY/GRANTEE "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a m to 5:00 p m., Eastern Standard Iime, Monday through Friday (d) The RECIPIENT/SLJBC,ILANTL•Eshah also provide Hie AGENCY/ GRANTEE with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded utulet this Agreement. (e) The RECIPIENT/SIJBGRANTEE shall provide the AGENCY/ GRANIEE and the O££tce of the State Auditor with au annual financial audit report The annual financial audit report shall include all management letters and the RECIPIENT/SLTBGRANTEL^'s response to all findings, including corrective actions to be taken (f) hr the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordaz~ce with the conditions of this Agreement, the RECIPIENI/ SUBGRANTEE shall be held liaUle 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/SLIB(rRANTEE of such non-compliance (g) the RECIlIENT/SUBGRANIEE. shall retain all financial records, supporthrg docmuents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of suUmission of the final expeudihues report Howevez, if litigation or arr audit lras been initiated prior to the expiration of the tluee-year period, the records shall be retained until the litigation or audit findings have been resolved (15) SUBCONTRACTS (a) If the RECIlIENT/SLTBGRANIEE subcontracts any or all of the work required under this Agreement, the RECIPIENT/ SIIBGRANIEE agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the AGENCYIGRANIEE. (b) The RECIPIENT/SLTBGRANTEE agrees to include in the subcontract tlrat the subcontractor shall hold the AGENCY/ GRANTEE and RECIPIENT/ SLTBGRANTEE harmless against all claims of whatever Hahne arising out rtaznrd britigation Page 12 FI;MA-llR-r4')0-0005 Orange County Grant Agt cement 17 of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law (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) Conti actual 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 (I rt7 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 anal and written statements or agreements (I'n STANDARD CONDITIONS The RECIPTENTYSLIBGRANIEE agrees to be bormd by the following standard conditions: (a) the State of North Cazolina's performance azid obligation to pay Imder this Agreement is contingent upon an annual appropriation by the Legislature and is contingent upon Congress providing TIuuicane Isabel funds for 1490 projects. (b) If otherwise allowed Imder this Agreement, extension of an agreement for contractual services shall be in writing and shall be subject to the same teens acrd 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 iu the agreement for completion of the agreement is due to events beyond the control of. the RECII'IENT/SUBGRANTEE (c) The AGENCY/GRANTEE reserves the right to unilaterally cancel this Agreement for refusal by the RECIPIENT/ST.JBGRANIEE 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/RECII'IENT/SLIIiGRE1NTEE in conjunction with the Agreement hazard Nlltigntion Page 13 RLMA-DR-r490-0005 Orange County Orant Agreement i~ (18) ATTACIIMENTS (a) All attaclmrents to this Agreement are incorporated tts if set out fii11y herein. (b) In the event of any inconsistency or conflict between the language of this Agreement and the attaclnnents hereto, the language of such attaclnnents shall be controlling, but only to the extent of such conflict or inconsistency.. (c) Tlris Agreement includes the following attaclnnents of doctunents incorporated by reference as if fully set out herein: I. Attaclunent A Approved Project Budget &i Scope of Worlc 2 Attachment B Program Statutes and Regulations 3 Attaclnnent 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 minimwn criteeia for local hazard mitigation plans 9 Hazard Mitigation Grant Program Application Approved by FEMA 10 The RECIPIENT/SUBGRANTEE's application to the State for funding under the FEMA Hazard Mitigation Grant Program (19) (a) This is acost-reimbursement Agreement The RECII'IENT/ Si1BGRANTEE shall be reimbursed for eligible costs incurred in the satisfactory performance of work hereunder in azr amount not to exceed Ninety-Two Thousand, Nine Hundred and Eighty-Six Dollars ($92,98G.00) subject to the availability of fiords These costs do not include the AGENCY/GRANTEE administrative expenses in the amount of Seven Hundred and Tour Dollars ($704.00) These costs are the total estimated project costs and 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 (b) Any advance payment under this Agreement is subject to t17e approval of the AGENCY/GRANTEE the amount which maybe advanced may not exceed the expected cash needs of the RECIPIENT/SUBGRANTEE for a Hazard Mitigation Page I4 FEMA-DR-1490-PODS Orange Comlly Giant Agreement 19 three-day period for the specific project. Pot a federally funded contract, any advazice payment is also subject to 44 C F R Pact 13, Federal OMB Circulars, A-110, A-122 and the Cash Management Improvement Act of 1990 It 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 Fotm RECIPTEN'I/SLTBGRANTEE shall specify the amotuit of advance payment needed, project number and provide an explanation of the necessity for and proposed use of these fiords (c) All funds shall be requested using the appropriate forms that are provided by the AGENCY/GRANTEE (20) STATE LOBBI'ING PROHIBITION No fonds or other resources received from the AGENCY/GRANTEE in cormection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the N C General Assembly or arty state department. Refer to Attacinnent C for additional terms and provisions relating to lobbying. (21) LEGAL AUTHORIZe~TION Zhe RECIPIENT/SUBGRANIEE certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Aa cement 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/SUBGRANIEE also certifies that the tutdersigned possesses the authority to legally execute and bind RECII'IENT/SLTBGRANIEF_ to 8re 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/Si.TBGRANTEE shall comply with the special conditions set forth in Attaclunent E., attached hereto and incorporated by this reference (b) Faihue of the RECIPIENT/SUBGRANTEE to comply with the special conditions listed ut Attachment E or the program stahrtes and regulations in Attaclunents B and D of this Agreement shall because for the immediate 13azard Nntigation Pngn IS PCivIA-DR-14'36-0005 Orange County Gnmt Agreement ao suspension of payments or the immediate temrination of this Agreement (24) IIAZARD 1VIITIGATION PLAN If RECIPIENT/SUBGRANTEE is a local governmental entity, RECII'IENT/ SLTBGRANTEL shall complete and adopt an all-hazards mitigation plan in a mamier satisfactory to the State Hazard Mitigation Off cer within three hrmdr'ed and sixty-five (365) calendar days following execution of this Agteelnent Ille all- hazards mitigation plan shall be developed in accotduzce with the minimum criteria for local hazard mitigation plans as determined by fhe AGENCY/ GRANIEE The minimum criteria ate incorporated by refetettce into this Agreement as if firily set out herein (25) VOLUNTEER LABOR The RECIPIENT/SiJI3GRANTEE 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 necessazy to constmct, 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 Ftuther, when constructing, building, or erecting replacement housing in the aforementioned affected areas, the RECII'1ENT/SUBGRANTEE shall use the replacement housing in lieu of purchasing eligible property pursuant to 44 C P R Section 206 434(d) under the AGENCY/GRANTEE Hazatd Nfitigation Acquisition and Relocation Program the RECIPIENI/SiTBGRAN IEE may use the difference beriveen the actual cost to construct replacement housing and the pre-disaster fair mailcet value of the acquired property as a credit or offset against the grant to acquire additional eligible properties IN WIINESS WIIEREOP, theAGENCYlGRANIEE and theRECll'IENI/SUBGRANIEE have each executed this Agreement, this the day or 2005 CONIRACIING AGENCY UIVIS[ON OF EMERGENCY iYIANAGEMENT AEPARI'MEN'1' OF C121NIE CONTROL AND PUBLIC SAFE T Y p W77NE 11 0~-V ' ( ~ ~ BY:~iJ__d~~__T DIRECTOR DOUG OE L . , DIVISION OF EMERGENCY MANAGEMENT DATE L..os.d.j Hazard Mitigation Page t6 EENtA-DR-1490-0005 Orange Comtty Grant Agr cement ~i rYITNESS: WITNESS: BY GERALD A- liUDiSILL, JR DEPUTY SECREIARY DEPARIMENT OT CRIME CONTROL & PUBLIC SAFETY llA7E BY IOHN LINK COUNTY MANAGER ORANGECOUNIY RECIPIENT/SUBGRAN I EE 6EDIiRAL EMPLOYER I TI X56-6000327 UA"IE APPROVED AS TO PROCG:DURES: BENNIE AIKEN, CONTROLLER DEPART MEM OE CRIME CONTROL & PUBLIC SA[ETY DATE APPROVED AS TO FORM SUB,7ECI IO EXECUTION BY GERALD A. RUDISILL JR. DEPUTY SECRET AR] OP' THE DEPART-lENI OP CRTME CONTROL AND PUBLIC SAA'E'1'Y. ROY COOPER ATTORNEY GENERAL OE NORTH CAROLINA BY: ASS S~~ E ERAL Hazard Mitigation Page 17 EENIA-DR-1490-0005 Orange County Grunt Agreement a~ A-1 ATTACIINIENT A BUDGET AND SCOPE OF WORK RECIPIENT/SUBGRANTEE shall implement Ste LIazazd Mitigation project sununarized below and as described in the approved pzoject application (Project # HIvIGR1490-0005). That Application is hereby iucorpozated by reference into this Agreement The AGENCY/GRANTEE shall reimburse eligible costs according to the following expenditures: I-Iazard Mitigation Grant Progzazn I^wlds: A. I;OC Generator Project Total Number of Generators Total Cost 200 KW Generator 2 $69,514 SO IOW Genezator Generator Labor Costs/unit Total Units Total Soft Costs Labor Costs 2 $20,764 Total Estimated Project Costs $ 90.278 B. Funding Sources E^strnu~tecZFederal Slaare for 1490-0005 $67,709A0 Norr-Federal Share 2) Estimated State Share for 1490-0005 $ 22,569.00 Other Nou-FErYfff Federal Funds for 1490-0005 $ 2,708.00 TQTr3L FOR 1490-0005 $ 92,986.00 The above-referenced costs do not include the AGENCY/GRANTEE Administrative expenses in the amount of Seven FIundred 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 fot the acquisition of the shucture(s) The final project costs will be determined according to the policies and procedtues in the applicable Nozth Carolina Division of Emergency Management Standard Operating Procedure. Hazard Mitigation Page 18 F'PMA-ll12-7490-0005 Orange Cuunty Grant Agreement ~3 A-2 II. Scope of Worl: Summary Purchase and installation of 2001:W Permanent Auxiliary Power Generator at Orange County Pmergency Operations Center at 1914 New Hope Church 12oad and a 50 LV1' Permanent Auxiliary Power Generator at the Communications Tower on ono Mountain. hazard NIitlgntion Pagc 19 PLMA-DR-1490-0005 Orange County G~mrt Agrectnent a~ B_, ATTACF3iYIENT B PROGRAM STATUTES AND REGULAIIONS T11is Agreement, the North Carolina Legislature and the Hazard Mitigation Grant Program (EOC Generator Project) glints aze governed by the following statutes, regulations, procedures and policies: (I) The Robert T Stafford Disaster Relief and Emergency Assistance Act, 42 U S C §51.21. et. sec ; (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 guidvrce docwnents; (3) Chapter 166A of the N C General Statutes, N C G S § 166A-1 et sec , "The N C Emergency Management Act"; (4) State of North Carolina Administrative Plan for the Hazard Mitigation Giant Program and policies and procedures of the N C Division of Emergency Management; (5) All applicable laws and regulations delineated in Attachments DBcE of this Agreement; (6) All applicable laws, ordutances, codes, rules, regulations, licensing requirements and other regulatory matters fliaC are applicable to the work performance tinder this Agreement, including those of federal, state and local agencies having appropriate jurisdiction Ilazard Mitigation Page 20 PGNIA-DR-1490-0005 Orange County G~ ant Agreement a5 ATTACHMENT C LOBBYING PROHIBITION The mtdersigrted certifies, to the best of his or her knowledge and belief, that: (a) No Pedetal appropriated ftmds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to htfluence either directly of indirectly an officer or employee of any state or federal agency, a member of the N C Legislature, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the maldag of any Federal grant, the malring of any Federal loan, the entering into of any cooperative agreetirent, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, of cooperative agreement (b) If any funds other than Federal appropriated firnds have been paid of will be paid to any person for influencing of attempting to influence art officer or employee of any agency, a Member of Congress, art officer or employee of Congress, or an employee of a Member of Congress in comtection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-L "Disclosure Form to Report Lobbying," in accorclazzce tivitlt its instnictions (c) The undersigted 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 ST1B-RECII'ILNT/SUBGRANTEES shall certify and disclose accordingly. Phis 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 _il, U S Code Any persor. who fails to file the required cetlificalion shall be subject to a civil ponalty of not less than $10,000 and not more than $100,000 for each such faihue RECIPIENT/SUB r RANTEE BY: John Link County Manager Orange County Iinzard IDtitigation Page 21 ['1;ffiA-DR-14'JO-ODDS Orange County Ci unl Agr cement a~ D-1 ATTACHNIT•rNT D STAIEMENT OF ASSTJRANCES The RECIl'IENT/SUBGRANTEE hereby assures and certrfies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program (b) Its govenvng body has duly adopted or passed as an official act a resolution, motion oz similar action authorizing the filing of the HNICxP application to FEMA, including all understandings and assuzances contained therein, and directing and authorizing the RECII'IENT/ SLTBGRANTEE's chief executive officer to act in comlection with the application and to provide such additional infozmation as may be requited:. (c} No member of or delegate to the Congress of the Lhtited States, and no Resident Commissionez, 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 prograni is situated; and no other public official of such locality or localities who exercises any furretions or responsibilities with respect to program during his tenure or for one year thereafter, shall have any interest director indirect, in any contract or program assisted under this agreement The RECIPIENT/Si.TBGRANTEE shall incorporate or cause to be incorporated, in all such conhacts or subcontracts 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 sue, 44 C F R Part 14, OMB Circular A-133 "Audits of States, Local Governments and Non-profit Organizations", and applicable Nortlr Carolina laws, rules and regulations Additionally, the RECIPIENT/ ST.TBGI2ANIEE shall comply with the requirements related to audits and fmancial management ptusuant to the Single Audit Act of 1984, 31 U.S C §7501 et seq and shall provide the documentation discussed below and requested trader this Agreement. ItECII'IENT/ SITBGRANTEE uurst provide a hand copy of the Single Audit Act Report within sixty (60) days of the close of its fiscal year Otherwise, pursuant to 44 C F.R. § 13 43, the AGENCY/SiJBGRANIEE may withhold or suspend payments corder any grant award. Failure to provide such documentation or to comply with said requirements shall terminate any obligation on behalf of the AGENCY/ GRANTEE to reimburse the RECIPIENT/SUBGRANiEE for eligible expenses Haxnrd Mitigation Page 2: FEMA-DR-1490.0005 Orange County Grant Agreement a~ D-2 The AGENCY/GRANTEE shall review the RECIPIENT/ SUBGRANIEE's performance periodically to deterniine whether the RECIPIENT/StIBGRANTEE 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/SLTBGRANTEE and/or upon a determination by the AGENCY/GRANTEE. of RECLPIE.NT/ SUBGRANTEE need TheRECIPIENT/SUBGRANTEE shall allow the AGENCY/ GRANTEE to carry out monitorhrg, evaluation, and technical assistance and shall assure the cooperation of its employees, sub- 1tL^CII'IENI/STJBGRANTEES and subcontractors druing such activities lrr 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/ST.TBGRANTL^E Any requests for pa}nneut for which the AGENCY/GRANIEE has not yet disbrirsed payment shall be suUject to said suspension 4 Should the RECIPIENTISUBGRANIEE fail to enforce the provisions of any promissary note, mortgage, security agreement, or other obligation specified in any Participating Party Agreement or in written contract with a beneficiary, contractoz, agent, or sub- RECIPIENT/ SUI3GRANIEE who received payment or benefit from funds disbrused under this Agreement, the AGENCY/ GRANTEE may, with thirty days (30) written notice to the RECIPIENT/SLTI3GRANTEE, automatically substitute itself for the RECIlIENT/SUI3GRANTEE in said Participating Party Agreement or written contract for the purpose of enforcing said Pazticipating Party Ageement or written contract and may, at its discretion, continue to administer said Participating Party Agreement or written contract Aazard Mitigation Page 23 RLMA-llR-1490-0005 Orange CounTy Grant Agreement a~ D-3 The RECIPIENT/StJBGRANIEE's application for fiords to the State for funding consideration tinder the FEMA Hazard Mitigation Grant Program is made a part of this Agreement by reference 6 RECII'IENI/SUBGRANTEE shall establish and maintain a proper accotmting system to record expenditures of disaster assistance fiords in accordance with generally accepted accounting principles or as directed by the Governor's Authorized Repzesentative The RECIPIENT/SUBGRANTEE, its employees, and agents, shall maintain records and supporiurg documents as presczibed in 44 CFR Put 13, Subpart C "Reports, Records Retention and Enforcement" Ihese records shall be maintained at a readily accessible site within the jurisdiction and under the jtuisdiction's control Program Income is defined in 44 CFR Section 13 25 Program Income must be rehuned to the AGENCY/GRANIEE within five (5) days of receipt, to the following addzess: Controller N.C. Department of Crime Control ~l Public Safety 512 N. Salisbury Street Raleigb, NC 27603 All RECIl'IENT/SUBGR.ANTEE or sub-RECIPIENT/ SUBGRANTEE contracts for which the N C Legislature is in any part a funding source, shall contain language to provide for termuration with reasonable costs to be paid by the RECIPIENT/ SUBGItANTEE 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/GRAANTEE All sub-RECIPIENI/ SUBGRANTL^E contracts shall contain provision for termination for cause or convenience and shall provide for the method of payment in such event All amendments requiring prior AGENCY/GRANTEE r[azard Mitigation Page 24 FL01A-DR-1490-0005 Orange County Grant Agreement a~ D-4 appzova] trust be approved in writing by the AGENCY/GRANTEE prior to the RECIPIENI/ SUBGRANTEE.'s submission of a closeout package Any closeout package received prior to the written approval of said aniendment is considered void ab ink and is not considered a closeout package for the proposes of eligibility or potential penalty issues related to closeout 10 Submission of inaccurate infozmation by the RECIPIENT/ SUBGRANIEE in monitoring report responses; audit oz audit finding responses; quarterly, closeout, program income, oz other repozts; oz Requests for Fwtds that result in subsequent official AGENCY/GRANTEE action based on that inaccurate infozmation (such as the granting of admirusnative or fnal closeout status, releasing fiords, oz clearing findings) may at the option of the AGENCY/ GRANTEE, subject the RE.CIPIE.NT/SiJBGRANTEE to revocation of the official AGENCY/GRANTEE action(s) predicated on that tepozi or submission, (e g , revocation of closeout status, audit clearance, monitoring report clearance, eta) (e) Where applicable, it will comply with: (1) Contract Work Hotus and Safety Standards Act of 19C>2, 40 U S.C 327 et seq ,requiring that mechanics and laborers (including watchmen and guards) employed on fedezally assisted contracts be paid wages of not less than one acrd one-half times their basic wage rates for all hours worked in excess of forty hotus in a work week; and (2) Federal Fair Labor Standards Act, 29 U S C Section 201 et seq , zquiring that coveted employees be paid at least dze minimum prescribed wage, and also that they be paid one and one-half times tlzeiz basic wage rates for all houus worked in excess of the prescribed work-week (3) Davis-Bacon Act, 40 U S C §276a of sec (4) National Enviromnenta] Policy Act of 1969, 42CJ 5 C.. §4321; et.. seq ; E0115154; E0119S8; Coastal Zone ManagemenC Act of 1972, 16LJ S C §1451 et seq.; Section 176(c) of the Clean Aiz Act of 1955, 42IJ S C §7401 et seq ;Safe Drinking Water Act of 1974, 42U S.C §.300f et seq.; Endangered Species Act of 1973, 16iI S C §1532 et seq; tiaz¢rd 14fitig:LLion Page 25 PCMA-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, 16LJ S C §470 et seq.; E011593; 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 race, color; or uational origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination tender any program or activity for which the RECIPIENT/SUBGRANTEE receives Federal financial assistance and will immediately take any meastues necessary to effectuate this assurance (2) If arry real property or structure khereon 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 tsazrsfer of such property, any transferee, for fire period during which the real property or structtue is used for a propose for which the Federal financial assistance is extended, or for another propose involving fire provision of similar services or benefits; (3) Awry prohibition against discrimination on the basis of age render the Age Discrimination Act of 1975, as amended (42 iJ S C ; 6101-6107) which prohibits discrimination on Che basis of age of 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 Otdets 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall Ue discrhninated against on the basis of race, color; religion, sex of uational origin in all phases of employment during fire petf'ounauce of federal or federally assisted construction contracts; affirmative action to insure fah treatment in employment, upgrading, demotion, or transfer; recntitment advertising; layoff or termination, rafts of pay or other forms of compensation; and election for trairring and apprenticeship Hazard Mitigatioo Pngc 26 R);MA-DR-Y490.0005 Orange County Grant Agreement 31 D-6 (g) The RECIPIENT/SUBGRANTEE agrees to comply with tlxe Anxericans 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 accormnodations, transportation, State and local government services, and in telecommunications (h) It will comply with the Anti-kickback (Copelatxd) Act of 1934, 18 LJ S C Section 874 and 40 U S C Section 276x, which outlaws and prescribes penalties for "kickbacks" of wages hr 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 AcC, which limits the political activity of employees (j) It will comply with the flood insurance purchase requirements of Section 1O2(a) of the Flood Disaster Protection Act of 1973 as amended Pub L, 93-156, 87 Section 975, approved December 31, 1973 Section 1O.3(a) requited, on and after March 2, 1974, the purchase of flood insuuance in communities where such insurance is available as a condition for the receipt of any Federal titxancial assistance for construction or acquisition proposes 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 please "Federal financial assistance" includes any farm of loan, grant gnararrty, insurance payment, rebate, subsidy, disaster assistance loan of grant, or any other form of direct or indirect Fedetal assistance. (k) It will require every building or facility (other than a privately owned residential stnrchue) designed, constructed, or altered with fiords provided under this Pazt to comply with the "uniform Federal Accessibility Standards," (IJFAS) which is Appendix A to 41 CFR Part 40 for tesidenfral structtues The RECIPIENT/ SUBGItANTEL• will be responsible for conducting inspections to ensure compliance with these specifications by the contractor (1) The RECIPIENT/SIJBGRANIEE will comply with applicable N C General Statutes when negotiating conhacts for services (m) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jruisdictimr against any individuals engaged in nonviolent civil riglxts demonstrations, and has Hazard Mitignliou Page 27 FLMA-Ali-1410-0005 Onmge County G~nnt Agreement 3~ D-7 adopted and is enforcing a policy of enforcing applicable State and federal laws against physically batting entrance or exit fiom 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 IJC 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 an7ended, relating to nondiseritnination 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 nondiscrimhiation 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 patientrecotds; (r) It will comply with Lead-Based Paint Poisoning Acf "(42 U S C_. 4801 et seq. )" which prohibits the use of lead based paint in construction of rehabilitation or residential struchues; (s) It will comply wiflr the Energy Policy and Conservation Act, 42 LI S C §6291 et Seo• (t) REC_.IPILNUSUBGIZA.NIEL certifies that it: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from participating in Federal grants or awards by any Federal depaztrnent or agency; and (2) Has not within athree-year period preceding this contract been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in cormection with obtaining, attempting to obtain, or performing a public (Federal, State, of local) transaction or contract tinder a public hansaction; violation of Feder al or State antitrust statutes or commission of embezzlement, then, Forgery, bribery, liaznrd Mitigation Pngc 28 PGMA-DR-1490-0005 Ornnge CounTy Grant Agreement 3.3 D-8 falsification or destruction of records, making false statements, or receiving stolen property; (3) Is not presently indicted for or olhervvise criminally or civilly charged by a governmental entity (Federal, State, or local) with conmrission of any of the offenses enumerated iu paragraph (2) above; and, (4) Has not wither a tluee-year period preceding this application had one or more public hansactions (Tederal, State, or local) terminated for cause or default {u) RECIPIENT/SLTBGRANTEE further agees that it will include t]Ie above certifications, without modification, in all lower tier contracts and in all solicitations for lower tier contracts Anz:vd Mitigation Pagc 29 RGMA-DR-1490-ODOS OranOe County Grmrt Agrcemmtt 3 `~ ATTACIiMENT >; SPECIAL CONDITIONS This agreement shall be executed by the RECIPIENT/SUBGRAN IEE, and rehuned to the AGENCY/GRANTEE at the following address: Johu Crew Hazard Mitigation Section Chief Department of Crirne Control Sc Pnblic Safety Division of Emergency Management Disaster Recovery Operations Center 18.30-8 Tillery Place Raleigh, NC 27604 Ihis as Bement will be executed within thirty (30) days after receipt All time periods in this Agreement refer to calendar days After receipt by lire AGENCY/GRANTEE of the signed Agreement, the AGENCY/GRANTEE will execute this Agreement and rehun an original to the RECII'IENI /SUB GRANTEE,. John Link County Mauager Orange County 1914 New kIope Church Road Ilillsborough, NC 27273 Flazard Miligxtion Pngc 30 rLMA-DR-1490.0005 pt:~nge County Grant Agreement