HomeMy WebLinkAboutItem 8-f - Agreement with the State for Federal Assistance 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 11, 2018
Action Agenda
Item No. 8-f
SUBJECT: Agreement with the State for Federal Assistance
DEPARTMENT: Emergency Services
Financial Services
ATTACHMENT(S): INFORMATION CONTACT:
State — Applicant Disaster Assistance Kirby Saunders, 919-245-6135
Agreement Paul Laughton, 919-245-2152
Gary Donaldson, 919-245-2453
Dinah Jefferies, 919-245-6100
PURPOSE: To approve an agreement with the State of North Carolina for assistance related to
the recovery from the September 14-17, 2018 Hurricane Florence Incident.
BACKGROUND: On September 14-17, 2018, Orange County was greatly impacted by
torrential rain and winds that resulted in significant flooding from Hurricane Florence that
occurred over multiple days. Because of Hurricane Florence, the Orange County Emergency
Operations Center was activated, which required staffing by County personnel and partnering
agencies.
Along with emergency protective measures that were taken by the County, several residences
were flooded due to the rain resulting from Hurricane Florence. Shelters were opened before
and during the storm to provide somewhere for the flood survivors to go. Opening the shelters
required that resources be provided from both the County and the State of North Carolina.
Orange County is currently handling permanent housing for flood Survivors.
Following Hurricane Florence, a request was made to the State and the Federal Emergency
Management Agency (FEMA) to conduct a joint preliminary damage assessment. That
assessment was conducted on September 25, 2018.
On October 22, 2018, Orange County was included in the list of additional counties that
received a major disaster declaration from FEMA. Another meeting was held with the State of
North Carolina Emergency Management officials and the assigned FEMA Federal Coordinating
Officer to brief potential assistance applicants on the application process. Orange County has
completed the "Request for Public Assistance (RPA)." The County must now enter in an
agreement with the State to receive federal assistance.
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FINANCIAL IMPACT: The estimated cost to the County related to Hurricane Florence is in
excess of $100,000. Receiving funding from FEMA's Public Assistance Agency would help the
County to recover much of the costs associated with Hurricane Florence.
RECOMMENDATION(S): The Manager recommends that the Board approve the "State —
Applicant Disaster Assistance Agreement" and authorize the Chair to sign the agreement and all
related attachments/documents as necessary.
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d�SiA?E4
North Carolina Department of Public Safety
Division of Emergency Management
APPLICANT: Orange County, NC DISASTER: Hurricane Florence
p'EMA- 4393 -DR-NC
PUBLIC ASSISTANCE CFDA#97.036
STATE—APPLICANT DISASTER ASSISTANCE AGREEMENT
This Agreement made by and between the State of North Carolina,Dept. of Public Safety,
Division of Emergency Management{"the State") and Orange Coun y, NC
("the Applicant")shall be effective on the slate signed by the State_and the Applicant. It shall
apply to all disaster assistance funds provided by or through the State to the Applicant as a result
of the disaster called Hurricane Florence , and pursuant to the Disaster Declaration
made by the President of the United States numbered FEMA- 4393 -DR-NC.
The designated representative of the Applicant(Applicant's Agent)certifies that:
1. He/She has legal authority to apply for assistance on behalf of the Applicant pursuant to a
resolution duly adopted or passed by the Applicant's governing body.
2. The Applicant shall provide all necessary financial and managerial resources to meet the
terms and conditions of receiving Federal and State disaster grant assistance.
3. The applicant shall use disaster assistance funds solely for the purpose for which these fiends
are provided and as approved by the Governor's Authorized Representative(GAR).
4. The Applicant is aware of and shall comply with cost-sharing requirements of Federal and
State disaster assistance: specifically that Federal assistance is limited to 75%of eligible
expenditures,and that State assistance is limited to 25%of the eligible costs. Alternate
projects selected by the Applicant may be eligible fox only 75%of the approved federal share
of estimated eligible costs.
5. The Applicant shall provide the following completed documentation to the State:
o Designation of Applicant's Agent;
State-Applicant Disaster Assistance Agreement
e Private Non-Profit Organization Certification(if required);
o Summary of Documentation Form itemizing actual costs expended for large
project payment requests;
e Monthly Progress Reports;
0 Copies of Single Audit Reports as applicable.
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If the Applicant fails to provide any of the above documentation, the State will be tinder
no obligation to reimburse the Applicant for eligible expenses.
6. The Applicant shall establish and maintain a proper accounting system to record expenditures
of disaster assistance funds in accordance with generally accepted accounting principals or as
directed by the Governor's Authorized Representative. if applicable, the Applicant shall
conduct audit(s)pursuant to the Single Audit Act of 1984,31 U.S.C. 97501 et,seq.,44
C.F.R. fart 14, OMB Circular A-133, "Audits of States,Local Governments and Non-profit
Organizations,"and applicable North Carolina laws,rules and regulations.
7. The Applicant shall provide to the State monthly Progress Reports for all open large projects
funded by State and Federal disaster assistance grants. The first Progress Report will be due
on the 10a'day of the first month following initiation of the project and subsequent Progress
Reports will be due on the 10't'day of each and every month thereafter until project
completion. Fortes and reporting requirements will be provided by the Governor's
Authorized Representative.
8. The Applicant,its employees and agents, including consultants,contractors and
subcontractors to be paid with fiords provided under this Agreement, shall give State and
Federal agencies designated by the Governor's Authorized Representative, full access to and
the right to examine all records and documents related to the use of disaster assistance funds,
9. The Applicant shall return to the State,within thirty(30)days of a request by the Governor's
Authorized Representative, any funds advanced to the Applicant that are not supported by
audit or other Federal or State review of documentation maintained by the Applicant.
10. The Applicant shall comply with all applicable codes and standards in the completion of
eligible work to repair or replace damaged public facilities.
11.The Applicant shall comply with all applicable provisions of Federal and State statutes,rules
and regulations regarding the procurement of goods and services and regarding contracts for
the repair and restoration of public facilities.
12.The Applicant shall begin and complete all items of work within the time limits established
Governors Authorized Representative and in accordance'wii applicable Federal and --�T
State statues,rules and regulations.
13.The Applicant shall request a final inspection within ninety(90)days after completion of
each and every large project funded under this Agreement, or within ninety (90)days after
the expiration of the time limit established for each project under Paragraph 12 above,
whichever occurs first. Applicant shall present all supporting documentation to State andlor
Federal inspectors at the time of final inspection, The State,as Grantee,reserves the right
to conduct a final inspection of any large project after expiration of the ninety-(90) day
period and to reimburse Applicant only for costs documented at the time of final
inspection.
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14.The Applicant shall comply with all applicable Federal and State statutes, rules and
regulations for publicly financed or assisted contracts including, but not limited to,non-
discrimination, labor standard, and access by the physically handicapped.
15.The Applicant's Designated Agent shall execute and comply with the Lobbying Prohibition
document incorporated herein as Attachment A.
16.The Applicant's Designated Agent shall execute and comply with the Statement of
Assurances(SF 424D) document incorporated herein as Attachment B.
17.The Applicant shall not enter into cost plus-percentage-of-cost contracts for debris removal,
emergency protective measures,or completion of disaster restoration or repair work.
18.The Applicant shall not enter into contracts for which payment is contingent upon receipt of
State or Federal funds.
19.The Applicant shall not enter into any contract with any entity that is debarred or suspended
from participation in Federal Assistance. The State and/or FEMA will not be under any
obligation to reimburse Applicant for payments made to a debarred or suspended contractor.
Applicant may search for debarred or suspended contractors on the"Excluded Parties List
System"(EPLS)at the following website: www.sam, og_y.
20.The Applicant shall comply with the provisions of 42 U.S.C. 35155 (Section 312 of the
Stafford Act)which prohibits duplication of benefits. Applicant shall notify State
immediately if any other source of funds is available to offset disaster assistance provided
pursuant to this Agreement, Applicant agrees that eligible costs under this Agreement will
be reduced by duplicate benefits received from any other source.
21. The Applicant shall comply with all uniform grant administration requirements required by
State and Federal statutes,rules and regulations,including but not limited to,the Robert T.
Stafford Disaster Relief and Emergency assistance Act,Public Law 93-288,as amended,
Title 44 of the Code of Federal Regulations, applicable OMB Circulars,and policy guidance
issued by the Federal Emergency Management Agency(FEMA).
—22.If th�Applicarit��tr tc s, �bconttae ors co su at�ts�vitlt-fiands provided-tftirgh
this Agreement then the Applicant shall include language in all contracts that binds the
contractor,subcontractor or consultant to the terms and conditions of this Agreement with the
State. Contractual arrangements with contractors, subcontractors or consultants shall in no
way relieve the Applicant of its responsibilities to ensure that all fiends provided through this
Agreement are administered in accordance with all State and Federal requirements,
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FOR THE APPLICANT:
BY:
Date Signature
66-6000327
Applicant's Federal Tax I.U. Typed Name
Number(required)
Title
FOR THE STATE:
BY:
Date Signature
Typed Name
TWO
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ATTACHIINT A
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 Congress,an-officer or employee of Congress,or ail 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,sub-grants,
and contracts under grants, loans,and cooperative agreements)and that all recipients
of funds under this Agreement shall certify and disclose accordingly.
This certification is a material representation 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 failure.
Name of Applicant
BY:
Signature of Applicant's Designated Agent
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ATTAU MENT R-1
OMB Approval No.4348.0042
ASSURANCES-CONSTRUCTION PROGRAMS
Public reporting burden for Ihts collection of information is estimated to average 15 minutes per response,Including time for reviewing instructions,
searching existing data sources,gathering and maintaining the data needed,and completing and revievAng the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of Information,including suggestions for reducing this burden,to the
Office of Management and Budget,Papervrork Reduction Project(0348.0042),Washington DC 20503
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS
PROVIDED BY THE SPONSORING AGENCY
NOTE:Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the
Awarding Agency. Further,certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. if such is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. W1 comply with the lntergovernmentai Personnel Act of
and the institutional, managerial and financial capability 1970 (42 U.S.C. 3x4728-2763) relating to prescribed
(including funds sufficient to pay the non-Federal share standards for merit systems for programs funded under
of the project costs) to ensure proper planning, one of the 19 statutes or regulations specified in
management and completion of the project described in Appendix A of OPM's Standards for a Merit System of
this application Personnel Administration(5 C.F.R.900,Subpart F).
2. Will give the awarding agency, the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate, the State, Prevention Act(42 U.S.C.334801 et seq.)which prohibits
through any authorized representative,access to and the the use of lead-based paint in construction or
right to examine all records, books, papers, or rehabilitation of residence structures.
documents related to the assistance; and will establish a
proper accounting system in accordance with generally 10. Will comply with all Federal statures relating to non-
accepted accounting standards or agency directives, discrimination. These Include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race, color
terms of the real property title,or other interest in the site or national origin; (b) Title IX of the Education
and facilities without permission and instructions from the Amendments of 1972, as amended (20 U.S.C. 331681
awarding agency.Will record the Federal interest in the 1683, and 1685-1686), which prohibits discrimination on
title of real properly in accordance with awarding agency the basis of sex;(c)Section 504 of the Rehabilitation Act
directives and will include a covenant In the title of real of 1973,.as amended(29 U.S.C. 3 794),which prohibits
property acquired in whole or In part with Federal discrimination on the basis of handicaps; (d) the Age
assistance funds to assure non-discrlmloatlon during the Discrimination Act of 1975, as amended (42 U.S.C. a3
useful life of the project, 6101-6107), which prohibits discrimination on the basis
of age; (e) the Drug Abuse Office and Treatment Act of
4. Will comply by the requirements of the assistance 1972 (P.L. 92-255), as amended, relating to
awarding agency with regard to the drafting, review and nondiscrimination on the basis of drug abuse; (f) the
---- approval of construction plans and specifications. Compreliensive—Alcohol--Abuse---and----Alcoholism---- -
5. Will provide and maintain competent and adequate Prevention, Treatment and Rehabilitation Act of 1970
p p q (P.L.91-616),as amended relating to nondiscrimination
engineering supervision at the construction site to ensure ion the basis of alcohol abuse or alcoholism; (g) 33523
that the complete work conforms with the approved plans and 527 of the Public Health Service Act of 1912 (42
and specifications and will furnish progress reports and U.S.C.a3290 dd-3 and 290 ee 3),as amended relating to
such other information as may be required by the confidentiality of alcohol and drug abuse patient records;
assistance awarding agency or State. (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.G.
6. Will Initiate and complete the work within the applicable 333601 et seq.), as amended relating to
time frame after receipt of approval of the awarding nondiscrimination in the sale, rental, or financing of
agency,
housing;(1)any other nondisedmina(lon provisions in the
specific statute(e) under which application for Federal
7. Will establish safeguards to prohibit employees from assistance is being made; and, 0) the requirements of
using their positions for a purpose that constitutes or any other nondiscrimination statute(s)which may apply
presents the appearance of personal or organizational to the application.
conflict of Interest,or personal gain.
Authorized for Local Reproduction Standard Form 424D(Rev.7.07)
Previous Edition Usable Page 6 of 7 Prescribed by OMB A-1 02
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ATTACHMENT B-Z
11. Wiif comply, or has already compiled, with the floodpiains in accordance with EO 11$88; (e) assurance
requirements of Titles Il and III of the Uniform Relocation of project consistency with the approved State
Assistance and Real Property Acquisition Policies Act,of management program developed under the Coastal Zone
1970 (P.L. 91-646) which provide for fair and equitable Management Act of 1972 (16 U.S.C. x31451 et seq.); (f)
treatment of persons displaced or whose property is conformity of Federal actions to State (Clean Air)
acquired as a result of Federal and federally-assisted Implementation Plans under Section 176(c) of the Clean
programs. These requirements apply to all Interests in Air Act of 1955, as amended (42 U.S.C. 337401 et seq);
real property acquired for project purposes regardless of (g) protection of under ground sources of drinking water
Federal participation in purchases, under the Safe Drinking Water Act of 1974, as amended
(P.L. 93-523); and, (h) protection of endangered species
12. Will comply with the provisions of the Hatch Act(5 U.S.C. under the Endangered Species Act of 1973, as amended
3x1501-1508 and 7324-7328) which limit the political (P.L.03-205).
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds. 16. Will comply with the Wild and Scenic Rivers Act of 19613
(16 U.S.C. 331271 et seq.) related to protecting
13. Will comply, as applicable, with the provisions of the components or potential components of the national wild
Davis-Bacon Act (40 U.S. C. 33276a to 276a-7), the and sconic livers system,.
Copeland Act(40 U.S.C. 276c and 18 U.S.G. 3874), and
the Contract Work. Flours and Safety Standards Act (40 17. Will assist the awarding agency in assuring compliance -
U.S.C.33327-333)regarding labor standards for federally- with Section 106 of the National Historic Preservation Act
assisted construction subagreements. of 1966, as amended (16 U.S.C. 3470), EO 11593
(Identification and protection of historic properties), and
14. Will comply with flood Insurance purchase requirements of the Archaeological and Historic Preservation Act of 1974
Section 102(a) of the Flood Disaster Protection Act of (16 U.S.C.3a469a-1 et seq.).
1973 (P.L.93-234) which requires recipients In a special
flood hazard area to participate in the program and to 18. Will cause to. be performed the required financial and
purchase flood insurance if the total cost of insurable compliance audits In accordance with the Singla Audit Act
construction and acquisition is$$10,000 or more. Amendments of 1996 and OMB Circular No. A-133,
`Audits of States, Local Governments, and Non-P€ofit
15. Wilt comply with environmental standards which may be Organizations."
prescribed pursuant to the following: (a) Institution of
environmental quality control measures under the National 19. Will comply with all applicable requirements of all other
Environmental Policy Act of 1969 (P.L. 91-190) and Federal laws, executive orders, regulations, and policies
Executive Order (EO) 11514: (b) notification of violating governing this program.
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
SIG14ATUREOF AUTHORIZED CERTIFYING OFFfcrAL TITLE
APPLICANT ORGANIZATION DATE SUBMTED
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