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HomeMy WebLinkAboutAgenda - 12-11-2018 8-g - Designation of Orange County Agent for FEMA Public Assistance 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 11, 2018 Action Agenda Item No. 8-g SUBJECT: Designation of Orange County Agent for FEMA Public Assistance DEPARTMENT: Emergency Services Financial Services ATTACHMENT(S): INFORMATION CONTACT: Resolution — Designation of Applicant's Kirby Saunders, 919-245-6135 Agent Paul Laughton, 919-245-2152 Gary Donaldson, 919-245-253 Dinah Jefferies, 919-245-6100 PURPOSE: To designate an agent for Orange County's application for FEMA's Public Assistance for the recovery related to Hurricane Florence, September 14-17, 2018. 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 (Disaster number: FEMA-4393-DR-NC). 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) and the State — Applicant Disaster Assistance Agreement. As part of the process, the 2 County must adopt a resolution designating an agent to apply for and receive federal assistance. 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 attached resolution with the designation of Paul Laughton (primary agent) and Kirby Saunders (secondary agent) for federal assistance, and authorize the Chair to sign and the Clerk to the Board of County Commissioners to sign as the Certifying Official. 3 RESOLUTION DESIGNATION OF APPLICANT'S AGENT North Carolina Division of EmeMency Mana ement Organization Name(hereafter named Organization) Disaster Number; Orange County,NC FEMA-4393DR-NC Applicant's State Cognizant Agency for Single Audit purposes(If Cognizant Agency is not assigned,please indicate): Applicant's Fiscal Year(FY)Start Month; July Dg. 1 Applicant's Federal Employers Identification Number 56 - 6000327 Applicant's Federal Information Processing Standards(FITS)Number. 037 - 135 - PRIMARY AGENT SECONDARY AGENT Agent's Name Paul Laughton Agent's Name Kirby Saunders Organization Orange County Organization Orange County Official Position Dep Finanical Services Director Official Position EM Coordinator Mailing Address 200 S. Cameron St. Mailing Address P.O. Box 8181 City,state,Zip Hillsborough, NC 27278 City,State,Zip Hillsborough, NC Daytime Telephone (919) 2452152 Daytime Telephone (919) 245-6135 Facsimile Number Facsimile Number Pager or Cellular Number Pager or Cellular Number BE IT RESOLVED BY the governing body of the Organization (a public entity duty organized under the laws of the State of North Carolina) that the above-named Primary and Secondary Agents are hereby authorized to execute and file applications for federal anTor state assistance on behalf of the Organization for the purpose of obtaining certain state and federal financial assistance under the Robert T.Stafford Disaster Relief &Emergency Assistance Act,(Public Law 43-288 as amended)or as otherwise available.BE rr FURTHER RESOLVED that the above-named agents are authorized to represent and act for the Organization in all dealings with the State of North Carolina and the Federal Emergency Management Agency for all matters pertaining to such disaster assistance required by the grant agreements and the assurances printed on the reverse side hereof. BE IT FINALLY RESOLVED THAT the above-named agents are authorized to act severally. PASSED AND APPROVED this day of 20 GOVERNING BODY CERTIFYING OFFICIAL Name and Title Name Donna Baker Name and Title Official Position Clerk to the Board - Name and Title Daytime Telephone (919) 245-2130 CERTIFICATION I Donna Baker ,(Name)duly appointed and Clerk to the Board (Title) of the Governing Body,do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Governing Body of oran9G c«,"ry t1-1a 4 turn -'1111 rs (Organization)on the s day of December ,2018. Date: Signature: Rev.06102 4 APPLICANTASSURANCES The applicant hereby assures and certifies that itwfil comply with the FEM4 regulations,policies,guidelines and requirements including OMB's Circulars No.A-95 and A-102,and FMC 74-4,as they relate to the application,acceptance and use of Federal funds for this Federally assisted project Also,the Applicant gives assurance and certifies with respect to and as a condition for the grant that 15.]twill comply with the provisions of the Hakim Act which limit the political 1-It possesses legal authority to apply for the grant,and to finance and construct the activity of employees. proposed facilities;that a resolution,motion or similar action has been duty adopted or passed as an official act of the applicants governing body,aol horWng the fling of the 16.It will comply nvdh the minimum wage and maximum hours provisions of the application,including all understandings and assurances contained therein,and directing Federal Far Labor Standards Act,as they apply to hospital and educational and authorizing the person Identified as the official representative of the applicant to act in institution employees of Stale and but governments. connection with the application and to provide such additional information as may be required. 17.(To the best of hisMer knowledge and belief)the disaster relsetwork described on 2.It will comply with the provisions of.Executive Order 11988,relating to Floodplain each Federal Emergency Management Agency(FEMA)Project Application for which Management and Executive Order 11990,relating to Protection of Wetlands. Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations,Part 206,and applicable FEMA 3.it MR have sufficient funds available to meet the non-Federal share of the cost for Handbooks. construction projects. Sufficient funds Y411 be available when construction is completed to assure effective opefatfon and maintenance of the fadiily for the purpose constructed. 18.The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefits 4.It WO not enter into a construction contract(s)for the project or undertake received for the same loss from another sou roe. other activities until the cord bons of the grant progfam(s)have been met 19.It will(1)provide without cost to the United States all lands,easements and 5.It will provide and maintain competent and adequate architectural engineering rights-cf-way necessary for accomplishments of the approved work;(2)hold and supervision and inspection at the construction site to insure that the completed save the United States free from damages due to the approved work of Federal funding. work conforms with the approved plans and specifications;that 4 wig furnish progress reports and such other information as the Federal grantor agency may need. 20.This assurance is given in consideration of and for the purpose of obtaining any and alt Federal grants,bans,reimbursements,advances,contracts,property, 6.(twill operate and maWan the facility in accordance with the minimum discounts of other Federal finandal assistance extended after the date hereof to the standards as may be required or prescribed by the applicable Federal,State Applicant by FEMA,thatsuch Federal Financial assistance will be extended in reliance and WI agencies for the maintenance and operation of such faaTities. on the representations and agreements made in this assurance and that the United States shall have the fight to seek judicial enforcement of this assurance. This 7.It A give the grantor agency and the Comptroller General,through any assurance is binding on the applicant,its successors,transferees,and assignees, authorized representative,access to and the right to examine all records, and the person or persons whose signatures appear on the reverse as authorized to books,papers,or documents related to the grant. sign this assurance on behalf of the applicant 8.It will require the facility to be designed to comply with the'American 21,it will comply with the flood insurance purchase requirements of Section 102(a)of Standard Specifications for Making Buildings and Facilities Accessible to, the Flood Disaster Protection Act of 1973,Public Law 93-234,87 Stat.975,approved and Usable by the Physically Handicapped,"Number At 17.1-1961,as modified December 31,1973. Section 102(a)requires,on and after March 2,1975,the purchase (41 CFR 101-17-7031). The applicantwill be responsible for conducting of flood insurance in communities where such insurance is available as a condition for inspections to insure conp5ance with these specifications by the contractor. the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Director,Federal Emergency 9.It will cause work on the project to be commenced within a reasonable time Management Agency as an area having special flood hazards. The phrase'Federal after receipt of notification from the approving Federal agency that funds financial assistance'includes any form of ban,grant,guaranty,insurance payment, have been approved and will see that work on the project will be prosecuted rebate,subsidy,disaster assistance ban or grant,or any other form of Bred or indirect to completion with rieasonable d3igence. Federal assistance. 10.It Will not dispose of or encumber its title or other interests in the site and 22.It will comply with the insurance requirements of Section 314,PL 93.288,to facilities during the period of Federal interest or while the Government holds obtain and maintain any other insurance as may be reasonable,adequate, bonds,whichever is the longer. and necessary to protect against further loss to any prop"which was replaced,restored,repaired,or constructed with this assistance. 11.It agrees to comply with Section 311,P.L 93-288 and with Title VI of the CM Rights Act of 1964(P.L.83-352)and in accordance with Title VI of the Act, 23.It will defer funding of any projects involving flexible funding untl FEMA no person in the United Slates shall,on the ground of race,color,or national makes a favorable environmental clearance,if this is required. origin,be excluded from participation in,be denied the benefits of,or be ofharwise subjected to d'iscriminalion under any program or activity for which the 24.Itwill assist the Federal grantor agency in its compliance with Section 106 of applicant receives Federal financial assistance and well immediately take any the National Historic Preservation Act of 1966,as amended,(16 U.S.C.470), measures necessary to effectuate this agreement if any feel properly or structure Executive Order 11593,and the Archeological and Historic Preservation Act of is provided or improved with the aid of Federal financial assistance extended to the i966(16 U.S.C.469a-1 et seq.)by(a)consulting with the State Historic Applicant,this assurance shall obligate the Applicant,or in the case of any transfer Preservation Officer on the conduct of investigations,as necessary,to identify of such property,any transferee,for the period during which the real property or properties Fsted in or eligible for inclusion in the National Register of Historic structure is used for a purpose for which the Federal financial assistance is extended places that are subject to adverse effects(see 36 CFR Part 800.8)by the activity, or for another purpose involving the provision of similar services or benefits. and notifying the Federal grantor agency of the existence of any such properties, and by(b)complying with all requirements established by the federal grantor agency 12.It will establish safeguards to prohibit employees from using their positions to avoid or mitigate adverse effects upon such properties. for a purpose that is or gives the appearance of being motivated by a desire W private On for themselves of others,particularly those with whom they have 25.It wits,for any repairs or construction financed herewith,comply with family,business,or other ties. applicable standards of safety,decency and sanitation and in conformity with applicable codes,specifications and standards;and,will evaluate tho 11 ltwill comply with the requirements of Title It and Title 111 of the Uniform natural hazards in areas in which the proceeds of the grant or loan are to be Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646) used and take appropriate action to mitigate such hazards,including safe which provides for fair and equitable treatment of persons displaced as a result of land use and construction practices. Federal and Federally assisted programs. STATE ASSURANCES 14.It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law,program requirements,and other The Stale agrees to take any necessary action within State capabilities to require administrative requirements approved in accordance with W13 Circular A-102, compliance with these assurances and agreements by the applicant or to assume P.L.93-288 as amended,and applicablo Federal Regulations. responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director.