HomeMy WebLinkAboutAgenda - 09-15-20; 8-d - Designation of Orange County Agent for FEMA Public Assistance
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 15, 2020
Action Agenda
Item No. 8-d
SUBJECT: Designation of Orange County Agent for FEMA Public Assistance
DEPARTMENT: Emergency Services & Finance
and Administrative Services
ATTACHMENT(S):
Resolution - Designation of Applicant’s
Agent
INFORMATION CONTACT:
Pascal Moore, 919-245-2455
Sarah Pickhardt, 919-245-6138
Gary Donaldson, 919-245-2453
Dinah Jeffries, 919-245-6123
PURPOSE: To approve a resolution designating an agent for Orange County’s application for
the Federal Emergency Management Agency’s (FEMA) Public Assistance for the recovery
related to COVID-19, affecting Orange County’s entire community since March 2020 with
expected impacts to continue for years out.
BACKGROUND: Orange County has been and continues to be greatly impacted by the
complex multifaceted effects of COVID-19. Unlike most disasters, COVID-19 knows no
boundaries. Not only is COVID-19 a health crisis that is causing loss of life, spreading human
suffering, and upending lives within the community, but it is an economic and social crisis as
well. Because of COVID-19, the Orange County Emergency Operations Center was activated
on March 9, 2020 and remains activated requiring staffing by County personnel and partnering
agencies.
On March 10, 2020, Governor Roy Cooper issued Executive Order 116, declaring a State of
Emergency to coordinate response and protective actions to prevent the spread of COVID-19.
On March 13, 2020, Orange County declared a State of Emergency mobilizing the Orange
County Health and Emergency Services departments to organize an Incident Management
Team to manage the public health impacts of COVID-19. First responders and health care
professionals and resources such as personal protective equipment remain integral to mitigate
the threat posed by COVID-19 on the community.
Orange County has completed the Request for Public Assistance (RPA) and the State –
Applicant Disaster Assistance Agreement. As part of the process, the County must adopt a
resolution designating an agent to apply for and receive federal assistance.
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FINANCIAL IMPACT: The estimated cost to the County related to COVID-19 response and
recovery is in excess of $3,300,000. Receiving funding from FEMA’s Public Assistance Agency
would assist in the recovery of the costs associated with COVID-19.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
COVID-19 affects all segments of the population and is particularly detrimental to members of
those social groups in the most vulnerable situations, continues to affect populations, including
people living in poverty situations, older persons, persons with disabilities, youth, and
indigenous people. Early evidence indicates that the health and economic impact of the virus
are being endured disproportionately by persons with lower income. People without access to
shelter, running water, refugees, migrants, or displaced persons also stand to suffer
disproportionately both from the pandemic and its aftermath- whether due to limited movement,
fewer employment opportunities, or increased xenophobia.
If not properly addressed the crisis created by the COVID-19 pandemic may also increase
inequality, exclusion, discrimination and unemployment in the medium and long term.
ENVIRONMENTAL IMPACT: There is no Orange County Responsibility Goal impact
associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board approve the attached
resolution with the designation of Pascal Moore (primary agent) and Sarah Pickhardt (secondary
agent) for federal assistance, and authorize the Chair to sign and the Deputy Clerk to Board of
Commissioners to sign as the Certifying Official.
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4/7/2020 North Carolina Division of Emergency Management - Designation of Applicant’s Agent Page 1 of 2
DESIGNATION OF APPLICANT'S AGENT
AND APPLICANT ASSURANCES
FOR PUBLIC ASSISTANCE
ORGANIZATION NAME (HEREAFTER NAMED ORGANIZATION)
PRIMARY AGENT SECONDARY AGENT
AGENT’S NAME AGENT’S NAME
ORGANIZATION ORGANIZATION
OFFICIAL POSITION OFFICIAL POSITION
MAILING ADDRESS MAILING ADDRESS
CITY ,STATE, ZIP CITY ,STATE, ZIP
DAYTIME TELEPHONE DAYTIME TELEPHONE
FACSIMILE NUMBER FACSIMILE NUMBER
PAGER OR CELLULAR NUMBER PAGER OR CELLULAR NUMBER
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CHIEF FINANCIAL OFFICER CERTIFYING OFFICIAL
NAME OFFICIAL’S NAME
ORGANIZATION ORGANIZATION
OFFICIAL POSITION OFFICIAL POSITION
MAILING ADDRESS MAILING ADDRESS
CITY ,STATE, ZIP CITY ,STATE, ZIP
DAYTIME TELEPHONE DAYTIME TELEPHONE
FACSIMILE NUMBER FACSIMILE NUMBER
PAGER OR CELLULAR NUMBER PAGER OR CELLULAR NUMBER
APPLICANT'S STATE COGNIZANT AGENCY FOR SINGLE AUDIT PURPOSES (IF A COGNIZANT AGENCY IS NOT ASSIGNED, PLEASE INDICATE):
APPLICANT'S FISCAL YEAR (FY) START
MONTH: DAY:
APPLICANT'S FEDERAL EMPLOYER'S IDENTIFICATION NUMBER
-
APPLICANT'S STATE PAYEE IDENTIFICATION NUMBER
- -
CERTIFYING OFFICIAL’S SIGNATURE
Orange County
Pascal Moore Sarah Pickhardt
Finance and Administrative Services Emergency Services
Accountant EOC Manager COVID-19
405 Meadowlands Dr 510 Meadowlands Dr
Hillsborough, NC 27278 Hillsborough, NC 27278
919-245-2455 919-245-6138
David Hunt
Board of County Commisioners
Deputy Clerk to the Board
919-245-2126
56-600327
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4/7/2020 North Carolina Division of Emergency Management -Designation of Applicant’s Agent Page 2 of 2
APPLICANT ASSURANCES
The applicant hereby assures and certifies that he will comply with the FEMA regulations, policies, guidelines and requirements including OMB's Circulars No.
A-95 and A-102, and FMC 74-4, as they relate to the application, acceptance and use of Federal funds for this Federally-assisted project. Also, the Applicant gives
assuranceand certifies with respect to and as a condition for the grant that:
1. It possesses legal authority to apply for the grant, and to finance and construct
the proposed facilities; that it is duly authorized pursuant to appropriate
applicant authority and/or a resolution, motion or similar action has been duly
adopted or passed as an official act of the applicant’s governing body and that
the agents and officials designated herein are duly authorized under North
Carolina law to act on behalf of the organization in all dealings with the State
of North Carolina and the Federal Emergency Management Agency for all
matters pertaining to the disaster assistance required by the agreements and
assurances contained herein.
2. It will comply with the provisions of: Executive Order 11988, relating to
Floodplain Management and Executive Order 12148, relating to Protection of
Wetlands.
3. It will have sufficient funds available to meet the non-Federal share of the
cost for construction projects. Sufficient funds will be available when
construction is completed to assure effective operation and maintenance of the
facility for the purpose constructed.
4. It will not enter into a construction contract(s) for the project or undertake
other activities until the conditions of the grant program(s)have been met.
5. It will provide and maintain competent and adequate architectural engineering
supervision and inspection at the construction site to insure that the completed
work conforms with the approved plans and specifications; that it will furnish
progress reports and such other information as the Federal grantor agency may
need.
6. It will operate and maintain the facility in accordance with the minimum
standards as may be required or prescribed by the applicable Federal, State and
local agencies for the maintenanceand operation of such facilities.
7. It will give the awarding agency, the Comptroller General of the United States
and, if appropriate, the State, the right to examine all records, books, papers, or
documents related to the assistance; and will establish a proper accounting
system in accordance with generally accepted accounting standards or agency
directives.
8. It will require the facility to be designed to comply with the "American
Standard Specifications for Making Buildings and Facilities Accessibleto, and
Usable by the Physically Handicapped," Number A117.1-1961, as modified
(41 CFR 101-17-7031). The applicant will be responsible for conducting
inspections to ensure compliance with these specifications by the contractor.
9. It will cause work on the project to be commenced within a reasonable time
after receipt of notification from the approving Federal agency that funds
have been approved and will see that work on the project will be prosecuted to
completion with reasonablediligence.
10. It will not dispose of or encumber its title or other interests in the siteand
facilities during the period of Federal interest or while the Governmentholds
bonds, whicheveris the longer.
11. It agrees to comply with Section 311, P.L. 93-288 and with Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of
the Act, no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or activity for
which the applicant receives Federal financial assistance and will immediately
take any measures necessary to effectuate this agreement. If any real property
or structure is provided or improved with the aid of Federal financial
assistance extended to the Applicant, this assurance shall obligate the
Applicant, or in the case of any transfer of such property, any transferee, for
the period during which the real property or structure is used for a purpose
for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits.
12. It will establish safeguards to prohibit employees from using their positions
for a purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have
family, business, or other ties.
13. It will comply with the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.91-
646) which provides for fair and equitable treatment of persons displaced as a
result of Federal and Federallyassisted programs.
14. It will comply with all requirements imposed by the Federal grantor agency
concerning special requirements of law, program requirements, and other
administrative requirements approved in accordance with OMB Circular A-
102, P.L. 93-288 as amended,and applicableFederal Regulations.
15. It will comply with the provisions of the Hatch Act, as amended, 5 USC 1501
et. seq. and 7324 et. seq., which limit the political activityof employees.
16. It will comply with the minimum wage and maximum hours provisions of
the Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., as they
apply to hospital and educational institution employees of State and local
governments.
17. (To the best of his knowledge and belief) the disaster relief work described
on each Federal Emergency Management Agency (FEMA) Project
Application for which Federal Financial assistance is requested is eligible in
accordance with the criteria contained in 44 Code of Federal Regulations,
Part 206, and applicable FEMA Handbooks.
18. The emergency or disaster relief work therein described for which Federal
Assistance is requested hereunder does not or will not duplicate benefits
received for the same loss from another source.
19. It will (1) provide without cost to the United States all lands, easements and
rights-of-waynecessary for accomplishments of the approved work; (2) hold
and save the United States free from damages due to the approved work or
Federal funding.
20. This assurance is given in consideration of and for the purpose of obtaining
any and all Federal grants, loans, reimbursements, advances, contracts,
property, discounts of other Federal financial assistance extended afterthe
date hereof to the Applicant by FEMA, that such Federal Financial assistance
will be extended in reliance on the representationsand agreements made in this
assurance and that the United States shall have the right to seek judicial
enforcement of this assurance. This assurance is binding on the applicant, its
successors, transferees, and assignees, and the person or personswhose
signatures appear on the reverse as authorized to sign this assurance on
behalf of the applicant.
21. It will comply with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87
Stat. 975, approved December 31, 1973, as amended, 42 U.S.C. 40001 et.
seq.. Further, Sections 102and 103 (42 U.S.C. 4012a and 4015) required, on
and after March 2, 1975, the purchase of flood insurance in communities
where such insurance is available as a condition for the receipt of any Federal
financialassistance for construction or acquisition purposes for use inany area
that has been identified by the Director, Federal Emergency Management
Agency as an area having special flood hazards. The phrase "Federal
financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form
of direct or indirect Federal assistance.
22. It will comply with the insurance requirements of Section 314, PL 93-288, to
obtain and maintain any other insurance as may be reasonable, adequate, and
necessary to protect against further loss to any property which was replaced,
restored, repaired, or constructed with this assistance.
23. It will defer funding of any projects involving flexible funding until FEMA
makes a favorable environmentalclearance, if this is required.
24. It will assist the Federal grantor agency in its compliance with Section106
of the National Historic Preservation Act of 1966, as amended, 54 U.S.C.
306108 (former 16 U.S.C. 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 or 1974, 54 U.S.C.
312501 et. seq. (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State
Historic Preservation Officer on the conduct of investigations, as necessary,
to identify properties listed in or eligible for inclusion in the National Register
of Historic places that are subject to adverse effects (see 36 CFR Part 800.8)
by the activity, and notifying the Federal grantor agency of the existence of
any such properties, and by (b) complying with all requirements established
by the Federal grantor agency to avoid or mitigate adverse effects upon such
properties.
25. It will, for any repairs or construction financed herewith, comply with
applicable standards of safety, decency and sanitation and in conformitywith
applicable codes, specifications and standards; and, will evaluate the natural
hazards in areas in which the proceeds of the grant or loan are to be usedand
take appropriate action to mitigate such hazards, including safe land useand
constructionpractices.
STATE ASSURANCES
The State agrees to take any necessary action within State capabilities to require
compliance with these assurances and agreements by the applicant or to assume
responsibility to the Federal government for any deficiencies not resolved to the
satisfaction of the RegionalDirector.
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