HomeMy WebLinkAboutRES-2020-055 Designation of Applicants Agent and Applicant Assurances for Public Assistance RES - 202M55
DESIGNATION OF APPLICANT ' S AGENT
AND APPLICANT ASSURANCES
FOR PUBLIC ASSISTANCE
ORGANIZATION NAME (HEREAFTER NAMED ORGANIZATION)
Orange County
PRIMARY AGENT SECONDARY AGENT
FAGENYT ' S NAME 71 AGENT ' S NAME
Pascal Moore Sarah Pickhardt
ORGANIZATION ORGANIZATION
Finance and Administrative Services Emergency Services
OFFICIAL POSITION OFFICIAL POSITION
Accountant EOC Manager COVID - 19
MAILINGADDREsS405 Meadowlands Dr MAILINGADDRESS510 Meadowlands Dr
CITY , STATE, Zip Hillsborough , NC 27278 CITY ' STATE, ZIP Hillsborough , NC 27278
DAYTIME TELEPHONE 919 -245 -2455 DAYTIME TELEPHONE 919 -245 -6138
FACSIMILE NUMBER FACSIMILE NUMBER
PAGER OR CELLULARNUMBER PAGER OR CELLULAR NUMBER
THE ABOVE PRIMARY AND SECONDARY AGENTS ARE HEREBY AUTHORIZED TO EXECUTE AND FILE APPLICATION FOR
PUBLIC 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 93 -288 AS AMENDED) OR OTHERWISE AVAILABLE. THIS AGENT IS AUTHORIZED TO REPRESENT AND ACT FOR THE
ORGANIZATION IN ALL DEALINGS WITH THE STATE OF NORTH CAROLINA AND THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FOR MATTERS PERTAINING TO SUCH DISASTER ASSISTANCE REQUIRED BY THE AGREEMENTS AND ASSURANCES
rmED ON THE SECOND ATTACHED PAGE.
CHIEF FINANCIAL OFFICER CERTIFYING OFFICIAL
7 FOFFICiAL' SNANIE
David Hunt
ORGANIZATION ORGANIZATION
Board of County Commisioners
OFFICIAL POSITION OFFICIAL POSITION Deputy Clerk to the Board
MAILING ADDRESS FMAtLINGDRESS
CITY STATE, ZIP , ZIP
DAYTIME TELEPHONE DAYTIME TELEPHONE
919 -245 -2126
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 3 r
� �IVYt/YL.JI
APPLICANT' S STATE PAYEE IDENTIFICATION NUMBER `•'
CERTIFYING OFFICIAL ' S SIGNATURE
4/7/2020 North Carolina Division of Emergency Management - Designation of Applicant ' s Agent Page I 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 744 , 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:
1 . It possesses legal authority to apply for the grant, and to finance and construct 15 . It will comply with the provisions of the Hatch Act, as amended, 5 USC 1501
the proposed facilities ; that it is duly authorized pursuant to appropriate et. seq . and 7324 et. seq ., which limit the political activity of employees .
applicant authority and/or a resolution, motion or similar action has been duly 16. It mill comply with the minimum wage and maximum hours provisions of
adopted or passed as an official act of the applicant' s governing body and that the Federal Fair Labor Standards Act, 29 U . S . C . Section 201 et seq . , as they
the agents and officials designated herein are duly authorized under North apply to hospital and educational institution employees of State and local
Carolina law to act on behalf of the organization in all dealings with the State governments.
of North Carolina and the Federal Emergency Management Agency for all 17. (To the best of his knowledge and belief) the disaster relief work described
matters pertaining to the disaster assistance required by the agreements and on each Federal Emergency Management Agency (FEMA) Project
assurances contained herein . Application for which Federal Financial assistance is requested is eligible in
2 . It will comply with the provisions of., Executive Order 11988 , relating to accordance with the criteria contained in 44 Code of Federal Regulations,
Floodplain Management and Executive Order 12148 , relating to Protection of Part 206, and applicable FEMA Handbooks .
Wetlands . 18 . The emergency or disaster relief work therein described for which Federal
3 . It will have sufficient funds available to meet the non-Federal share of the Assistance is requested hereunder does not or will not duplicate benefits
cost for construction projects. Sufficient funds will be available when received for the same loss from another source .
construction is completed to assure effective operation and maintenance of the 19 . It will ( 1 ) provide without cost to the United States all lands, easements and
facility for the purpose constructed , d rights-of--way necessary for accomplislunents of the approved work; (2) hold
4 . It will not enter into a construction contract(s) for the project or undertake cy and save the United States free from damages due to the approved work or
other activities until the conditions of the grant program(s) have been met. Federal funding.
20 . This assurance is given in consideration of and for the purpose of obtaining
5 . It mill provide and maintain competent and adequate architectural engineering any and all Federal grants, loans , reimbursements , advances, contracts,
supervision and inspection at the construction site to insure that the completed property, discounts of other Federal financial assistance extended after the
work conforms with the approved plans and specifications; that it will furnish date hereof to the Applicant by FEMA, that such Federal Financial assistance
progress reports and such other information as the Federal grantor agency may will be extended in reliance on the representations and agreements made in this
need. assurance and that the United States shall have the right to seek judicial
6 . It will operate and maintain the facility in accordance with the minimum enforcement of this assurance. This assurance is binding on the applicant, its
standards as may be required or prescribed by the applicable Federal , State and successors, transferees, and assignees, and the person or persons whose
local agencies for the maintenance and operation of such facilities. signatures appear on the reverse as authorized to sign this assurance on
7. It will give the awarding agency, the Comptroller General of the United States behalf of the applicant.
and, if appropriate, the State, the right to examine all records, books, papers, or 1 . It will comply with the flood insurance purchase requirements of Section
documents related to the assistance; and will establish a proper accounting 102(a) of the Flood Disaster Protection Act of 1973 , Public Law 93-234, 87
system in accordance with generally accepted accounting standards or agency Stat. 975, approved December 31 , 1973 , as amended, 42 U. S .C . 40001 et.
directives. 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
8 . It will require the facility to be designed to comply with the "American where such insurance is available as a condition for the receipt of any Federal
Standard Specifications for Making Buildings and Facilities Accessible to, and financial assistance for construction or acquisition purposes for use in any area
Usable by the Physically Handicapped, " Number At 17. 14961 , as modified that has been identified by the Director, Federal Emergency Management
(41 CFR 1 0 1 4 7-703 1 ) . The applicant will be responsible for conducting Agency as an area having special flood hazards . The phrase " Federal
inspections to ensure compliance with these specifications by the contractor. financial assistance" includes any form of loan, grant, guaranty, insurance
9 . It will cause work on the project to be commenced witliui a reasonable time payment, rebate, subsidy, disaster assistance loan or grant, or any other form
after receipt of notification from the approving Federal agency that funds of direct or indirect Federal assistance.
have been approved and will see that work on the project will be prosecuted to 22 . It will comply with the insurance requirements of Section 314, PL 93 -288 , to
completion with reasonable diligence. obtain and maintain any other insurance as may be reasonable, adequate, and
10 . It will not dispose of or encumber its title or other interests in the site and necessary to protect against further loss to any property which was replaced,
facilities during the period of Federal interest or while the Govermnent holds restored, repaired, or constructed with this assistance .
bonds, whichever is the longer_ 23 . It will defer funding of any projects involving flexible funding until FEMA
11 . It agrees to comply with Section 311 , P.L. 93 -288 and with Title VI of the makes a favorable environmental clearance, if this is required.
Civil Rights Act of 1964 (P. L. 88-352 ) and in accordance with Title VI of 24. It will assist the Federal grantor agency in its compliance with Section 106
the Act, no person in the United States shall, on the ground of race, color, or of the National Historic Preservation Act of 1966, as amended, 54 U . S . C .
national origin, be excluded from participation in, be denied the benefits of, or 306108 (former 16 U . S . C . 470), Executive Order 11593 , and the
be otherwise subjected to discrimination under any program or activity for Archeological and Historic Preservation Act of 1966 or 1974, 54 U. S .C .
which the applicant receives Federal financial assistance and will immediately 312501 et. seq . ( 16 U . S .C. 469a- 1 et seq. ) by (a) consulting with the State
take any measures necessary to effectuate this agreement. If any real property Historic Preservation Officer on the conduct of investigations, as necessary,
or structure is provided or improved with the aid of Federal financial to identify properties listed in or eligible for inclusion in the National Register
assistance extended to the Applicant, this assurance shall obligate the of Historic places that are subject to adverse effects (see 36 CFR Part 800 .8)
Applicant, or in the case of any transfer of such property, any transferee, for by the activity, and notifying the Federal grantor agency of the existence of
the period during which the real property or structure is used for a purpose any such properties, and by (b) complying with all requirements established
for which the Federal financial assistance is extended or for another purpose by the Federal grantor agency to avoid or mitigate adverse effects upon such
involving the provision of similar services or benefits. properties .
12 . It will establish safeguards to prohibit employees from using their positions 25. It will , for any repairs or construction financed herewith, comply with
for a purpose that is or gives the appearance of being motivated by a desire for applicable standards of safety, decency and sanitation and in conformity with
private gain for themselves or others, particularly those with whom they have applicable codes, specifications and standards, and, will evaluate the natural
family, business, or other ties . hazards in areas in which the proceeds of the grant or loan are to be used and
13 . It will comply with the requirements of Title II and Title III of the Uniform take appropriate action to mitigate such hazards, including safe land use and
construction practices .
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 STATE ASSURANCES
result of Federal and Federally assisted programs . The State agrees to take any necessary action within State capabilities to require
14 . It will comply with all requirements imposed by the Federal grantor agency compliance with these assurances and agreements by the applicant or to assume
concerning special requirements of law, program requirements, and other responsibility to the Federal government for any deficiencies not resolved to the
administrative requirements approved in accordance with OMB Circular A- satisfaction of the Regional Director,
102, P.L. 93 -288 as amended, and applicable Federal Regulations .
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