HomeMy WebLinkAboutAgenda - 11-05-2003-8iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 5, 2003
Action Agenda
Item No. $-I
SUBJECT• FEMA Designation of Applicant's Agent and Disaster Relief Agreement
DEPARTMENT: Finance PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution
Disaster Relief Agreement
INFORMATION CONTACT:
Ken Chavious, ext 2453
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider adoption of resolution and approval of an agreement required by the
Federal Emergency Management Agency (FEMA) and the State for the processing of
reimbursements to the County for expenses associated with Hurricane Isabel.
BACKGROUND: County staff attended a meeting recently with State and FEMA officials
related to obtaining reimbursements for expenditures related to Hurricane Isabel. Similar to the
previous experiences with Hurricanes Fran, Floyd, and 2002 Ice storm, the County qualifies to
receive disaster relief funds from FEMA and the State. In order to receive reimbursements, the
County is required to designate an agent to act on it's behalf in matters related to expenditure
and receipt of the disaster relief funds. In addition, the County is required to execute a State
Disaster Assistance Agreement. Both the resolution and the agreement are standard
documents provided by FEMA and the State. The Finance Director acted as the primary agent
for the County for these purposes during the previous disasters and Nick Waters, Emergency
Management Director, served as secondary agent.
FINANCIAL IMPACT: County expenses associated with Hurricane Isabel are expected to be
minimal. The majority of these expenses are associated with overtime costs in EMS and costs
associated with operating generators. Preliminary indications are that reimbursements from
FEMA will be in the $15,000 to $25,000 range.
RECOMMENDATION(S): The Manager recommends that the Board adopt the resolution
designating the Finance Director as the County's Agent, approve the agreement, and authorize
the Chair and the Clerk to execute the documents.
RESOLUTION
DESIGNATION OF APPLICANT'S AGENT
North Carolina Division of Emer enc Mana ement
Organization Name (hereafter named Organization) Disaster Number: 1490
Orange County
Applicant's State Cognizant Agency for Single Audit purposes (If Cognizant Agency is not assigned, please indicate):
Health and Human Services
Applicant's Fiscal Year (FY) Start
Month: Da
Applicant's Federal Employer's Identification Number
56 - 6000327
Applicant's Federal Information Processing Standards (FIPS) Number
-NA-
PRIMARY AGENT SECONDARY AGENT
Agent's Name
Kenneth T. Chavious Agent's Name
Nick Waters
Organization y
Orange County Organizationrange County
Official Position
Finance Director Official Position
Emer enc M mt. Director
Mailin Address
p.~, Box 8181 Mailing Address
same)
Cit Sate, Zip
~li~lsborough, NC 27278 City ,State, Zip
(same)
Daytime Telephone Daytime Tele hone
9~9-245-3030
919-245-2453
Facsimile Number Facsimile Number
919-644-3324
Pager or Cellular Number Pager or Cellular Number
BE IT RESOLVED BY the governing body of the Organization (a public entity duly organized under the laws of the State of North Cazolina)
that the above-named Primary and Secondary Agents are hereby authorized to execute and file applications for federal and/or state assistance on
d federal financial assistance under the Robert T. Stafford Disaster Relief
t
t
i
e an
a
n s
behalf of the Organization for the purpose of obtaining certa
(Public Law 93-288 as amended) or as otherwise available. BE ]T FURTHER RESOLVED that the above-named
sistance Act
A
& E
,
s
mergency
ents are authorized to represent and act for the Organization in all dealings with the State of North Carolina and the Federal Emergency
a
g
Management Agency for all matters pertaining to such disaster assistance required by the grant agreements and the assurances printed on the
D
reverse side hereof. BE IT FINALLY RESOLVED THAT the above-named agents aze authorized to act severally. PASSED AN
APPROVED this da 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
c:lt;x i ><r i~A i ivi~
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 (Organization) on the day of
20_
a
Date• Signature:
Rev. 06/02
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North Carolina Department of Crime Control and Publ>IC a e y
Division of Emergency Management
APPLICANT: Orange Couniry DISASTER:
STATE -APPLICANT DISASTER ASSISTANCE AGREEMENT
This Agreement made by and between the State of North Carolina, Dept. of Crime Control and Public Safety,
Division of Emergency Management ("the State") and Orange County
("the Applicant") shalt be effective on the dale 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 Isabel ,and pursuant to the Disaster Declaration made by the
President of the United States numbered FEMA - 1490 - 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 funds are provided and as
approved by [he 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 for only 75%
of the approved Federal share of estimated eligible costs.
5. The Applicant shall provide the following completed documentation to the State:
• Designation of Applicant's Agent;
• State-Applicant Disaster Assistance Agreement
• Private Non-Profit Organization Certification (if required);
• Summary of Documentation Form itemizing actual costs expended for large project payment
requests;
• Monthly Progress Reports;
• Copies of Single Audi[ Reports as applicable.
If the Applicant fails to provide any of the above documentation, the State will be under 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, 3 i U.S.C. 37501 et. se ., 44 C.F.R. Part t4, OMB Circular A-133, "Audits of States, Local
Governments and Non-profit Organizations," and applicable North Carolina laws, rules and regulations.
Hurricane Isabel
FEMA- 1490 -DR-NC
3
Pave t of 7 Rev.•0610
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 10`s day of the first month
following initiation of the project and subsequent Progress Reports will be due on the 10`" day of each and every
month thereafter until project completion. Forms and reporting requiremenu will be provided by the
Governor's Authorized Representative.
8. The Applicant, its employees grid agents, including consultants, contractors and subcontractors [o be paid with
funds 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 by the Governor's
Authorized Representative and in accordance with applicable Federal and 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 and/or 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.
14. The Applicant shall comply with all applicable Federal and State statutes, rules and regulations for publicly
fina;lced 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 Slate 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 at the following website: http://epls.arnet.gov/epUowa/epis.search_menu.
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.
0o.,4.ur.rl ?l8/02 Pale 2 of 7 Rcv. 06/O1
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, [he 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 the Applicant pays contractors, subcontractors or consultants with funds provided through 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 Stale. Contractual arrangements with contractors,
subcontractors or consultants•shall in no way relieve the Applicant of its responsibilities to ensure that all funds
provided through this~Agreement are administered in accordance with all Slate and Federal requirements.
., _..._.....a ~iQm~ Paor 3 of 7 Rev. 06/01
Date
Applicant's Federal Tax I.D.
Number (required)
FOR THE APPLICANT:
BY:
Signature
Kenneth T. Chavious
Typed Name
Finance Director
Date
Title
FOR THE STATE:
BY:
Signature
Typed Name
Title
a~v;rwed 218/02 Page 4 of 7 Rev. 06/01
ATTACHMENT 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„ [he 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 gf any agency, a Member of Congress,
an officer or employee of Congress, or an 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, subgrants, 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 persons 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
Rev. OG/0
ATTACHMENT B-1
ASSURANCES-CONSTRUCTION PROGRAMS
OM8 Approval No. 0348-0042
Public reporting burden for this 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 reviewing 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, Paperwork Reduction Project (0346-0042), 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. Will comply with the Intergovernmental Personnel Act of
and the institutional, managerial and financial capability 1970 (42'"-U.S.C. 334728-2763) 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
of the United States and, if appropriate, the State,
through any authorized representative, access to and 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.
3. Will not dispose of, modify the use of, or change the
terms of the real property title, or other interest in the site
and facilities without permission and instructions from the
awarding agency. Will record the Federal interest in the
title of real property in accordance with awarding agency
directives and will include a covenant in the title of real
properly acquired in whole or in part with Federal
assistance funds to assure non-discrimination during the
. useful life of the project.
4. Will comply by the requirements of the assistance
awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
5. Wilf provide and maintain competent and adequate
engineering supervision at the construction site to ensure
that the complete work conforms with the approved plans
and specifications and will furnish progress reports and
such other information as may be required by the
assistance awarding agency or State.
6. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
7. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
9. Wi11 comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 3x4801 et seq.) which prohibits
the use of lead-based paint in construction or
rehabilitation of residence structures.
10. Will comply with all Federal statures relating to non-
discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. x31681
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. 3 794), which prohibits
discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 33
6101-6107), which prohibits discrimination on the basis
of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcoho{ Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 9i-616), as amended relating to nondiscrimination
on the basis of a[coho[ abuse or alcoholism; (g) 33523
and 527 of the Public Health Service Act of 1912 (42
U.S.C. 33290 dd-3 and 290 ee 3), as amended relating to
confidentiality of alcohol and drug abuse patient records;
(h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
333601 et seq.), as amended relating to
nondiscrimination in the sale, rental, or financing of
housing ; (I;l any other nondiscrimination provisions in the
specific statute(s) under which application for Federal
assistance is being made; and, (j) the requirements of
any other nondiscrimination statute(s) which may apply
to the application.
Authorized for local Reproduction Standard Form a24D (Rev. 7-97)
Drovirn,s Edition Usable Pagc 6 of 7 Prescribed by OMB A-102
ATTACHMENT B-2
1 i Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) which provide' for fair and equitable
treatment of persons displaced or- whose property is
acquired as a result of Federal and federally-assisted
programs. These requirements apply to all interests in
real property acquired for project purposes regardless of
Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C.
331501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the
Davis-Bacon Act (40 U.S. C. 33276a to 276a-7), the
Copeland Act (40 U.S.C. 276c and 18 U.S.C. 3874), and
the Contract Work Hours and Safety Standards Act (40
U.S.C. 33327-333) regarding labor standards for federally-
assisted construction subagreements.
14. Will comply with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L.93-234) which requires recipients in a special
flood hazard area to participate in the program and to
purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514: (b) notification of violating
facilities Pursuant to EO 11738; (c) protection of wetlands
pursuant to EO i 1990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance
of project consistency with the approved State
management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. 331451 et seq.); (f)
conformity of Federal actions to State (Clean Air)
Implementation Pfans under Section 176(c} of the Clean
Air Act of 1955, as amended (42 U.S.C. 337401 et seq.);
(g) protection of under ground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended
(P.L. 93-523); and, (h) protection of endangered species
under the Endangered Species Act of 1973, as amended
(P.L. 93-205).
16. Will comply with the. Wild and Scenic Rivers Act of 1968
(i 6 U.S.C. :331271 et seq.} related to protecting
components or potential components of the national wild
and scenic rivers system.
17. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation Act
of 1966, as amended (16.U.S.C. 3470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974
(16 U.S.C. 33469a-1 et seq.).
18. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit Act
Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations.°
19. Will comply with all applicable requirements of all other
Federal laws„ executive orders, regulations, and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL I TITLE
APPLICANT ORGANIZATION
DATE SUBMITTED
Reviewed 2/8/02 Page 7 of 7 SF• 4240 (Rev. 7-97) Page 2