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HomeMy WebLinkAboutAgenda - 03-07-2023; 8-h - Designation of Applicant’s Agent Update for Orange County Application for FEMA’s Hazard Mitigation Grant Program - Hurricane Florence 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 7, 2023 Action Agenda Item No. 8-h SUBJECT: Designation of Applicant's Agent Update for Orange County Application for FEMA's Hazard Mitigation Grant Program — Hurricane Florence DEPARTMENT: Emergency Services ATTACHMENT(S): INFORMATION CONTACT: UNC-Chapel Hill Letter of Request Sarah Pickhardt, 919-245-6135 Resolution - Designation of Applicant's Patrick Mallett, 919-245-2577 Agent Kirby Saunders, 919-245-6123 Cy Stober, 919-245-2592 Christopher Sandt, 919-245-2583 PURPOSE: To update the designation of an agent for Orange County's application for Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grants Program for repetitive loss property acquisition for property most recently suffering damage on September 14-17, 2018 during Hurricane Florence. BACKGROUND: On September 14-17, 2018, Orange County was significantly impacted by torrential rain and winds due to Hurricane Florence. As a result, significant flooding occurred over the course of several days. Orange County was included in the list of counties that received a major disaster declaration from FEMA on October 22, 2018. (Disaster number: 4393-DR-NC). Orange County has been awarded a grant for the two projects outlined below. Project #1 Despite emergency protective measures that were taken by the County, several residences were flooded due to the heavy and cumulative rainfall. Included in the properties that sustained damage from Hurricane Florence is 503 Brandywine Road, Chapel Hill, NC 27514. Flood waters surrounded the home while the family of five was inside. The flood waters then filled the lower level of the home and garage with an estimated one and a half feet of water. The entirety of the first level of the home and garage was destroyed along with the contents. A damage assessment of the home was completed, and it was concluded that there was approximately $87,000 in damage to the home and property caused by flooding during Hurricane Florence. This home/property at 503 Brandywine Road has flooded numerous times, causing damage resulting in costly repairs, which deems the property a severe repetitive loss. Project #2 Orange County has received a request from the University of North Carolina-Chapel Hill to serve as the sub-applicant on its behalf. UNC Chapel Hill is seeking grant funding to install an emergency powered generator to support its environmental health and safety efforts on Estes 2 Drive extension in Chapel Hill. This facility serves as its Emergency Operations Center. The total of this grant request is approximately $414,000. The request from UNC Chapel Hill is attached. The Board of County Commissioners approved these projects and approved the previous Designation of Applicant's Agent on October 15, 2019. Since then, personnel changes have occurred with Orange County which affect the currently designated primary and secondary agents for the project. As a part of the process, the County must adopt a resolution which updates the designated agent to receive project assistance from FEMA's Hazard Mitigation Grants Program and work to complete the two projects. FINANCIAL IMPACT: FEMA provides Hazard Mitigation Grants Program funding up to 75% of total project costs, with the remaining 25% coming from the applicant. Historically, North Carolina Emergency Management (NCEM) has provided the 25% share for counties. There is no indication that NCEM will be changing policy on these projects. FEMA policy stipulates that total project funding cannot exceed $276,000 per project. There should be no direct financial impact to the County with these projects. However, in time financial assistance may be needed to stay within federal funding limits. The full financial impact will not be known until the grant is approved and an appraisal is completed. Any additional funding needs will be presented for approval as appropriate. Project #1 The current estimated cost of the property acquisition project is $322,150 with $242,612.50 being paid by FEMA, and the remaining $80,537.50 being paid by the State of North Carolina. Project #2 Because this is a FEMA grant-funded project, there will be no financial impact to the County and all costs will be paid by FEMA (75%) and the State of North Carolina (25%). SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is 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. Project #1 has a positive social justice impact by relocating a family of five including three small children (a vulnerable population) from a hazard prone area. The FEMA Hazard Mitigation Grants Program process does provide temporary assistance to those displaced by such a process by this mitigation action. The owners of this property are voluntarily committing to the acquisition process, as required by federal law. Project #2 will help to ensure continuity of UNC Chapel Hill's ability to maintain emergency coordination and support of the campus community (including students, staff, and visitors). ENVIRONMENTAL IMPACT: The following Orange County Environmental Goal impact is applicable to this item: • RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY 3 Assess and where possible mitigate adverse impacts created to the natural resources of the site and adjoining area. Minimize production of greenhouse gases. The Project#1 property will be demolished and then returned to green/natural space under a 100 year deed. All aspects of both projects; including but not limited to debris removal, will follow all federal, state, and local environmental and historic regulations. RECOMMENDATION(S): The Manager recommends that the Board approve the attached resolution with the designation of Sarah Pickhardt (Primary Agent) and Patrick Mallett (Secondary Agent) for this Hazard Mitigation Grants Program application, and direct the Clerk to the Board of County Commissioners to sign as the Certifying Official. 4 0ANLE AND uPERATi0N5 1'11(: Unncrm) of Noah l.arouna a.l.hal d I hll I1120 IssLCs Urns PALension-1tr11.2329,(_o# 165u 1 Chapel 11d1,NC 27599-1650 I tmergMy Manayeme�t and Planniny Telel,nonc: 919-Az-37s9 • rax.919-962-uzz' W. Kirby Saunders Emergency Plaiiage...ent Coordinator Orange County Emergency Services Hillsborough, NC Mr.Saunders. In reference to FEMA's Hazard Mitigation Grant Program "Generator Procurement"funding opportunity through the North Carolina Division of Emergency Management for Disaster Number 4393-DR,The University of North Carolina at Chapel Hill's (UNC) Office of Emergency Management and Planning is requesting Orange County, NC serve as Sub-applicant for said grant for the purchase and installation of a new generator at the Emergency Operations Center on our Main Campus in Chapel Hill (1120 Estes Drive Extension). This tacility has and continues to serve as a critical coordination venue for campus, local, and county level incidents and events. Therefore, it is essential that emergency power is preserved during an outage. Attached are reterence documents that detail the project's scope. I hank you for conzidering thi-, requezt, and I look forward to your reply. Sincerely, r Darre'U Fl.jeter Director of Emergency Management& Planning cc. Derek Kemp, AVL for Campu.3 safety & Risk Management 5 THE UNIVERSITY Of NORTH CAROLINA GREGORY A.DRt-,'FR,1_'E 1 at CHAPEL HILL Eeecutive Director-1 University FnRineer Enioneenng a Co-struction,Facilities Services 1111 A,,p.n nave 1:919.813.0156 t',,,,p,,,Ru.-1821 ..ww.F—lmes.unc.edu Chanel Hill,NC 2751)1) =gdnvedn)fac.unceriu June 10, 2019 James Barker Hazard Mitigation Specialist binrth Carolina Department of Public Safety Division of Emergency Management, Recovery Section, Hazard Mitigation Rranch Mailing Address:4238 Mail Service Center, Raleigh, NC 27699-4238 Physical Address: 41% Reedy Creek Road, Raleigh, NC 27607-6410 office: 919-KS-2355 Fax: 919-71S-9191 bnh.barker@ncdps.gnv Dear Mr. Barker: After careful consideration of the input from the University's Director of Emergency Managpment& Planning, our Spnnr Electrical Engineer(Licensed Profpssinnal Engineer),our Executive Director of Environment Health &Safety, our Generator Shop Supervisnr, our Facilities Conditions Assessment Program,and our Energy Services group, I confirm the 3onKW size is the appropriate generator size to support the critical Inads at UNC-CH's Fmergency Operations Center_ These nperations include utilization of the entire building for the university's emergency personnel and potentially sheltering of these personnel during a campus emergency event. The authority having jurisdiction for this location is the State of North Carnlina.This system will be designed by a Professional Engineer licensed in the state of North Carolina and will meet nr exceed the current North Carolina Building Cndp, National Electric Code, and University and State Construction office standards. Final inspection will be conducted by the University and State Constructinn Office. sinter ly, egory A. Driver 6 FINANCE AND OPERATIONS The University of North Carolina at Chapel Hill 1120pEstes Drive Extension,Rm.2328,CB#1650 Emer enc Mana ement and Plannin Cha el Hill,NC 27599-1650 9 y 9 9 Telephone: 919-962-5729 • Fax:919-962-0227 June 14, 2019 James Barker Hazard Mitigation Specialist North Carolina Division of Emergency Management 4105 Reedy Creek Road, Raleigh,NC 27607-6410 Dear Mr. Barker: The following specs and quote were provided by the UNC Facilities Services Engineering and Construction for a 300kW generator: 277/480v- 3 Phase ATS NOT Included 2 Year Std. Warranty(Covers parts, labor, & travel) 600A Mainline LS/I Breaker, or... 660 Gal Fuel Tank; 5 gal spill Containment; 24 Hr. run-time @100% Load Level 1 Sound Attenuated Enclosure External E-Stop Alternator Strip Heater Coolant Heater Shipped to your door(but not off-loaded) Official CAT Start-Up Service 18-22 Week lead time after approval of submittals $66,100.00+Taxes This is being included in our grant request as supporting documentation. Feel free to contact me with any questions. Sincerely, Z�)a4l���/ 94_:�_ Darrell Jeter, Director Emergency Management and Planning 7 Cost Estimate for Generation Install at EHS building System Description Quantity Unit Cost Total Generator set, diesel, 3 phase 4 wire, 277/480 V, 300 kW, incl battery, Generator 1 Ea $ 60,700 $ 60,700 charger, muffler, &day tank, excl conduit,wiring, &concrete footing Automatic transfer switches, enclosed, ATS 1 Ea $ 13,400 $ 13,400 3 pole,480 volt,800 amp Move 1,000 gal tank, pour concrete Move Tank and Footing 1 Ea $ 10,000 $ 10,000 footing Feeder installation less than 600 V, Control Wiring including RGS conduit and XHHW wire 250 LF $ 15 $ 3,750 up to60A Underground service installation, includes excavation, backfill, and 4 wire 3 phase 4' depth, , , Feeder 400 Amp Install With Concrete Trough Installation compaction, 250 LF $ 525 $ 131,250 277/480 volts, 600 A, Bus duct, copper, 3 pole 4 wire,weatherproof, feeder, 600 amp Exhaust Stack Exhaust Stack 1 Ea $ 3,000 $ 3,000 Sub Total $ 222,100 General Contractor Overhead 0.3 $ 66,630 Construction Contingency 0.1 $ 22,210 Professional Fees 0.2 $ 44,420 Owner Reserves 0.15 $ 33,315 Commissioning 0.015 $ 3,332 General Conditions 0.1 $ 22,210 Total I $ 414,217 8 UNC at Chapel Hill Proposed Emergency Generator W itYsms Airport 460 n ESTES DR O� FACILITtES DR Hazardous Materials Warehouse Hazardous Airport Block Materials Sto 9 Facility Facrlity Waste Storage co+ Fac Orly 3JJ0/r EHS Horace Williams Airport O ffce T 508 R OQ Fac it i ty Co n st me tion a r Shop je General Storeroom Giles F. Horney Annex Service Station NOB Art Studio Sources:Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,USGS, FAO, NPS,NRCAN,GeoBase, IGN, Kadaster NL,Ordnance Survey, Esri Japan, METI,Esri China(Hong Kong),(c)OpenStreetMap contributors,and the GIS User Community POINT_X POINTY GEN -79.058808 35.934133 UNC at Chapel Hill Proposed Emergency Generator Q CD- 0- at � io m N } Cl Frh:U�niiversity of North Carolina 59.233 Airport Dr U a� r -------------- POINT-X POINT-Y GEN -79.058808 35.934133 10 RESOLUTION DESIGNATION OF APPLICANT'S AGENT North Carolina Division of Emergency Management Organization Name(hereafter named Organization) Disaster Number: Orange County 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 Day: 01 Applicant's Federal Employer's Identification Number 56 - 6000327 Applicant's Federal Information Processing Standards(FIDS)Number 037 - 135 - PRIMARY AGENT SECONDARY AGENT Agent's Name Sarah Pickhardt Agent's Name Patrick Mallett Organization Organization Orange County Emergency Services Orange County Planning&Inspections Department Official Position Division Chief of Emergency Management Official Position Deputy Director Development Services Mailing Address 510 Meadowlands Dr. Mailing Address 131 W.Margaret Lane,suite 201,PO Box 8181 p City,State,Zip Hillsborough, NC 27278 City,State,zip Hillsborough, NC 27278 Daytime Telephone (919) 245-6135 Daytime Telephone (919) 245-2577 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 duly 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 and/or 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 93-288 as amended)or as otherwise available.BE IT 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 Name and Title Official Position Name and Title Daytime Telephone CERTIFICATION (Name)duly appointed and (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 . Date: Signature: Rev.06/02 11 APPLICANTASSURANCES The applicant hereby assures and certifies that it 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 assurance and certifies with respect to and as a condition for the grant that: 15.It will comply with the provisions of the Hatch 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 duly adopted or passed as an official act of the applicant's governing body,authorizing the filing of the 16.It will comply with the minimum wage and maximum hours provisions of the application,including all understandings and assurances contained therein,and directing Federal Fair 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 State and local governments. connection with the application and to provide such additional information as may be required. 17.(To the best of his/her knowledge and belief)the disaster relief work 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 will have sufficient funds available to meet the non-Federal share of the cost for Handbooks. construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility 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 will not enter into a construction contract(s)for the project or undertake received for the same loss from another source. other activities until the conditions of the grant program(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-of-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 or Federal funding. 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. 20.This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants,loans,reimbursements,advances,contracts,property, 6.It will operate and maintain the facility in accordance with the minimum discounts of other Federal financial assistance extended after the date hereof to the standards as may be required or prescribed by the applicable Federal,State Applicant by FEMA,that such Federal Financial assistance will be extended in reliance and local agencies for the maintenance and operation of such facilities. on the representations and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This 7.It will 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 A117.1-1961,as modified December 31,1973. Section 102(a)requires,on and after March 2,1975,the purchase (41 CFR 101-17-7031). The applicant will be responsible for conducting of flood insurance in communities where such insurance is available as a condition for inspections to insure compliance 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 loan,grant,guaranty,insurance payment, have been approved and will see that work on the project will be prosecuted rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect to completion with reasonable diligence. 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 property 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 Civil 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 until FEMA no person in the United States 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 otherwise subjected to discrimination under any program or activity for which the 24.It will assist the Federal grantor agency in its compliance with Section 106 of applicant receives Federal financial assistance and will 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 real property 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 1966(16 U.S.C.469a-1 at 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 listed 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 for private gain for themselves or others,particularly those with whom they have 25.It will,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 the 13.It will comply with the requirements of Title II and Title III 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 State agrees to take any necessary action within State capabilities to require administrative requirements approved in accordance with OMB Circular A-102, compliance with these assurances and agreements by the applicant or to assume P.L.93-288 as amended,and applicable Federal Regulations. responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director.