HomeMy WebLinkAboutRES-2023-021-Designation of applicants agent update for Orange County application for FEMA hazard mitigation grant program hurricane florence RES -202M21
RESOLUTION
DESIGNATION OF APPLICANT ' S AGENT
North Carolina Division of Emergency Management
Organization Name (hereafter named Organization) Disaster Number,
Orange County FEMA4393DR-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 (FIPS) 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 punted on the
reverse side hereof. BE IT FINAL Y RESOLVED THAT the above-named agents are authorized to act severally. PASSED AND
APPROVED this da of CX* -- 20
GOVERNING BODY CERTIFYING OFFICIAL
Name and Title . C Name
Name and Title Official Position
Name and Title Daytime Telephone
19 -
CERTIFICATION
I, .(�U. C Q,. C.� 1 , (Name) duly appointed and a" vow TO L QJbQXA (Title)
of the Governing Body, do hereby cerXt y that the above is a true and correct copy of a resolution passed and
approved by the Governing Body of V Y (Or anizanon) on the J44' day of
20 1 .
Date :
OJT C 1 . A-do'�3 Signature
Rev. 06/02 = j
I � t
'art4 �
APPLICANT ASSURANCES
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
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,
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 applicants 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 93234, 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, 1976, the purchase
(41 CFR 101 -174031 ). 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
90 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 93288, 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 3111 P. L. 93288 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 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 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 11 and Title III of the Uniform natural hazards in areas in which the proceeds of the grantor 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.