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HomeMy WebLinkAboutAgenda - 01-21-2003-8hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 2003 Action Agenda Item No. S- 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 of North Carolina for the processing of reimbursements to the County for expenses associated with the recent December 2002 ice storm. BACKGROUND: County staff attended a meeting recently with State and FEMA officials related to obtaining reimbursements for expenditures related to the recent ice storm. Similar to the previous experiences with Hurricanes Fran and Floyd, and the 2000 snowstorm, 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 its 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 on behalf of the County for these purposes during the previous disasters and all eligible expenditures were reimbursed. FINANCIAL IMPACT: The final total expenses are not yet available, but it is estimated that the County expended in the neighborhood of $300,000. FEMA and the State will reimburse all expenses. RECOMMENDATION(S): The Manager recommends that the Board adopt the resolution authorizing the Finance Director to act 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 Emelgency Management Organization Name (hereafter named Organization) Disaster Number: Orange County 44 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: J u 1 Da : 01 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 Agent's Name Organization nranqp rminty Organization Orange County Official Position Official Position Finance Director Emer enc M mt. Director Mailing Address 81A1 P 0 P Mailing Address ox City State, Zip City State, Zip Daytime Telephone 91q-245-2453 Daytime Telephone 245-2n3o Facsimile Number 91 -644-3324 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 such disaster assistance required by the grant agreements and the assurances printed on the t i i t ng o a n Management Agency for all matters per 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 Donna Baker Name and Title Official Position Clerk to the Board Name and Title Daytime Telephone 919-245-2130 CERTIFICATION Donna Baker , (Name) duly appointed and Clerk to the Board (Title) I , 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 Orange County (Organization) on the 21st day of January 1 2003 Date: Signature: Rev. 06/02 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 74A, 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. 2. It will comply with the provisions of. Executive Order 11988, relating to Floodplain Management and Executive Order 11990, 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 maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 17. (To the best of his/her 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-way necessary 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 after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in reliance 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 assurance is binding on the applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear on the reverse as authorized to sign this assurance on behalf of the applicant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, 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 insure 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 reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is 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. 83-352) 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 Federally assisted 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 applicable Federal Regulations. 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. Section 102(a) requires, 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 financial assistance for construction or acquisition purposes for use in any 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 environmental clearance, if this is required. 24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 at 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 conformity with 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 used and take appropriate action to mitigate such hazards, including safe land use and construction practices. 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 Regional Director. N 3 V??A?4 North Carolina Department of Crime Control and Public Safety Division of Emergency Management APPLICANT: Orange County DISASTER: Ice Storm 4 FEMA- 1448 -DR-NC 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") shall be effective on the date 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 Ice Storm , and pursuant to the Disaster Declaration made by the President of the United States numbered FEMA - 1448 - 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 the 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 Audit 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. 5 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, 31 U.S.C. 37501 et. se q., 44 C.F.R. Part 14, OMB Circular A-133, "Audits of States, Local Governments and Non-profit Organizations," and applicable North Carolina laws, rules and regulations. 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 10th day of the first month following initiation of the project and subsequent Progress Reports will be due on the 10th day of each and every month thereafter until project completion. Forms and reporting requirements will be provided by the Governor's Authorized Representative. 8. The Applicant, its employees and agents, including consultants, contractors and subcontractors to 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 financed 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. 6 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 State 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.amet.gov/epl/owa/epls.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. 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, the 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 State. 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 State and Federal requirements. FOR THE APPLICANT: Date BY: Signature Ke etla-T Chavintis Typed Name Finance Director Title FOR THE STATE: BY: Signature Typed Name Title Applicant's Federal Tax I.D. Number (required) Date