Loading...
HomeMy WebLinkAboutAgenda - 02-29-2000-8b ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 29, 2000 Action Agenda Item No. _ 8_ b SUBJECT: FEMA Desi nation of A licant's A ent and Disaster Relief A reement 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 a resolution and approval of an agreement required by FEMA and the State for the processing of reimbursements to the County for expenses associated with the recent snow storm. BACKGROUND County staff attended a meeting recently with State and FEMA officials related to obtaining reimbursements for expenditures related to the recent snow storm. Similar to the previous experience with Hurricanes Fran and Floyd, 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 on behalf of the County for these purposes during the Hurricanes 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 $40,000. FEMA and the State will reimburse all expenses. RECOMMENDATION(S): The Manager recommends that the Board of adopt the resolution authorizing the Finance Director as the County's Agent, approve the agreement, and authorize the Chair and the Clerk to execute the documents. DESIGNATIQN OF APPLrCANT'S AGENT RESOLUTION BE TT RE50LVED BY (Governing Bndy) OF (PuGLic Entity) THAT , (Name oflncum6ent) (Official Position) OR Governor's Authorized Representative, z is hereby authorized to execute for and in behalf of a public entity established under the laws of the State of ,this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT , a public entity established under the laws of the State of _ ,hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed an the reverse side hereof. Passed and approved this day of „ . 19 (Name and Title) (Name and Title) (Name and Title) CERTIFICATION I, ,duly appointed and of (Title) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the on the Date: (Governing Body) of (Public Entity) day of X 9 (Qfr=tcial Position) (signature) * Name of incumbent need not be provided in those cases where the governing body of the public entity desires to authorize any incumbent of the designated ofFcial position to represent it. Rev, (1Plyy APPLICANT AS5URANCti5 The appl(cant hereby assures and certifies that he will comply with the FEMA regulations, policies, guidelines and requirements including CMl3's Circulars Na. A-9S and A- 102, and FMC 74-4, as they relate to the application, acceptance and use of Federal funds far this Federally-assisted project Also, the Applicant gives assurance and certifies with respect to and as a condition far the grant that: 1. It possesses legal authority t4 apply for the grant, and tp finance and cansWct the proposed facilities; that a resoludpn, motion or similar acdan has been duly adopted ar passed as an official act of the applicant's_ gpveming body, authorizing the t-cling of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant 0o act in cannectlon with the appllcatlon and to provide such additional tnfamlaticn as may 6e required. 2. It will comply with the provlsipns af•. ~tacudve Order 11988, relatlng la Flaadplain Management and F~cecudve Ober 11990, relating to Protection of Wadands. 3. It wal have sufficient funds available to meet the non-Federal share of the cost for cansWction projects. Sufndent funds wHl 6e available when consWcdon is completed tp assure effective operation and maintenance pf the facility far the purpose consWctad, 15. It will comply with the previsions of the Hatch Act which limit the political activity of employees: 18. It will comply with the minimum wage and maximum hours provisipns of the Federal Falr Lobar Standards Acf, as they apply to hospital and educational institution employees of State and local governments. 17. (Tp the best of his knowledge and belief) the disaster reneF work described on each Federal tJttergenry Management Agenry (FlSVW) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria conaained In 44 Code of Fedora( Regulations, Part 206, and applicable FEhAA Nandbacks. 18. The emergenry ar disaster reilef work therein described far whidt Federal Assistance L4 requested hereunder does net or will not duplicate benefits received for the same loss from another source. 4. It will not enter into a construction contract(s) far ate project or undertake other activities until the conditions of the grant prograrrl(s} have been met 5. It will provide and maintain competent and adequate arohitecturel englneedng supervision and inspection at the construction site W Insure that the campieted work ccnfarms with the approved plans and spedficatlans; that it will furnish progress reports and such other Information as the Federal grantor agenry may need. Et, It wr11 operate and maintain the fadliry In accordance whh the minimum standards as may be required or presr~ibad by the applicable Federal, State and local agendas tar the maintenance and pperatlon of such fadildes. 7. It will glue the grantor agency and the Camptraller General, through any authorized ropresentatlve, access h1 and the right trf examine all recarcls, backs, papers, or documents related to the grant 8. It w(II require the facility to be designed to cafnply wkh the'American Standard 5peciilcations tar Making t3uildings.and Facilities Accessible to, and Usable 6y the Physically Handicapped,' Number A117.1.1981, as modified (41 CFR 101- 17.7031). The appl[cant will be responsible for conducting Inspectlons to Insure campllance with these speclfuadans by the contractor. e. It wfll cause work on the project W 6e commenced within a reasonable time after receipt of natlficatlan from the approving Faders! agency that funds have been approved and will sae that work on the projed will ba prosecuted to ccmpletlan with reasonable d9igence. 10. tt will oat dispose at ar encumber its ads ar other Interests In the site and facilities during the period of Federel Interest or while the Government holds bands, whlohever Is the longer. 1 t , It agrees to comply with 5ectlon 311, P.L- 93-288 and with T1da VI of the CivH Rights Act of 1964 (P.L, 8352) and In accordance with Title VI aF the Act, nil person In the United States shall, on the ground of race, odor, ar natlpnel origin, be excluded from parddpatlan In, 6s denied the benefits aF, ar be od+artY~e subjected to dlscriminatlon under any program or activity Tor which the applicant receives Federal flnandal assistance and wm Immediately take arty measures necessary to effectuate thla agreement If any real property ar tttrtrct<rre 1$ provided or Improved with the old of Federal finandal assistance extended fa ate Applicant, this assurance shall abilgate the Applkant, or In the case af.any transfer of such properly, any transferee, for the period during which the real property ar structure (s used for a purpose for whlett the Federal financial assistance Is extended ar for another purpose ImroMng the provision of similar services nr benefits. 12. It wll establish safeguards to prohibit employees from using their posldpns far a purpose that Is or gives are appearance of being motivated by a desire for private gain icr themselves or others., partkxtlariy those with whom they have family, business, ar other des. 13. It will comply with the requirements of "title II and Title Ill of ate Unfiann Relacadon Assistance and Real Property Acqutsidans Act of 1970 (P.L 9146) which provides tar fair and equitable treatment aF persons displaced as a result of Federal and Federally assisted programs. 14, It will comply with all requirements imposed by the Federal grantor agenry concerning spedal requirements of law, program requirements, and other administrative requirements approved 41 accordance with qMS C(rcular A-102. P.L. 93-288 as amended, and applicable Federal Regulations. 19.1t will (1) provide without east ro-the United States all lands, easements and rights-0f-way necessary for accompgshments of the approved work; (2) hold and save the United States free from damages due to the approved wpric or Federal funding. 20. This assurance (9 given In cortsideradan of and for the purpose of obtaining any and aU Federal grants, leans, reimbursements, advances, contrac(h, property, discounts of other Federal finandal asslstancs extended after the date hereof to the Applicant by F>`MA. that such Federal Financial assistance wilt be extended In reliance on the representatlons and agreements iftade in this assurance and that the United States shag have the right to seek }udidal enforcement of this assurance, This assurance is binding on the- applicant, Its successors, transferees, and essMjnees, and the person ar persons whose signaturos appear an the reverse as authorized to sign this assurance on hahalf of the applicant 21. It wN amply with the tbod Insurance. pun~tasa requlremenbt of 8ectlan 102(a} of the Flood Disaster Protection Act al 1973, Pubilc taw 93.234, B7 Scat 975, approved December 31; 1973.58d1an 102(a) requires, an and after Mardi 2, 1975, the purohase of (food Insurance In cammunldes where such Insurance Is available as a condition for the receipt of arty Federal financial assistance for construcdan ar acqulsWon purposes Ear use In any area that has been identified by the Director, Federal Emargenty Management Agency as an area having spatial i~ad hazards. The phrase 'Federal firtandal assistance' Includes any form of loan, grant, guaranty, Inertronce payment, rebate, eubsldy, disaster assistance loan ar grant, or arty other Form of aired ar Indirect Federal assistance. 22. It will comply with the Irtstrrance requlroments of Sactbn 314, PL 93-798, tc dytain and maintain arty ether Insurdrtce as may be reasonable, adequate, anc necessary tc pprated against further loss to any property which was replaced restored, repaired, ar constructed with tltle assistance. 23. it will defer funding of any proJeds Invdvlrtg flexible funding until FEM~ makes a Favorable envlronrrtenFal deaaartee, H this Is required. 24. It will assist ate Federal grantor agency In I<a caritpnance with Sedlon 106 a the Natlanal Historic Praservatlan Ad a) 19th, as amended, (iB U.S.C. 470) Exeartlve ardor 11593, and the Archeological and Historic Preaenration Act c 1986 (1 fi U.S.C. 4t39a-1 et seq.) by (a) consulting with the State Hismrir Preservation pfficer an the conduct of kwesdgadons, as necessary, to Idendh propertes ilsted In er eligible for Induslon In the National Register of Mistarii places drat are subject to adverse effeds (see 38 CFR part t300.9} by the activity and nptltying the Federal granter agenry of the existence of any such properties and by (b) complying with ail raqulrements established 6y the Federal grants agency to avid ar mitigate adverse effects upon such properties. S5. It win, for any repairs or consbudion financed herewith, comply wit. appflcakde standards of safety, decanry and sanitatlan and in txnktnnlty wit appficahle codes, specincatlons and standards; and, wifl evaluate the natun hazards In areas in which the proceeds pf the grant ar loan are to be used an take appropriate action to nu'tigats such hazards, including safe land use an construction practices. STATE ASSURANCES The Slats agrees bo take any necessary acdan within State capabilities to requir campilance with these assurances and agreements by the applicant or l assume responsibility to the Federal gaventment for any defidenaes n. resolved to the satisfaction of the Regional DlrecWr. STATE-APPLICANT DISASTER ASSISTANCE AGREEMENT 4 This agreement between the State ofNarth Carolina and (the Applicant) shall be effective on the date signed by the State and the Applicant. It shall apply to all assistance funds pravided by or through the State to the Applicant as a result of ,and pursuant to the Presidential Emergency Declaration FEMA- -DR-NC. The designated representative of the Applicant certifies that: 1. He/She has legal authority to apply for assistance on behalf of the Applicant. 2. The Applicant shall provide all necessary financial and managexial resources to meet the terms and conditions of receiving Federal and State disaster assistance. 3. The Applicant shall use disaster assistance funds solely for the purposes for which these funds are pravided and as approved by the Governor's Authorized Representative. 4. The Applicant is aware of and shall comply with cast-sharing requixements of the Federal and State disaster assistance; specifically that Federal assistance is limited to 75% of eligible expenditures, that State assistance is limited to 2S% of eligible costs to include alternate projects selected by the applicant. 5. The Applicant shall provide the following documentation: _ a) Designation of Applicant's Agent b) State-Applicant Disaster Assistance Agreement c) Private Non-Profit Organization Certification (if required) d) Summary of Documentation Form itemizing actual costs expended for large project payment requests If the applicant does not provide the above documentation; the State shall 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 standards or as directed by the Governor's Authorized Representative. 7. The Applicant shall give State and Federal agencies designated by the Governor's Authorized Representative access to and the right to examine all records and documents related to use of disaster assistance funds. 8. The Applicant shall return to the State, within (30) days of such request by the Governor's Authorizes Representative, any advance funds which are not supported by audit ar other Federal or State review of docurnentatian maintained by the Applicant. 9. The Applicant shall comply with all applicable codes and standards in completion of eligible repair o~ replacement of damaged public facilities. 10. The Applicant shall comply with all applicable provisions of Federal and State law and regulation in regazd to procurement of goods and services and to contracts for repair or restoration of public facilities. 11. The Applicant shall begin and complete all items of work within the time limits established by the Governor's Authorized Representative. 12.. The Applicant shall comply with all Federal and State statutes and regulations relating to non- discrimination. - 13. The Applicant shall comply with provisions of the Hatch Act lirzuting the political activities of public employees. 14. The Applicant shall comply, as applicable, with provisions of the Davis-Bacon Act relating tv labor standards. 15. The Applicant shall comply with the flood insurance purchase requirements of the Flood Disaster Protection Act o£ 1973, which may require purchase of flood insurance for some costs over $10,000. 16. The Applicant shall not enter into cost-plus-percentage-of-costs contracts for completion of disaster restoration or repaix work. 17. ~ The Applicant shall not enter into contracts for which payment is contingent upon receipt of State or Federal funds. 1$. The Applicant shall not enter into any contract with any party that is debarred or suspended from participating in Federal Assistance. 19. The Applicant shall comply with all uniform administrative requirements which are set forth in the Robert T. Sta$'ord Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, and as implemented by 44 CFR Part 2Q6. Signed by Applicant; Typed Name Applicant's Federal Tax Identification Number (Required) Title Signature Date Signed for State: Typed Name Title Signature Date 5 oev no.oa