HomeMy WebLinkAboutAgenda - 10-05-1999 - 8dORANGE COUNTY
.BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:
1
Action Agenda
Item No. $~.~
SUBJECT: FEMA Designation of Applicant's Agent and Disaster Relief Agreement
DEPARTMENT: Finance PUBLIC HEARING: {Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Ken Chavious, ext 2453
Disaster Assistance Agreement
__ 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 Hurricane Floyd.
BACKGROUND: County staff attended a meeting recently with State and FEMA :officials
related to obtaining reimbursements for expenditures related to Hurricane Floyd. Similar to the
previous experience with Hurricane Fran, 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
Hurricane Fran and all eligible expenditures were reimbursed.
FINANCIAL IMPACT: The County's hurricane related expenditures are not expected to be
significant. The disaster relief reimbursement will cover these expenses, including
administration.
RECOMMENDATION(S): The Manager recommends that the Board 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.
DESIGNATION OF APPLICANT'S AGENT
2 ,
BE TT RESOLVED BY
(Governing Body)
OF
(Public Entity)
THAT
(Name of Incumbent) (Offccial Position)
OR
Governor's Authorized Representative,
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.
THAI' , 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 on 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 of
(Governing Body) (Public Entity)
on the day of , 19
Date:
(Official Position)
RESOLUTION
(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 official position to represent it.
' Rev. QRM!
APPUCANT ASSURANCES
. ,The appR..ant hereby assures and certifies that he wUl comply with the FEMA regulations, policies, guidelines and requirements induding OMB's Circulars No. A-95 and A-
1D2, 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:
1. It possesses legal authority to apply for the grent, and to finance and consWct
the proposed facilities; that a resoludan, motion or similar action has been duly
adopted or passed as an official act of the applicant's gaveming body,
authodzing the tiling of the application, induding all understandings and
assurances contained therein, and directing and authorizing the person identfied
as the official representative of the applicant to act in connection with the
application and to provide such additional information as maybe required.
2. it wUl comply with the provisions of: Executive Order 11988, relating to
Floodplain Management and Executive Omer 11990, relating to Protection of
Wetlands.
3. It will have sufficient funds available to meet the non-Federal share of the cost
for constructlon projects. Sufftcient funds will be avaiable when construction is
completed do assure effective operation and maintenance of the fadliry for the
purpose constructed.
15. It wr11 comply with the provisions of the Hatch Act which limit the political
activity of employees.
16, it wiU comply with the minimum wage and maximum hours provisions of the
Federal Fair labor Standards Act, as they apply to hospital and educational
institution employees of State and local governments.
t7. (To the best of his knowledge and beflef) the disaster relief work described on
each Federal Emergency Management Agency (FEMA) Project Application for
which Federal Finandal assistance is requested is eligible fi accordance with the
criteria contained in 44 Code of Federel 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 net duplicate benefits
received for the same loss from another souroe.
4. It wiU not enter Into a construction contract(s) for the project ar undertake other
activities until the conditions of the grant program(s) have been meL
5. It wUl provide and maintain competent end adequate architectural engineering
supervision and Inspection at the construction site to insure that the completed
work conforms with the approved plans and spedftcatlons; that h wiU famish
progress. reports and such other information as the Federel grentor,agency may
need.
6. It will operate and maintain the fadlity in accordance with the minimum
standards as may be required ar prescribed by the applicable Federal, State and
local agencies for the maintenance and operation of such fadliUes.
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, ordocuments related to the grant.
8. h will require the facility to be designed to cofiply with the "American Standard
Specifications far Making 8ufidings and Facilitles 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 tide or other Interests in the site end
facUlUes 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 TtUe 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 odgtn,
be excluded from participation in, be denied the benefits of, or be otherwise
subjected to d(scriminatlnn under any program or activity for which the applicant
receives Federal ftnandal assistance and will immediately take any measures
necessary to effectuate thla 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 pedod 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 Tide II and Title Ill of the Uniform
Rebcation Assistance and Real Properly Acquisitions Act of 1870 (P.L. 91-646)
which provides For fair and equitable treatment of persons displaced as a result of
Federal and Federelly assisted progrerns.
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-Z88 as amended, and applkabie Federal Regulations.
19. It will (1) provide without cost ~ the tinted States all lands, easements and
rights-of-way necessary for accompUshments of the approved work; (2) hold and
save the United States free from damages due to the approved work or Federal
funding.
20. This assurence is given in consideration of and for the purpose of obtaining
any ,and ap Federal grants, loans, reimbursements, advances,. contracts,
property, discounts of other Federal financial assistance extended after the date
.hereof to the AppUcanf by FEAAA, that such .Federal Flnancial 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 Judidal
enforcement of this assurence. 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. ,
21. It wiU comply with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973, Public law 93-234, 87 Sta[.
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 far the receipt of any Federal finandal assistance tar
construction ar acquisitlon 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
forth of loan, grant, guerenty, Insurance payment, rebate, subsidy disaster
assistance loan or grant, or any other forth 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 lose 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 env(rorunental 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 1986, as amended, (18 U.S.C. 470),
Executive Order 11593, and the Aroheological-and Historic Preservatlon Act of
1866 (16 U.S.C. 469a-1 et seq.) by (a) consultlng with the State Histodc
Preservadan Officer on the conduct of Investigations, as necessary, to identify
properties Usted 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 Federe( grantor agency of the existence of any such properties,.
and by (b) complying with all requirements established by the Federal grantor
agency ~ avoid or mitigate adverse effects upon such properties.
25. It will, for any repairs or construction financed herewith, comply with
applkable standards of safety, decency and sanitation and in conformity with
applicable codes, speciflgtlons 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 appropdate action to mitigate such hazards, including safe lend 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 daftdencies not
resolved to the satisfaction of the Regional Director.
STATE-APPLICANT DISASTER ASSISTANCE AGREEMENT 4 ~ , .
This agreement between the State of North Cazolina and (the Applicant) shall be
effective on the date signed by the State and the Applicant. It shall apply to all assistance funds provided 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 managerial 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 aze
provided and as approved by the Governor's Authorized Representative.
4. 3'he Applicant is aware of and shall comply with cost-sharing requirements of the Federal and State
disaster assistance; specifically that Federal assistance is limited to 75% of eligible expenditures, that
State assistance is limited to 25% 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 lazge 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 gerierally 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 Authorized
Representative, any advance funds which are not supported by audit or other Federal or State review
of documentation maintained by the Applicant.
9. ~ The Applicant shall comply with all applicable codes and standazds in completion of eligible repair or
replacement of damaged public facilities.
10. The Applicant shall comply with all applicable provisions of Federal and State law and regulation in
regard to procurement of goods and services and to contracts for repair or restoration of public
facilities.
REV. OB199
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.
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13. The Applicant shall comply with provisions of the Hatch Act limiting the political activities of public
employees.
14. The Applicant shall comply, as applicable, with provisions of the Davis-Bacon Act relating to labor
standards.
15. The Applicant shall comply with the flood insurance purchase requirements of the Flood Disaster
Protection Act of 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 repair work.
17. "The Applicant shall not enter into contracts for which payment is contingent upon receipt of State or
Federal funds.
18. 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. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,
and as implemented by 44 CFR Part 206.
Signed by Applicant:
Typed Name
Applicant's Federal Tax
Identification Number (Required)
Title
Signature Date
Signed for State:
Typed Name Title
Signature
Date
REV. 08!99