FY20 Strategy NC Hazard Mitigation Grant Program - FlorenceDocuSign Envelope ID: C31D3632- D3334ACB- 8F5D- F08B20FAD9AC
PROJECT: 4393 - 0009 -R
COST CENTER: 2D530078
CFDA: 97.039
NORTH CAROLINA
HAZARD MITIGATION GRANT PROGRAM
GRANT AGREEMENT
THIS HAZARD MITIGATION GRANT PROGRAM (HMGP) AGREEMENT (the
Agreement) is entered into by and between the State of North Carolina, Department of Public
Safety, Division of Emergency Management, Raleigh, North Carolina (hereinafter referred to as
the "AGENCY/ GRANTEE "), and New Hanover County, North Carolina (hereinafter referred to
as the "RECIPIENT/ SUBGRANTEE").
WHEREAS, Hurricane Florence produced disastrous weather conditions which had a
devastating impact upon parts of North Carolina; and
WHEREAS, the severity of the damage loss resulted in the declaration of a disaster and/or
emergency by the Governor; and
WHEREAS, The President of the United States has concurred and has declared an
emergency or a major disaster designated DR 4393; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the
Presidential Declaration, has made available federal funds for hazard mitigation grants; and
WHEREAS, the North Carolina Emergency Management Act, N.C.G.S. § 166A -19 et. SeMc .
and N.C.G.S. §§ 14313-1000 and 166A- 19.12(10) and (13) authorize the relationship as described
herein; and
WHEREAS, the RECIPIENT / SUBGRANTEE represents that it is fully qualified,
possesses the requisite skills, knowledge, qualifications and experience to provide the services
identified herein, and does agree to perform as described herein;
NOW, THEREFORE, the AGENCY /GRANTEE and the RECIPIENT/ SUBGRANTEE
do mutually agree as follows:
(1) SCOPE OF WORK
The RECIPIENT / SUBGRANTEE shall fully perform the approved Hazard
Mitigation Grant Program (HMGP) project, as described in the approved FEMA
application as described in Attachment A, in accordance with the approved scope
of work in the approved FEMA application, the estimate of costs indicated in the
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approved FEMA application, and the terms and conditions of this Agreement.
RECIPIENT/ SUBGRANTEE shall not deviate from the approved project and the
terms and conditions of this Agreement. RECIPIENT / SUBGRANTEE shall
comply with any and all applicable codes and standards in performing work
funded under this Agreement, and shall provide any appropriate maintenance and
security for the project. The project costs are an estimate only. The final project
costs will be determined according to the policies and procedures in the applicable
North Carolina Division of Emergency Management Standard Operating
Procedure.
(2) FUNDING AND INSURANCE
The AGENCY /GRANTEE shall provide Hazard Mitigation Grant Program funds
for costs incurred in performing the project identified in the approved FEMA
application as identified in Attachment A as follows:
A. Acquisition
Total Number of Structure(s) Total Hard Costs
11 0.00
Soft Costs/unit Total Units Total Soft Costs
$200,963.64 11 $2,210,600.00
Total Estimated Project Costs $2.210.600.00
B. Funding Sources
1. Estimated Federal Share for: 4393 - 0009 -R $1,657,950.00
2. Estimated Local Share for: 4393 - 0009 -R $0
3. Estimated State Share for: 4393 - 0009 -R $552,650.00
4. Federal Share of Recipient/Subgrantee
Administrative Cost for: 4393 - 0009 -R $0
5. State Share of Recipient/Subgrantee
Administrative Cost for: 4393 - 0009 -R $0
TOTAL FOR: 4393 -0009 -R $2,210,600.00
The RECIPIENT / SUBGRANTEE shall utilize the forms entitled "Request for
Advance" and "Cost Report" to obtain funds under this agreement. RECIPIENT/
SUBGRANTEE shall not receive funds under this agreement if it does not submit
Cost Report or Request For Advance forms. To receive funds under this
agreement, RECIPIENT/ SUBGRANTEE shall complete the Designated Agent
Form and forward it to the appropriate Division of Emergency Management
Hazard Mitigation Grant Program Project Manager or Hazard Mitigation
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Specialist. As per Paragraph 12(c) of this Agreement, if RECIPIENT/
SUBGRANTEE designates different representatives or designated agents,
RECIPIENT/ SUBGRANTEE shall notify AGENCY /GRANTEE.
To receive funds under this agreement, the Designated Agent shall sign the Cost
Report or Request for Advance Form. These forms are hereby incorporated into
this Agreement by reference. Following full execution of this Agreement, the
Fiscal Section of the Department of Public Safety will forward the Cost Report to
the RECIPIENT/ SUBGRANTEE. RECIPIENT/ SUBGRANTEE shall complete
the Cost Report and attach appropriate invoices or other appropriate
documentation and forward it to the appropriate Division of Emergency
Management Hazard Mitigation Grant Program Project Manager or Hazard
Mitigation Specialist. AGENCY/ GRANTEE will reimburse RECIPIENT/
SUBGRANTEE for eligible costs in increments of Five Hundred Dollars
($500.00) or greater.
The final payment of funds will be made only after project completion, submission
of all required documentation, final inspection, and a request for final
reimbursement.
RECIPIENT / SUBGRANTEE agrees, as a condition of receipt of funding pursuant
to this Agreement, to obtain reasonably available, adequate, and necessary
insurance for the type or types of hazard for which the major disaster was declared,
in accordance with the requirements of 44 C.F.R. 206 subpart I and 2 C.F.R. Part
200.
The budget for this acquisition/demolition project is divided as follows: HMGP
(404) funds are for the soft cost line items outlined on the Project Development
spreadsheet. Soft costs include buying the properties, first and third appraisals, title
work, recording fees, pre- mitigation surveys, legal and closing costs. The Pre -
Event Fair Market Value varies by structure. These soft cost amounts are listed in
the budget detail of the project application. On the spreadsheet, the hard cost line
items are included to make determinations regarding cost effectiveness, however,
these costs are going to be funded by Public Assistance 407. These hard cost
amounts are listed in the budget detail of the project application. The total
estimated project costs are an estimate only. The final project costs will be
determined according to the policies and procedures in the applicable North
Carolina Division of Emergency Management Standard Operating Procedure.
(3) DUPLICATION OF BENEFITS PROHIBITION
In accordance with the provisions of 42 U.S.C. §5155 (Section 312 of the Stafford
Act) duplication of benefits is prohibited. The RECIPIENT/ SUBGRANTEE shall
notify the AGENCY /GRANTEE, as soon as practicable, of the existence of any
insurance coverage for the costs identified in the application, and of any
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entitlement to or recovery of funds from any other source for the project costs,
including Small Business Administration funding, Minimum Home Repair funds,
and other Federal, State and private funding. Allowable costs shall be reduced by
the amount of duplicate sources available. The RECIPIENT/ SUBGRANTEE shall
be liable to the AGENCY /GRANTEE to the extent that the RECIPIENT/
SUBGRANTEE receives duplicate benefits from any other source for the same
purposes for which the RECIPIENT/ SUBGRANTEE has received payment from
the AGENCY /GRANTEE.
The RECIPIENT / SUBGRANTEE shall immediately remit to the AGENCY/
GRANTEE any duplication of benefits payment received by the RECIPIENT/
SUBGRANTEE. In the event the AGENCY/ GRANTEE determines a duplication
of benefits has occurred RECIPIENT / SUBGRANTEE hereby authorizes the
Controller of the Department of Public Safety to offset action against any other
available funding due the RECIPIENT / SUBGRANTEE. In addition,
RECIPIENT / SUBGRANTEE shall ensure, as a condition of funding under this
Agreement, that all required Privacy Act releases and Duplication of Benefit
paperwork is completed.
(4) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Both the RECIPIENT / SUBGRANTEE and the AGENCY /GRANTEE shall be
governed by applicable State and Federal laws, rules and regulations, including but
not limited to, those identified in Attachments B, C, and D.
(5) PERIOD OF AGREEMENT
This Agreement becomes effective upon execution of the signatures of all parties.
The date of execution shall be the date of the last signature. The termination date
is September 13, 2022 unless terminated earlier in accordance with the provisions
of paragraphs (6), (8), (11), (13) or (17).
(6) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement.
Changes, which are mutually agreed upon, shall be valid only when reduced in
writing, duly signed by each of the parties hereto, and attached in the original of
this Agreement.
(7) RECORD KEEPING, PROCUREMENT AND PROPERTY
MANAGEMENT
(a) If applicable, RECIPIENT /SUBGRANTEE's performance under this
Agreement shall be subject to 2 C.F.R. Part 20, "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
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Awards," Subpart B, "General Provisions ".
(b) If applicable, all financial and programmatic records, supporting
documents statistical records and other records of RECIPIENT/
SUBGRANTEE shall be retained pursuant to 2 C.F.R. Part 200 and NCAC
Part 3M. All original records pertinent to this Agreement shall he retained
by the RECIPIENT / SUBGRANTEE for five years following the date of
termination of this Agreement or of submission of the final closeout report,
whichever is later, with the following exceptions:
• If any litigation, claim or audit is started before the expiration of the
five year period and extends beyond the five year period, the records
will be maintained until all litigation, claims or audit findings involving
the records have been resolved.
(c) All records, including supporting documentation of all program costs, shall
be sufficient to determine compliance with the requirements and other
applicable laws and regulations.
(d) The RECIPIENT / SUBGRANTEE, its employees or agents, including all
subcontractors or consultants to be paid from funds provided under this
Agreement, shall allow access to its records at reasonable times to the
AGENCY /GRANTEE, its employees, and agents. "Reasonable" shall be
construed according to the circumstances but ordinarily shall mean during
normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents" shall include, but not be limited to, auditors
retained by the AGENCY /GRANTEE.
(8) REPORTS
(a) The RECIPIENT / SUBGRANTEE shall provide monthly progress reports
to the AGENCY /GRANTEE, using the Progress Report Form. Reports are
due by the tenth of the following month. Reports shall indicate the status
and completion date for each project funded, any problems or
circumstances affecting completion dates, or the scope of work, or the
project costs, and any other factors reasonably anticipated to result in
noncompliance with the terms of the grant award. Interim inspections shall
be scheduled by the RECIPIENT / SUBGRANTEE prior to the final
inspection and may be requested by the AGENCY /GRANTEE based on
information supplied in the progress reports.
The AGENCY /GRANTEE may require additional reports as needed. The
RECIPIENT/ SUBGRANTEE shall, as soon as possible, provide any
additional reports requested by the AGENCY /GRANTEE. The AGENCY/
GRANTEE contact will be the Division of Emergency Management
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Hazard Mitigation Grant Program Project Manager or Hazard Mitigation
Specialist for all reports and requests for reimbursement.
(b) RECIPIENT / SUBGRANTEE shall provide the AGENCY/ GRANTEE
with a close -out report on forms provided by the AGENCY /GRANTEE.
The close -out report is due no later than forty-five (45) days after
termination of this Agreement or upon completion of the activities
contained in this Agreement.
(c) If all required reports and copies are not sent to the AGENCY/ GRANTEE
or are not completed in a manner acceptable to the AGENCY /GRANTEE,
the AGENCY/ GRANTEE may withhold further payments until they are
completed or may take such other action as set forth in paragraph (11). The
AGENCY /GRANTEE may terminate the Agreement with a RECIPIENT/
SUBGRANTEE if reports are not received within thirty (30) days after
written notice by the AGENCY/ GRANTEE. "Acceptable to the
AGENCY /GRANTEE" means that the work product was completed in
accordance with generally accepted principles and is consistent with the
Budget and Scope of Work, Attachment A.
(d) Upon request by the AGENCY /GRANTEE, the RECIPIENT/
SUBGRANTEE shall provide such additional program updates or
information as may be required by the AGENCY /GRANTEE.
(9) MONITORING
The RECIPIENT / SUBGRANTEE shall constantly monitor its performance under
this Agreement to ensure that time schedules are being met, the Budget and Scope
of Work is being accomplished within specified time periods, and other
performance goals are being achieved. Such review shall be made for each
function, or activity set forth in Attachment A to this Agreement and incorporated
by reference herein.
(10) LIABILITY
(a) Nothing in this Agreement, express or implied, is intended to confer on any
other person any rights or remedies in or by reason of this Agreement. This
Agreement does not give any person or entity other than the parties hereto
any legal or equitable claim, right or remedy. This Agreement is intended
for the sole and exclusive benefit of the parties hereto. This Agreement is
not made for the benefit of any third person or persons. No third party may
enforce any part of this Agreement or shall have any rights hereunder. This
Agreement does not create, and shall not be construed as creating, any
rights enforceable by any person not a party to this Agreement.
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(b) Except as otherwise provided in subparagraph (c) below, the RECIPIENT/
SUBGRANTEE shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this agreement, and shall save the
AGENCY /GRANTEE harmless against all claims of whatever nature by
third parties arising out of the performance of work under this agreement.
For purposes of this agreement, RECIPIENT / SUBGRANTEE agrees that it
is not an employee or agent of the AGENCY /GRANTEE, but is an
independent contractor.
(c) RECIPIENT / SUBGRANTEE who is a state agency or subdivision, agrees
to be fully responsible for its own negligent acts or omissions or tortious
acts. Nothing herein is intended to serve as a waiver of sovereign
immunity by any RECIPIENT/ SUBGRANTEE to which sovereign
immunity applies. Nothing herein shall be construed as consent by a state
agency or subdivision of the State of North Carolina to be sued by third
parties in any matter arising out of any contract.
(11) DEFAULT: REMEDIES: TERMINATION
(a) If any of the following events occur ( "Events of Default "), all obligations
on the part of the AGENCY /GRANTEE to make any further payment of
funds hereunder shall, if the AGENCY/ GRANTEE so elects, terminate,
and the AGENCY /GRANTEE may at its option exercise any of its
remedies set forth herein, but the AGENCY /GRANTEE may make any
payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
If any warranty or representation made by the RECIPIENT/
SUBGRANTEE in this Agreement or any previous Agreement with
the AGENCY /GRANTEE shall at any time be false or misleading
in any respect, or if the RECIPIENT / SUBGRANTEE shall fail to
keep, observe or perform any of the terms or covenants contained in
this Agreement or any previous agreement with the AGENCY/
GRANTEE and has not cured such in timely fashion, or is unable or
unwilling to meet its obligations thereunder;
If any material adverse change shall occur in the financial condition
of the RECIPIENT / SUBGRANTEE at any time during the term of
this Agreement from the financial condition revealed in any reports
filed or to be filed with the AGENCY /GRANTEE, and the
RECIPIENT/ SUBGRANTEE fails to cure said material adverse
change within thirty (30) days from the time the date written notice
is sent by the AGENCY /GRANTEE;
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If any reports required by this Agreement have not been submitted
to the AGENCY /GRANTEE or have been submitted with incorrect,
incomplete or insufficient information;
If the RECIPIENT / SUBGRANTEE has failed to perform and
complete in timely fashion any of the services required under the
Budget and Scope of Work attached hereto as "Attachment A ".
If the necessary funds are not available to fund this agreement as a
result of action by the United States Congress, the N.C.General
Assembly, or the Office of State Budget and Management.
(b) Upon the happening of an Event of Default, then the AGENCY/
GRANTEE may, at its option, upon written notice to the RECIPIENT/
SUBGRANTEE and upon the RECIPIENT/ SUBGRANTEE's failure to
timely cure, exercise any one or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one of the following
remedies shall not preclude the AGENCY /GRANTEE from pursuing any
other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the RECIPIENT/
SUBGRANTEE is given at least fifteen (15) days prior written
notice of such termination. The notice shall be effective when
placed in the United States mail, first class mail, postage prepaid,
by registered or certified mail return receipt requested, to the
address set forth in paragraph (12) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any other rights or remedies which may otherwise be
available under law.
(c) The AGENCY /GRANTEE may terminate this Agreement for cause upon
such written notice to RECIPIENT / SUBGRANTEE of such termination
and specifying the effective date thereof, at least one (1) day before the
effective date of termination. Cause shall include, but not be limited to,
misrepresentation in the grant application, misuse of funds; fraud; lack of
compliance with applicable rules, laws and regulations; failure to perform
in a timely manner, and refusal by the RECIPIENT / SUBGRANTEE to
permit public access to any document, paper, letter, or other material
subject to disclosure under N.C. General Statutes.
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(d) Suspension or termination constitutes final AGENCY /GRANTEE action.
Notification of suspension or termination shall include notice of
administrative hearing rights and time frames.
(e) The RECIPIENT / SUBGRANTEE shall return funds to the AGENCY/
GRANTEE if found in non - compliance with laws, rules, regulations
governing the use of the funds or this Agreement.
(f) Notwithstanding the above, the RECIPIENT / SUBGRANTEE shall not be
relieved of liability to the AGENCY /GRANTEE by virtue of any breach of
Agreement by the RECIPIENT / SUBGRANTEE. The AGENCY/
GRANTEE may, to the extent authorized by law, withhold any payments to
the RECIPIENT / SUBGRANTEE for purpose of set -off until such time as
the exact amount of damages due the AGENCY /GRANTEE from the
RECIPIENT/ SUBGRANTEE is determined.
(12) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in
writing, first class, certified mail, return receipt requested, to the
representative identified below and said notification attached to the original
of this Agreement.
(b) The name and address of the AGENCY /GRANTEE contract manager for
this Agreement is:
Hazard Mitigation Grants Manager
NCEM Hazard Mitigation Branch
Department of Public Safety
Division of Emergency Management
4105 Reedy Creek Road
Raleigh, NC 27607
(c) The name and address of the Representative of the RECIPIENT/
SUBGRANTEE (Designated Agent) responsible for the administration of
this Agreement is:
Mailing Address:
Steven Still
Emergency Management and 911 Director
230 Government Center Drive, Suite 115
Wilmington, NC 28403
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Overniaht Address:
Steven Still
Emergency Management and 911 Director
230 Government Center Drive, Suite 115
Wilmington, NC 28403
In the event that different representatives (designated agents) are
designated by either party after execution of this Agreement, notice of the
name, title and address of the new representative (new designated agent)
will be rendered as provided in (12)(a) above. To receive funds under this
agreement, RECIPIENT/ SUBGRANTEE shall complete the Designated
Agent Form and forward it to the appropriate Division of Emergency
Management Hazard Mitigation Grant Program Project Manager or Hazard
Mitigation Specialist. To receive funds under this agreement, the
Designated Agent shall sign the Cost Report or Request for Advance Form.
(13) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the
RECIPIENT / SUBGRANTEE, in the Application, in any subsequent
submission or response to the AGENCY/ GRANTEE request, or any
submission or response to fulfill the requirements of this Agreement, and
such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at
the option of the AGENCY /GRANTEE and with thirty (30) days written
notice to the RECIPIENT / SUBGRANTEE, cause the termination of this
Agreement and the release of the AGENCY/ GRANTEE from all its
obligations to the RECIPIENT/ SUBGRANTEE.
(b) This Agreement shall be construed under the laws of the State of North
Carolina and venue for any actions arising out of this Agreement shall be
filed in State Court in Wake County, North Carolina. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise
unenforceable, then such provision shall be deemed null and void to the
extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) No waiver by the AGENCY /GRANTEE of any right or remedy granted
hereunder or failure to insist on strict performance by the RECIPIENT/
SUBGRANTEE shall affect or extend or act as a waiver of any other right
or remedy of the AGENCY /GRANTEE hereunder, or affect the subsequent
exercise of the same right or remedy by the AGENCY/ GRANTEE for any
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further or subsequent default by the RECIPIENT/ SUBGRANTEE. Any
power of approval or disapproval granted to the AGENCY/ GRANTEE
under the terms of this Agreement shall survive the terms and life of this
agreement as a whole.
(14) AUDIT REQUIREMENTS
(a) If applicable, RECIPIENT / SUBGRANTEE shall provide the following
completed documentation to the AGENCY /GRANTEE:
• 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;
• Hard copies of Single Audit Reports within 60 days of close of fiscal
year.
If the RECIPENT / SUBGRANTEE fails to provide any of the
documentation discussed or requested in this Agreement, the AGENCY/
GRANTEE will be under no obligation to reimburse the RECIPIENT/
SUBGRANTEE for eligible expenses.
(b) The RECIPIENT / SUBGRANTEE agrees to maintain financial procedures
and support documents and to establish and maintain a proper accounting
system to record expenditures of disaster assistance funds in accordance
with generally accepted accounting principles or as directed by the
Governor's Authorized Representative, to account for the receipt and
expenditure of funds under this Agreement. If applicable, RECIPIENT/
SUBGRANTEE shall conduct audit(s) pursuant to the Single Audit Act of
1984,31 U.S.C. §7501 et.seq., 44 C.F.R. Part 14, , OMB Circular A -133,
"Audits of States, Local Governments, and Non - profit Organizations," for
awards prior to December 26, 2014, 2 C.F.R. Part 200 and applicable
North Carolina laws, rules and regulations. Further,
RECIPIENT / SUBGRANTEE must provide a hard copy of the Single Audit
Report within sixty (60) days of the close of its fiscal year. Otherwise,
pursuant to 2 C.F.R. 200.338, the AGENCY /GRANTEE may withhold or
suspend payments under any grant award.
(c) These records shall be available at all reasonable times for inspection,
review, or audit by the N.C. State Auditor and other personnel duly
authorized by the AGENCY /GRANTEE. "Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business
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(15)
hours of 8:00 a.m. to 5:00 p.m., Eastern Standard Time, Monday through
Friday.
(d) The RECIPIENT / SUBGRANTEE shall also provide the AGENCY/
GRANTEE with the records, reports or financial statements upon request
for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(e) The RECIPIENT / SUBGRANTEE shall provide the AGENCY /GRANTEE
and the Office of the State Auditor with an annual financial audit report.
The annual financial audit report shall include all management letters and
the RECIPIENT /SUBGRANTEE's response to all findings, including
corrective actions to be taken.
(f) In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of
this Agreement, the RECIPIENT / SUBGRANTEE shall be held liable for
reimbursement to the AGENCY /GRANTEE of all funds not spent in
accordance with these applicable regulations and Agreement provisions
within thirty (30) days after the AGENCY /GRANTEE has notified the
RECIPIENT / SUBGRANTEE of such non - compliance.
(g) The RECIPIENT / SUBGRANTEE shall retain all financial records,
supporting documents, statistical records, and any other documents
pertinent to this contract for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an
audit has been initiated prior to the expiration of the five -year period, the
records shall be retained until the litigation or audit findings have been
resolved.
(a) If the RECIPIENT / SUBGRANTEE subcontracts any or all of the work
required under this Agreement, the RECIPIENT / SUBGRANTEE agrees to
include in the subcontract that the subcontractor is bound by the terms and
conditions of this Agreement with the AGENCY /GRANTEE.
(b) The RECIPIENT / SUBGRANTEE agrees to include in the subcontract that
the subcontractor shall hold the AGENCY /GRANTEE and RECIPIENT/
SUBGRANTEE harmless against all claims of whatever nature arising out
of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law.
(c) If the RECIPIENT / SUBGRANTEE subcontracts, a copy of the executed
subcontract must be forwarded to the AGENCY /GRANTEE within ten
(10) days of execution of said subcontract.
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(d) Contractual arrangement shall in no way relieve the RECIPIENT/
SUBGRANTEE of its responsibilities to ensure that all funds issued
pursuant to this grant be administered in accordance with all state and
federal requirements.
(16) TERMS AND CONDITIONS
This Agreement and any exhibits and amendments annexed hereto and any
documents incorporated specifically by reference represents the entire Agreement
between the parties and supersedes all prior oral and written statements or
agreements.
(17) STANDARD CONDITIONS
The RECIPIENT / SUBGRANTEE agrees to be bound by the following standard
conditions:
(a) The State of North Carolina's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature
and is contingent upon Congress providing Hazard Mitigation Grant
Program funds for projects.
(b) If otherwise allowed under this Agreement, extension of an agreement for
contractual services shall be in writing and shall be subject to the same
terms and conditions set forth in the initial agreement.
Upon FEMA approval, there will be only one extension of the agreement
unless the failure to meet the criteria set forth in the agreement for
completion of the agreement is due to events beyond the control of the
RECIPIENT / SUBGRANTEE.
(c) The AGENCY /GRANTEE reserves the right to unilaterally cancel this
Agreement for refusal by the RECIPIENT / SUBGRANTEE to allow public
access to all documents, papers, letters or other material subject to the
provisions of the N.C. General Statutes and made or received by the
Contractor /RECIPIENT / SUBGRANTEE in conjunction with the
Agreement.
(18) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully
herein.
(b) In the event of any inconsistency or conflict between the language of this
Hazard Mitigation Page 13 FEMA -DR- 4393 - 0009 -R New Hanover County
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Agreement and the attachments hereto, the language of such attachments
shall be controlling, but only to the extent of such conflict or inconsistency.
(c) This Agreement includes the following attachments or documents
incorporated by reference as if fully set out herein:
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
(19) FUNDING /CONSIDERATION
Approved Project Budget & Scope of Work
Program Statutes and Regulations
Lobbying Prohibition/Certification
Statement of Assurances
Special Conditions
(a) Any advance payment under this Agreement is subject to the approval of
the AGENCY /GRANTEE. The amount which may be advanced may not
exceed the expected cash needs of the RECIPIENT / SUBGRANTEE for a
three -day period for the specific project. For a federally funded contract,
any advance payment is also subject to 44 C.F.R. Part 13, Federal OMB
Circulars, A -110, A -122 and the Cash Management Improvement Act of
1990 for awards prior to December 26, 2014 and 2 C.F.R. Part 200. If an
advance payment is requested, the budget data on which the request is
based and a justification statement shall be submitted to the Division of
Emergency Management Contract Manager using the Cost Report and
Request for Advance Form. RECIPIENT/ SUBGRANTEE shall specify
the amount of advance payment needed, project number and provide an
explanation of the necessity for and proposed use of these funds.
(b) All funds shall be requested using the appropriate forms that are provided
by the AGENCY /GRANTEE.
(20) STATE LOBBYING PROHIBITION
No funds or other resources received from the AGENCY /GRANTEE in
connection with this Agreement may be used directly or indirectly to influence
legislation or any other official action by the N.C. General Assembly or any state
department.
Refer to Attachment C for additional terms and provisions relating to lobbying.
(21) LEGAL AUTHORIZATION
The RECIPIENT / SUBGRANTEE certifies with respect to this Agreement that it
possesses the legal authority to receive the funds to be provided under this
Agreement and that, if applicable, its governing body has authorized, by resolution
or otherwise, the execution and acceptance of this Agreement with all covenants
Hazard Mitigation Page 14 FEMA -DR- 4393 - 0009 -R New Hanover County
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and assurances contained herein. The RECIPIENT /SUBGRANTEE also certifies
that the undersigned possesses the authority to legally execute and bind
RECIPIENT /SUBGRANTEE to the terms of this Agreement.
(22) ASSURANCES
The RECIPIENT /SUBGRANTEE shall execute and comply with the Statement of
Assurances incorporated as Attachment D.
(23) SPECIAL CONDITIONS
(a) The RECIPIENT /SUBGRANTEE shall comply with the special conditions
set forth in Attachment E, attached hereto and incorporated by this
reference.
(b) Failure of the RECIPIENT /SUBGRANTEE to comply with the special
conditions listed in Attachment E or the program statutes and regulations in
Attachments B and D of this Agreement shall be cause for the immediate
suspension of payments or the immediate termination of this Agreement.
(24) HAZARD MITIGATION PLAN
If RECIPIENT /SUBGRANTEE is a local governmental entity, RECIPIENT/
SUBGRANTEE shall complete and adopt an all- hazards mitigation plan in a
manner satisfactory to the State Hazard Mitigation Officer within three hundred
and sixty-five (365) calendar days following execution of this Agreement. The all -
hazards mitigation plan shall be developed in accordance with the minimum
criteria for local hazard mitigation plans as determined by the AGENCY/
GRANTEE. The minimum criteria are incorporated by reference into this
Agreement as if fully set out herein.
Hazard Mitigation Page 15 FEMA -DR- 4393 - 0009 -R New Hanover County
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IN WITNESS WHEREOF, the AGENCY /GRANTEE and the RECIPIENT/SUBGRANTEE have each executed this
Agreement, this the day of 2019.12/16/2019 1 12:07:06 PM EST
WITNESS:
WITNESS:
WITNESS:
CONTRACTING AGENCY
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF PUBLIC SAFETY
.Mid�l. a- Sera,.btm.
ac MICHAEL 'A. ERRY,D5iKC OR �OpMrR1C:004DATE :
AM EST
�ooe SWm er:
j�nyw,r�orq, >7oedCS�WN.
aew�iVP� S. HOEKSTRA
CHIEF DEPUTY SECRETARY ADMINISTRATION
D EPA RTIl1Els[T019PyB12C07:06TPM EST
DATE
oxufhg a sr:
CCrrpp``
AF7C2�rleaG ' � STILL
EMERGEI,NCYY MANAGEMENT ANpDp911 DIRECTOR
FEDERZ /16/2019YR1JD26531 AM2EST
DATE
APPROVED AS TO PROCEDURES:
o— .sigmd er:
B
. esa pSTON,BUDGETggDIRECTOR
DATE
12 f 132019 YB20 37 F20 PM EST
APPROVED AS TO FORM SUBJECT TO EXECUTION BY CASANDRA S. HOEKSTRA, CHIEF DEPUTY
SECRETARY, ADMINISTRATION OF DEPARTMENT OF PUBLIC SAFETY.
JOSH STEIN
ATTORNEY GENERAL OF NORTH CAROLINA
I� D1—Signed bY:
YGnany.2 Q-. �ennAy
� FATTOR EY GENERAL
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A -1
ATTACHMENT A
BUDGET AND SCOPE OF WORK
RECIPIENT /SUBGRANTEE shall implement the Hazard Mitigation project summarized
below and as described in the approved project application (Project # 4393 - 0010 -R). That
Application is hereby incorporated by reference into this Agreement. The AGENCY /GRANTEE
shall reimburse eligible costs according to the following expenditures:
Hazard Mitigation Grant Program Funds:
A. Acquisition
Total Number of Structure(s) Total Hard Costs
11 0.00
Soft Costs/unit Total Units
Total Soft Costs
$200,963.00 11
$2,210,600.00
Total Estimated Project Costs
$2,210,600.00
B. Funding Sources
1. Estimated Federal Share for: 4393 - 0009 -R
$1,657,950.00
2. Estimated Local Share for: 4393 - 0009 -R
$0
3. Estimated State Share for: 4393 - 0009 -R
$552,650.00
4. Federal Share of Recipient/Subgrantee
Administrative Cost for: 4393 - 0009 -R
$0
5. State Share of Recipient/Subgrantee
Administrative Cost for: 4393 - 0009 -R
$0
TOTAL FOR: 4393 - 0009 -R $2,210,600.00
The budget for this acquisition/demolition project is divided as follows: HMGP
(404) funds are for the soft cost line items outlined on the Project Development
spreadsheet. Soft costs include buying the properties, first and third appraisals, title
work, recording fees, pre - mitigation surveys, legal and closing costs. The Pre -
Event Fair Market Value varies by structure. These soft cost amounts are listed in
the budget detail of the project application. On the spreadsheet, the hard cost line
items are included to make determinations regarding cost effectiveness, however,
these costs are going to be funded by Public Assistance 407. These hard cost
amounts are listed in the budget detail of the project application. The total
estimated project costs are an estimate only. The final project costs will be
Hazard Mitigation Page 17 FEMA -DR- 4393 - 0009 -R New Hanover County
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determined according to the policies and procedures in the applicable North
Carolina Division of Emergency Management Standard Operating Procedure.
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A -2
U. Scope of Work Summary
New Hanover proposes to acquire and demolish eleven (11) residential structures
located in the Special Flood Hazard Area and deemed substantially damaged
during Hurricane Florence. The structures will be demolished, including complete
removal of the existing foundations. If the complete removal is not possible then
the existing foundations will be taken down to a depth of approximately 2 to 3 feet
below the soil surface and adequately drilled to allow for drainage.
Per the application, demolition and the debris removal will be funded by the Public
Assistance Program. The demolition of the structures will require fine grading
only. Ground disturbance will be limited to the immediate area of the demolished
properties, and the staging area will be located within the footprint of the existing
property boundaries. Debris will be removed, and the properties will initially be
stabilized with clean soils, graded, and seeded to prevent erosion. Demolition and
debris removal will be completed within two (2) years of the declaration date or
September 14, 2020, as required by 44 CFR part 206.224(a)(4). The deeds to the
properties will be transferred to New Hanover County with the restrictions
imposed for the sites to remain as open space in perpetuity as defined in 44CFR
Section 206.434 E. The County will perform all maintenance on the parcels as
required.
In accordance with 44 CFR 80.19 (d) Monitoring and Reporting, every three (3)
years the subrecipient through the Recipient, shall submit to the FEMA Regional
Administrator a report certifying that the subrecipient has inspected the property
within the month preceding the report, and that the property continues to be
maintained consistent with the provisions of 44 CFR Part 80, the property
conveyance and the grant award.
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Latitude
Longitude
Address
city
State
Zip
Code
34.26950
- 77.78158
122
1 Treasure Island Way
Wilmington
NC
28411
34.26950
- 77.78158
122
Treasure Island Way
Wilmington
NC
28411
34.33890
- 77.87161
5110
Blue Clay Rd
Castle Hayne
NC
28429
34.29403
- 77.86378
6013
Murrayville Rd
Wilmington
NC
28405
34.33419
- 77.88134
12
Conway Rd
Castle Hayne
NC
28429
34.26835
- 77.86646
1333
Avon Court
Wilmington
NC
28405
34.26791
- 77.86594
1325
Avon Court
Wilmington
NC
28405
34.26869
- 77.86683
1341
Avon Court
Wilmington
NC
28405
34.26891
- 77.86668
1345
Avon Court
Wilmington
NC
28405
34.25783
- 77.88575
4117
Lynbrook Dr
WilminRton
NC
28405
34.33942
- 77.87233
5108
Blue Clay Rd
Castle Hayne
NC
28429
34.26766
- 77.86584
1321
Avon Court
Wilmington
NC
28405
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B -1
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
This Agreement, the North Carolina Legislature and the Hazard Mitigation Grant Program
grants are governed by the following statutes, regulations, procedures and policies:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
§5121 et. sue.;
(2) 44 C.F.R. parts 7, 9, 10, 18, 25, 206, 209, 220, 2 C.F.R. Part 200 and any other
applicable FEMA policy memoranda and guidance documents;
(3) Chapter 166A of the N.C. General Statutes, N.C.G.S. § 166A -19.1 et. seq., "The
N.C. Emergency Management Act";
(4) State of North Carolina Administrative Plan for the Hazard Mitigation Grant
Program and policies and procedures of the N.C. Division of Emergency
Management;
(5) All applicable laws and regulations delineated in Attachments D &E of this
Agreement;
(6) All applicable laws, ordinances, codes, rules, regulations, licensing requirements
and other regulatory matters that are applicable to the work performance under this
Agreement, including those of federal, state and local agencies having appropriate
jurisdiction.
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ATTACHMENT C
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence either
directly or indirectly an officer or employee of any state or federal agency, a
member of the N.C. Legislature, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL. "Disclosure Form to Report Lobbying," in accordance with
its instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all sub - awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all SUB - RECIPIENT /SUBGRANTEES shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
RECIPIENT /SUBGRANTEE
D-519 ad Er:
ASX_11
TML
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D -1
ATTACHMENT D
STATEMENT OF ASSURANCES
The RECIPIENT / SUBGRANTEE hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the
proposed program.
(b) Its governing body has duly adopted or passed as an official act a resolution,
motion or similar action authorizing the filing of the HMGP application to FEMA,
including all understandings and assurances contained therein, and directing and
authorizing the RECIPIENT /SUBGRANTEE's chief executive officer to act in
connection with the application and to provide such additional information as may
be required.
(c) No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this agreement or to any
benefit to arise from the same. No member, officer, or employee of the
RECIPIENT / SUBGRANTEE, or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other
public official of such locality or localities who exercises any functions or
responsibilities with respect to program during his tenure or for one year thereafter,
shall have any interest direct or indirect, in any contract or program assisted under
this agreement. The RECIPIENT / SUBGRANTEE shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purposes stated above.
(d) It will comply with and conduct audit(s) pursuant to the Single Audit Act of 1984,
31 U.S.C. §7501 et. seg., 44 C.F.R. Part 14, , OMB Circular A -133 "Audits of
States, Local Governments and Non -profit Organizations" for awards prior to
December 26, 2014, 2 C.F.R. Part 200, and applicable North Carolina laws, rules
and regulations. Additionally, the RECIPIENT / SUBGRANTEE shall comply with
the requirements related to audits and financial management pursuant to the Single
Audit Act of 1984, 31 U.S.C. §7501 et. seq. and shall provide the documentation
discussed below and requested under this Agreement. RECIPIENT
SUBGRANTEE must provide a hard copy of the Single Audit Act Report within
sixty (60) days of the close of its fiscal year. Otherwise, pursuant to 44 C.F.R.
§ 13.43, the AGENCY / SUBGRANTEE may withhold or suspend payments under
any grant award. Failure to provide such documentation or to comply with said
requirements shall terminate any obligation on behalf of the AGENCY /GRANTEE
to reimburse the RECIPIENT/ SUBGRANTEE for eligible expenses.
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D -2
The AGENCY /GRANTEE shall review the RECIPIENT/
SUBGRANTEE's performance periodically to determine whether
the RECIPIENT / SUBGRANTEE has substantially completed its
program as described in the approved Application and this
Agreement. Training and technical assistance shall be provided by
the AGENCY /GRANTEE, within limits of staff time and budget,
upon written request by the RECIPIENT / SUBGRANTEE and/or
upon a determination by the AGENCY /GRANTEE of RECIPIENT/
SUBGRANTEE need.
The RECIPIENT / SUBGRANTEE shall allow the AGENCY/
GRANTEE to carry out monitoring, evaluation, and technical
assistance and shall assure the cooperation of its employees, sub -
RECIPIENT/SUBGRANTEES and subcontractors during such
activities.
In the event that the AGENCY /GRANTEE suspends funding
pursuant to the provision of this Agreement, said suspension shall
take effect as of the receipt of the notice of said suspension by the
RECIPIENT / SUBGRANTEE. Any requests for payment for which
the AGENCY /GRANTEE has not yet disbursed payment shall be
subject to said suspension.
Should the RECIPIENT / SUBGRANTEE fail to enforce the
provisions of any promissory note, mortgage, security agreement, or
other obligation specified in any Participating Party Agreement or
in written contract with a beneficiary, contractor, agent, or sub -
RECIPIENT/ SUBGRANTEE who received payment or benefit
from funds disbursed under this Agreement, the AGENCY/
GRANTEE may, with thirty days (30) written notice to the
RECIPIENT / SUBGRANTEE, automatically substitute itself for the
RECIPIENT/SUBGRANTEE in said Participating Party Agreement
or written contract for the purpose of enforcing said Participating
Party Agreement or written contract and may, at its discretion,
continue to administer said Participating Parry Agreement or
written contract.
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D -3
The RECIPIENT /SUBGRANTEE's application for funds to the
State for funding consideration under the FEMA Hazard Mitigation
Grant Program is made a part of this Agreement by reference.
RECIPIENT / SUBGRANTEE shall establish and maintain a proper
accounting system to record expenditures of disaster assistance
funds in accordance with generally accepted accounting principles
or as directed by the Governor's Authorized Representative. The
RECIPIENT / SUBGRANTEE, its employees, and agents, shall
maintain records and supporting documents as prescribed in 44
CFR Part 13 for awards prior to December 26, 2014, 2 C.F.R. Part
200, Subpart C "Reports, Records Retention and Enforcement" and
9 NCAC Part 3M. These records shall be maintained at a readily
accessible site within the jurisdiction and under the jurisdiction's
control.
Program Income is defined in 44 CFR Section 13.25 for awards
prior to December 26, 2014 and 2 C.F.R. Part 200. Program
Income must be returned to the AGENCY/ GRANTEE within five
(5) days of receipt, to the following address:
Controller
N.C. Department Public Safety
4220 Mail Service Center
Raleigh, NC 27699 -4220
All RECIPIENT / SUBGRANTEE or sub - RECIPIENT/
SUBGRANTEE contracts for which the N.C. Legislature is in any
part a funding source, shall contain language to provide for
termination with reasonable costs to be paid by the RECIPIENT/
SUBGRANTEE for eligible contract work completed prior to the
date the notice of suspension or termination is received by the
RECIPIENT / SUBGRANTEE may not be funded with funds
provided under this Agreement unless previously approved in
writing by the AGENCY /GRANTEE. All sub - RECIPIENT/
SUBGRANTEE contracts shall contain provision for termination
for cause or convenience and shall provide for the method of
payment in such event.
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D-4
All amendments requiring prior AGENCY /GRANTEE approval
must be approved in writing by the AGENCY /GRANTEE prior to
the RECIPIENT/ SUBGRANTEE's submission of a closeout
package. Any closeout package received prior to the written
approval of said amendment is considered void ab initio, and is not
considered a closeout package for the purposes of eligibility or
potential penalty issues related to closeout.
10. Submission of inaccurate information by the RECIPIENT/
SUBGRANTEE in monitoring report responses; audit or audit
finding responses; quarterly, closeout, program income, or other
reports; or Requests for Funds that result in subsequent official
AGENCY /GRANTEE action based on that inaccurate information
(such as the granting of administrative or final closeout status,
releasing funds, or clearing findings) may at the option of the
AGENCY/ GRANTEE, subject the RECIPIENT / SUBGRANTEE
to revocation of the official AGENCY /GRANTEE action(s)
predicated on that report or submission, (e.g., revocation of closeout
status, audit clearance, monitoring report clearance, etc.).
(e) Where applicable, it will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C.
3701 (former 40 U.S.C.327 et seq., requiring that mechanics and
laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one -half
times their basic wage rates for all hours worked in excess of forty
hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.,
requiring that covered employees be paid at least the minimum
prescribed wage, and also that they be paid one and one -half times
their basic wage rates for all hours worked in excess of the
prescribed work -week.
(3) Davis -Bacon Act, 40 U.S.C. 3141 et. seq. (former 40 U.S.C. §276a
et. seq.).
(4) National Environmental Policy Act of 1969, 42U.S.C. §4321; et.
seq.; EO115154; EO11988; Coastal Zone Management Act of
1972, 16U.S.C. §1451 et. seq.; Section 176(c) of the Clean Air Act
of 1955, 42U.S.C. §7401 et. seq.; Safe Drinking Water Act of 1974,
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D -5
42U.S.C. §300f et. seq.; Endangered Species Act of 1973, 16U.S.C.
§1532 et. seq.;
Wild and Scenic Rivers Act of 1968, 16U.S.C. §1271 et. seq.
(5) Section 106 of the National Historic Preservation Act of 1966, 54
U.S.C. 306108 (former 16 U.S.C. §470 et. seq.); E01 1593;
Archaeological and Historic Preservation Act of 1974, 54 U.S.C.
312501 et. seq. (16 U.S.C. §469a -1 et. seq.).
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), 42 U.S.C. 2000d et.
seq. and the regulations issued pursuant thereto, which provides that no
person in the United States shall on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity for which the
RECIPIENT /SUBGRANTEE receives Federal financial assistance and will
immediately take any measures necessary to effectuate this assurance.
(2) If any real property or structure thereon is provided or improved with the
aid of Federal financial assistance extended to the RECIPIENT/
SUBGRANTEE, this assurance shall obligate the RECIPIENT/
SUBGRANTEE, 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;
(3) Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C.; 6101 et. seq.) which
prohibits discrimination on the basis of age or with respect to otherwise
qualified handicapped individuals as provided in Section 504 of the
Rehabilitation Act of 1973;
(4) Executive Order 11246 as amended by Executive Orders 11375 and 12086,
and the regulations issued pursuant thereto, which provide that no person
shall be discriminated against on the basis of race, color, religion, sex or
national origin in all phases of employment during the performance of
federal or federally assisted construction contracts; affirmative action to
insure fair treatment in employment, upgrading, demotion, or transfer;
recruitment advertising; layoff or termination, rates of pay or other fortes
of compensation; and election for training and apprenticeship.
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(g) The RECIPIENT / SUBGRANTEE agrees to comply with the Americans With
Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et se if
applicable, which discrimination by public and private entities on the basis of
disability in the areas of employment, public accommodations, transportation,
State and local government services, and in telecommunications.
(h) It will comply with the Anti- kickback (Copeland) Act of 1934,18 U.S.C. Section
874 and 40 U.S.C. Section 276a, which outlaws and prescribes penalties for
"kickbacks" of wages in federally financed or assisted construction activities. It
will comply with the provision of the Hatch Act, which limits the political activity
of employees.
(i) It will comply with the provision of the Hatch Act, which limits the political
activity of employees.
(j) It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 as amended. Pub. L. 93 -156, 87 Section
975, approved December 31, 1973, 42 U.S.C. 4001 et. seq. Section 103(a)
required, on and after March 2, 1974, 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 Secretary of the Department of Housing and
Urban Development 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.
(k) It will require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Part to
comply with the "uniform Federal Accessibility Standards," (UFAS) which is
Appendix A to 41 CFR Part 40 for residential structures. The RECIPIENT/
SUBGRANTEE will be responsible for conducting inspections to ensure
compliance with these specifications by the contractor.
(1) The RECIPIENT / SUBGRANTEE will comply with applicable N.C. General
Statutes when negotiating contracts for services.
(m) It has adopted and is enforcing a policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any individuals engaged in
nonviolent civil rights demonstrations, and has adopted and is enforcing a policy of
enforcing applicable State and federal laws against physically barring entrance or
exit from a facility or location which is the subject of such nonviolent civil rights
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demonstration within its jurisdiction in accordance with section 519 of Public Law
101 -140 of the 1990 HUD Appropriations Act.
(n) It will comply with Title IX of the Education Amendments of 1972, as amended
(20 U.S.C.: 1681 -1683 and 1685 -1686) which prohibits discrimination on the basis
of sex;
(o) It will comply with the Drug Abuse Office and Treatment Act of 1972 (P.L. 91-
616) as amended, (21 U.S.C. 1101 et. seq.) relating to nondiscrimination on the
basis of drug abuse;
(p) It will comply with the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970, as amended, (42 U.S.C.
4541 et. seq.) relating to nondiscrimination on the basis of alcohol abuse or
alcoholism.
(q) It will comply with 523 and 527 of the Public Health Service Act of 1912 "(42
U.S.C. 290 dd -3 and 290 ee -3) ", as amended, relating to confidentiality of alcohol
and drug abuse patient records;
(r) It will comply with Chapter 63 of Title 42, Lead -Based Paint Poisoning Prevention
"(42 U.S.C. 4821 et seq.)" which prohibits the use of lead based paint in
construction of rehabilitation or residential structures;
(s) It will comply with the Energy Policy and Conservation Act, 42 U.S.C. §6291 et.
sec..
(t) It will comply with the provisions of requiring contractor to maximize the use of
recovered/recycled materials, 2 CFR 200.322.
(u) RECIPIENT /SUBGRANTEE certifies that it:
(1) Is not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal
court, or voluntarily excluded from participating in Federal or State grants
or awards by any Federal or State department or agency; and
(2) Has not within a three -year period preceding this contract been convicted
of or had a civilian judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
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falsification or destruction of records, making false statements, or receiving
stolen property;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph (2) above; and,
(4) Has not within a three -year period preceding this application had one or
more public transactions (Federal, State, or local) terminated for cause or
default.
(v) RECIPIENT /SUBGRANTEE further agrees that it will include the above
certifications, without modification, in all lower tier contracts and in all
solicitations for lower tier contracts.
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ATTACHMENT E
SPECIAL CONDITIONS
This agreement shall be executed by the RECIPIENT /SUBGRANTEE, and returned to the
AGENCY /GRANTEE at the following address:
Hazard Mitigation Grants Manager
NCEM Hazard Mitigation Branch
Department of Public Safety
Division of Emergency Management
4105 Reedy Creek Road
Raleigh, NC 27607
This agreement will be executed within thirty (30) days after receipt. All time periods in
this Agreement refer to calendar days. After receipt by the AGENCY /GRANTEE of the signed
Agreement, the AGENCY /GRANTEE will execute this Agreement and return an original to the
RECIPIENT /SUBGRANTEE.
Steven Still
Emergency Management and 911 Director
230 Government Center Drive, Suite 115
Wilmington, NC 28403
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