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HomeMy WebLinkAboutResolution 09-83 i � RESOLUTION NO. 9-83 RESOLUTION DESIGNATING AN AGENT FOR MATTERS PERTAINING TO FEDERAL DISASTER ASSISTANCE The Council of the City of Atascadero resolves as follows : 1 . That Murray L. Warden, City Manager or Lawrence McPherson , Public Works Director are hereby authorized to execute for and in behalf of the City of Atascadero, a public entity es- tablished under the lawn of the State of California , this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial as- sistance under the Disaster Relief Act (Public Law 288 , 93rd Congress) or otherwise available from the President ' s Disas- ter Relief Fund . 2. That the City of Atascadero , a public entity established un- der the laws of the State of California, hereby authorizes its agent to provide to the State and to the Federal Emergen- cy Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agree- ments as set forth in "Applicant ' s Assurances" attached here- to . On motion by Councilman Stover and seconded by Councilman Molina , the foregoing resolution is hereby adopted in its en- tirety on the following vote : AYES: Councilmen Mackey, Molina, Stover, and Mayor Nelson tNOES: None ABSENT: Councilman Wilkins ADOPTED: February 28, 1983 _ r ' ROLFE NEL ON, Mayor ATTEST: ATSY __ —FUR, De Deputy City lerk APPROVED AS TO ORM: APPROVED AS TO CONTENT: ALLEN GRIMES, City Attorney MrAY7111VIRATRIDTEN,,"TTtty Manager i + APPLICANT ASSURANCES • The Applicant hereby assures and certifie that he will comply with the FEMA regulations,policie idelines,and requirements including OMB's Circulars No. A-95 and A-102, IC 74.4,as they relate to the application,acceptanc use of Federal funds for this Federally- assisted project. Also,the Applicant g* surance and certifies with respect to and as a conditio r the grant that: 1. It possesses legal authority to apply for the grant,and to finance 15. It will comply with the provisions of the Hatch Act which limit and construct the proposed facilities;that a resolution,motion or the political activity of employees. similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the 16. It will comply with the minimum wage and maximum hours application,including all understandings and assurances contained provisions of the Federal Fair Labor Standards Act,as they apply to` therein, and directing and authorizing the person identified as the hospital and educational institution employees of State and ' official representative of the applicant to act in connection with local governments. the application and to provide such additional information as may be required. 17. (To the best of his knowledge and belief)the disaster relief work described on each Federal Emergency Management Agency . It will comply with the provisions of: Executive Order 11988, (FEMA) Project Application for which Federal Financial' as- relating to Floodplain Management and Executive Order 11990, sistance is requested is eligible in accordance with the criteria relating to Protection of Wetlands. contained in 44 Code of Federal Regulations, Part 205, and 3. It will have sufficient funds available to meet the non-Federal applicable FEMA Handbooks. share of the cost for construction projects. Sufficient funds will 18. The emergency or disaster relief work therein described for be available when construction is completed to assure effective which Federal Assistance is requested hereunder does not or operation and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from constructed. another source. 4. It will not enter into a construction contract(s)for the project or 19. It will (1) provide without cost to the United States all lands, undertake other activities until the conditions of the grant pro- easements and rights-of-way necessary for accomplishment of the gram(s)have been met. approved work; (2) hold and save the United States free from 5. It will provide and maintain.competent and adequate architectur- damages due to the approved work or Federal funding. al engineering supervision and inspection at the construction site 20. This assurance is given in consideration of and for the purpose of to insure that the completed work conforms with the approved obtaining any and all Federal grants, loans, reimbursements, ad- plans and specifications; that it will furnish progress reports and vances, contracts, property, discounts of other Federal financial such other information as the Federal grantor agency may assistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in 6. It will operate and maintain the facility in accordance with the reliance on the representations and agreements made in this as- minimum standards as may be required or prescribed by the surance and that the United States shall have the right to seek 1 applicable Federal, State and local agencies for the maintenance judicial enforcement of this assurance. This assurance is binding and operation of such facilities. on the applicant,its successors,transferees,and assignees,and the 7. It will the the person or persons whose signatures appear on the reverse as au- g grantor agency and the Comptroller General, thorized to sign this assurance on behalf of the applicant. through any authorized representative, access to and the right to examine all records, books,' papers, or documents related to the grant. 21. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 8. It will require the facility to be designed to comply with the Public Law 93-234, 87 Stat. 975, approved December 31, 1973. "American require d Specifications for Making Buildings and Section 102(a)requires,on and after March 2, 1975,the purchase Facilities Accessible to, and Usable by the Physically Handi- available flood in -condition in communities where such insurance. is I available as a"condition for the receipt of any Federal financial capped," Number A117.1-1961, as modified (41 CFR 101-17- assistance for construction or acquisition 7031). The applicant will be responsible for conductingin- the purposes for use in any area that has been identified by the Director,Federal Emergency thec[io tr to insure compliance with these specifications by Management Agency as an area having special flood hazards. The _ the contractor. phrase "Federal financial assistance" includes any form of loan, 9. It will cause work on the project to be commenced within a grant, guaranty, insurance payment, rebate, subsidy, disaster g assistance loan or grant, or any other form of direct or indirect reasonable time after receipt of notification from thea Federal agency that funds have been approved and willpsee that Federal assistance. work on the project will be prosecuted to completion with 22. It will comply with the insurance requirements of Section 314, reasonable diligence. PL 93-288, to obtain and maintain any other insurance as may be 10. It will not dispose of or encumber its title or other interests in to a ansonabley propertyuatewhich wascessary replaced,to r�esto ed rotectgrepaired torrcon- the site and facilities during the period of Federal interest or strutted with this assistance. while the Government holds bonds, whichever is the longer. 23. It will defer funding of any projects involving flexible funding 11. It agrees to comply with Section 311, P.L. 93-288 and with until FEMA makes a favorable environmental clearance, if this Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and in is required. accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, or national origin, be 24' It will assist the Federal grantor agency in its compliance with excluded from participation in, be denied the benefits of, or be Section 106 of the National Historic Preservation Act of 1966, _ otherwise subjected to discrimination under any program or as amended, (16 U.S.0 470), Executive Order' 11593, and the (1activity for which the applicant receives Federal financial as- Archeological and Historic Preservation Act of 1966 6 U.S.C. sistance and will immediately take any measures necessary to 469a-1 et seq.) by (a) consulting with the State Historic Preser- effectuate this agreement. If any real property or structure is vation Officer on the conduct of investigations, as necessary, provided or improved with the aid of Federal financial assist- to identify properties listed in or eligible for inclusion in the ante extended to the Applicant, this assurance shall obligate the National Register of Historic places that are subject to adverse y Applicant, or in the case of antransfer of suchprope effects (see 36 CFR Part 800.8) by the activity, and notifying 'transferee, for the period during which the realert any the Federal grantor agency of the existence of any such pr structure is used for a purpose for which the Federal fnanc oper- al ties, and by (b) complying with all requirements established by assistance is extended or for another purpose involving the the Federal grantor agency to avoid or mitigate adverse effects provision of similar services or benefits. upon such properties. 12. It will establish safeguards to prohibit employees from using 25. It will, for any repairs or construction financed herewith, comply theirpositions for a purpose that is or gives the appearance of with applicable standards of safety, decency and sanitation and being motivated by a desire for private gain for themselves or in conformity with applicable codes, specifications and Stan- others, particularly those with whom they have family, business, dards; and, will evaluate the natural hazards in areas in which or other ties. the proceeds of the grant or loan are to be used and take ap- ' 13. It will comply with the requirements of Title II and Title III of propriate action to mitigate such hazards, including safe land the Uniform Relocation Assistance and Real Property Acqui- sitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal % and Federally-assisted programs. 14. It will comply with all requirements imposed by the Federal STATE ASSURANCES grantor agency concerning special requirements of law, ro ram -� requirements, and other administrative requirements a poved m The State agrees to take any necessary action within State capabilities pmended, to require compliance with these assurances and agreements by the accordance with OMB Circular A-102, P.L. 93-288 as and applicable Federal Regulations. applicant or to assume responsibility to the Federal ment fo any deficiencies not resolved to the satisfaction oftheRegional Director. DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY OF , (Governing Body) (Public Entity) THAT * (Name of Incumbent) (Official Position) OR * (Name of Incumbent) Governor's Authorized If Representative, is hereby authorized to execute for and in behalf of a public entity established under theviaws 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 DisasterRelief 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 agen) 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 - 1 I, _ H'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 F` of , (Governing Body) (Public Entity) on the day of ' 19 Date: (Official Position) (Signature) e *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. FEMA Form 9463,MAR 81 CERTIFICATION I, PATSY A. HESTER, Deputy City Clerk of the City of Atascadero, hereby -certify that the foregoing is a true and correct copy of Resolution No. 9-83 adopted by the Atascadero City Council at a regular meeting thereof held on February 28 , 1983 Dated: March 1, 1983 s, PATSY ESTER, Deputy City Clerk City of Atascadero, Cali"vornia h� I